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    • Grumpycat
    • By Grumpycat 13th Jul 17, 9:01 PM
    • 19Posts
    • 4Thanks
    Grumpycat
    Landscape gardener work is awful, where do I stand?
    • #1
    • 13th Jul 17, 9:01 PM
    Landscape gardener work is awful, where do I stand? 13th Jul 17 at 9:01 PM
    Hi
    I'm looking for some advice if possible please. I've employed a landscape gardener to redo my garden, he advised it was a two week job and that he would start in February. It's now July and he still hasn't finished, he has worked maybe half a day a week with numerous apologies but no real reason for not finishing the work.

    I have asked two other landscape gardeners to look at the work and they have advised that it is of a terrible standard. I am very upset and want to get the work rectified, although preferably not by the original Gardner who hasn't finished.

    I didn't sign a contract and only have an email with his quote along with multiple text conversations promising the work would be done when I've requested it finished with 7/14 days.

    Does this count as a contract with him? Can I go through the consumer act and request money back or the works rectified? Do I have to offer him the opportunity to rectify the works or can I get someone else to and give him the bill?!

    Any advice on the matter would be greatly appreciated! Thank you.
Page 1
    • hollydays
    • By hollydays 13th Jul 17, 9:13 PM
    • 15,528 Posts
    • 11,314 Thanks
    hollydays
    • #2
    • 13th Jul 17, 9:13 PM
    • #2
    • 13th Jul 17, 9:13 PM
    You've paid him?
    There are landscape gardeners , there are gardeners and there are cowboys.
    How did you find him?
    Last edited by hollydays; 13-07-2017 at 9:15 PM.
    • Grumpycat
    • By Grumpycat 13th Jul 17, 9:16 PM
    • 19 Posts
    • 4 Thanks
    Grumpycat
    • #3
    • 13th Jul 17, 9:16 PM
    • #3
    • 13th Jul 17, 9:16 PM
    We paid half upfront and then a further £1500 as he said he'd be able to get the job done quicker (massive lie!), still a bit left to pay.
    He was recommended by my boss who had a good experience with him, he had even ubderwuoted but refused to take more money from my boss so I thought he'd be ok!
    • hollydays
    • By hollydays 13th Jul 17, 9:19 PM
    • 15,528 Posts
    • 11,314 Thanks
    hollydays
    • #4
    • 13th Jul 17, 9:19 PM
    • #4
    • 13th Jul 17, 9:19 PM
    What work did he do for your boss?
    • Alter ego
    • By Alter ego 13th Jul 17, 9:21 PM
    • 2,165 Posts
    • 2,081 Thanks
    Alter ego
    • #5
    • 13th Jul 17, 9:21 PM
    • #5
    • 13th Jul 17, 9:21 PM
    Ubderwouted has got me beat.
    Ignore me if you like, it's not the real me anyway.
    • Grumpycat
    • By Grumpycat 13th Jul 17, 9:27 PM
    • 19 Posts
    • 4 Thanks
    Grumpycat
    • #6
    • 13th Jul 17, 9:27 PM
    • #6
    • 13th Jul 17, 9:27 PM
    He laid a patio, only a couple of days work in comparison
    • hollydays
    • By hollydays 13th Jul 17, 9:35 PM
    • 15,528 Posts
    • 11,314 Thanks
    hollydays
    • #7
    • 13th Jul 17, 9:35 PM
    • #7
    • 13th Jul 17, 9:35 PM
    You need to explain in more dtail what you asked him to do and also what the problems are
    • Grumpycat
    • By Grumpycat 13th Jul 17, 9:52 PM
    • 19 Posts
    • 4 Thanks
    Grumpycat
    • #8
    • 13th Jul 17, 9:52 PM
    • #8
    • 13th Jul 17, 9:52 PM
    He was hired to lay two patio areas, build a patio wall then render it with two steps up to the garden. Lay new turf, shed base, path, veg patch and raised flower bed with sleepers. About half the work has been done since February, the patio it too high in relation to the damp course, it's stained, has crosses and straight lines in the pattern which it shouldn't, it slopes one way and has no drainage so water will pool. The wall isn't tied at each end so could fall over and the render looks awful, the steps are wonky, the sleepers have nails sticking out so stuff could get caught on then, that's a few of the main issues!
    • LilElvis
    • By LilElvis 13th Jul 17, 10:51 PM
    • 3,169 Posts
    • 8,784 Thanks
    LilElvis
    • #9
    • 13th Jul 17, 10:51 PM
    • #9
    • 13th Jul 17, 10:51 PM
    So how much was his quote and how much have you paid him?
    • tykesi
    • By tykesi 14th Jul 17, 12:53 AM
    • 1,819 Posts
    • 2,516 Thanks
    tykesi
    Drip drip drip...
    £2017 in 2017 - £5396.83
    • DoaM
    • By DoaM 14th Jul 17, 9:50 AM
    • 3,494 Posts
    • 3,551 Thanks
    DoaM
    Ubderwouted has got me beat.
    Originally posted by Alter ego
    Underquoted
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • RoonilWazlib
    • By RoonilWazlib 14th Jul 17, 10:33 AM
    • 148 Posts
    • 101 Thanks
    RoonilWazlib
    I think you are saying there was no written contract? Was the contract formed at your house - ie did they come to quote and the work was agreed in your house?




    Consumer Rights Act says trader needs to carry out the service using reasonable care and skill and within a reasonable timescale.


    The onus is on you to prove that these implied terms have been breached. The other traders who have said its terrible may be enough for that - did they give you that in writing?


    If you can do so, in the first instance the trader is entitled to an opportunity to put it right which should be also within a reasonable time and at no cost to you. You may be able to refuse to allow the opportunity for trader to put it right if this was to cause you a significant inconvenience.


    The alternative remedy would be a price reduction which generally would reflect the cost to you to have someone else come and rectify the work - if you go down this route you may wish to get more than 1 quote to show your claim is reasonable.
    • Grumpycat
    • By Grumpycat 14th Jul 17, 11:07 AM
    • 19 Posts
    • 4 Thanks
    Grumpycat
    There was no written contract but he emailed a quote and through text the deposit, start date and length work would take were agreed and then he came to our house and took the deposit payment of half £2500. We later paid another £1500 to attempt to speed thigs up which failed, this leaves a grand to pay.

    We have had two other landscapers round who both say the work is bad, one written quote received so far to rectify the work and finish is £6000 I really don't want to end up forking out £10k overall due to the first guy messing up!

    If we do have a contract by means of him taking a payment from us and starting the work he quoted then I'm guessing I'm best of telling him we want the work rectified at his cost to a reasonable standard within say 14 days and if this ain't possible then we want our money back in full or partially?! I would rather he didn't do the work as he has messed us around and stressed us out so much so far by how u reliable his is and by doing the odd weekend day but not sure if I can deny him the chance to sort it? If we request money back to cover the cost to rectify it, it is more than the original work as I think he underquoted which is probably the main issue.

    I will go to the credit card company under section 75 as well and try and go through them in case he refuses to give anything back.

    His website claims his work is guaranteed for quality for 5 years and he strives to give 100% customer satisfaction !
    • AndyMc.....
    • By AndyMc..... 14th Jul 17, 11:13 AM
    • 730 Posts
    • 558 Thanks
    AndyMc.....
    Out of interest, what did others quote for the same work?
    • DoaM
    • By DoaM 14th Jul 17, 11:24 AM
    • 3,494 Posts
    • 3,551 Thanks
    DoaM
    Reading the post above yours, I'm guessing in the £6k region whereas the gardener in question quoted £5k.
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Grumpycat
    • By Grumpycat 14th Jul 17, 12:13 PM
    • 19 Posts
    • 4 Thanks
    Grumpycat
    Yea that's right, £5k for the original work and to rectify it by another company is £6k and we haven't paid the original guy £1k so if we can claim anything back we'd be looking at £10k overall ;(
    • Rainbowgirl84
    • By Rainbowgirl84 14th Jul 17, 12:16 PM
    • 496 Posts
    • 857 Thanks
    Rainbowgirl84
    Yea that's right, £5k for the original work and to rectify it by another company is £6k and we haven't paid the original guy £1k so if we can claim anything back we'd be looking at £10k overall ;(
    Originally posted by Grumpycat
    So you'd end up getting the job done for free?
    • DoaM
    • By DoaM 14th Jul 17, 12:19 PM
    • 3,494 Posts
    • 3,551 Thanks
    DoaM
    Typo I guess ... so if we can't claim anything back..
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • Grumpycat
    • By Grumpycat 14th Jul 17, 1:16 PM
    • 19 Posts
    • 4 Thanks
    Grumpycat
    If wecouldnt get any money back it would be £10k but if we get the original £4K back for the awful job we'd still pay £6k which we'd be willing to pay but the original guy is unlikely to give us our money back I'm sure!
    • AndyMc.....
    • By AndyMc..... 14th Jul 17, 4:40 PM
    • 730 Posts
    • 558 Thanks
    AndyMc.....
    Reading the post above yours, I'm guessing in the £6k region whereas the gardener in question quoted £5k.
    Originally posted by DoaM
    I'm not sure that's correct as the price appears to be a total cost for making good previous work.
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