Service paid for but not provided how to start legal proceedings?

malteser

Sorry if this is not in the correct place but I hope you can offer some advice.

We engaged the service of a specialist curtain track fitter to make a lath fascia board for our 2 bay windows. We agreed a price of £250 per window and the fitter asked for 50% deposit up front which we paid by cheque (£250)
On numerous occasions he has promised to come and fit the track however the last 3 times he has blamed his upholsterer and said that it was still not ready he phones about an hour before his appointment. We do not trust this person and know very little about him and are now in a situation where he keeps saying he will complete the work but fails to turn up. After a heated discussion earlier this week he promised to come and fit tonight at 5:30 and again has failed to show however this time he has not even called. After further investigating him he seems to be a very dodgy character and has cashed our cheque at "The Money Shop"
I had read a little about the small claims court and putting a letter together with the phrase "time is of the essence" please find below our drafted letter, any comments/advice would be very helpful and do we have to give him 14 days or can it be 7 days?

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Dear xxxx
As you are aware you have neglected to supply and fit the curtain track and covered lath as ordered on 31st July 2006.

We have paid £250 deposit and, as yet, have seen no evidence that the work will be completed in a reasonable timeframe. On numerous occasions you have neglected to keep appointments as arranged, indeed on two occasions I personally have been inconvenienced as I have had to leave work early to attend the fitting. On these occasions I have incurred a loss of earnings and you should be in no doubt that I am able to prove a loss of 6 hours. On my standard rate this is not an insignificant amount of money.

I have been advised to send this letter and state that ‘time is of the essence’ with regards to you fulfilling your part of the contract. I formerly give notice that I expect the job to be completed to my satisfaction and convenience within the next fourteen days or I expect the return of the £250 deposit.

Please be in no doubt that should you choose to ignore my willingness to allow you to complete the job or return my money within this time period I will commence with legal proceedings to claim the deposit and loss of earnings.

Yours Sincerely

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thanks
m

Fraserca

Try Trading Standards with your local Council ( You may as well get something back for their tax extorton racket )

Its in the phone book ( probably in a large advert that nobody but the council or a similar money making racket could afford to pay for )

hollydays

THe fact that a business is cashing cheques at the money shop is definitely worrying.If they are a specialist,although unlikely,-if they are a member of any trade association,contact them too.Could there be a chance the business has gone into liquidation.The citizens Advice burea do an info pack showing you the stages to go through,and how to word letters.Dont forget to send letters by recorded delivery