Trading Standards issue - CAB website

james_joyce

The request for information hasn't upset me in the slightest. What disappoints me is that people make comments along the lines of 'can you actually read?' and expect to get away with it.

molerat

Send a letter, with proof of posting and keeping a copy, stating all the facts, missed dates etc, stating that you reluctantly agree to his preferred date and if he does not do the job on his stated new date you will consider the contracted terminated due to his default and will expect a full and immediate refund of all monies paid. That way you will be seen to be reasonable in accepting his promised date and not one set arbitrarily by yourself if it comes to small claims. No need to get a solicitor involved yet and probably not necessary at all.

james_joyce

Thank you very much. That's exactly what I'm in the process of doing.

However it's slightly complicated because she paid:
- an initial deposit,
- then a payment for a first stage of work which has been completed
- then a payment for a second stage which has not been started
There is then a final payment due on completion, which obviously she has not paid.

I think we just need to request a refund for the second stage payment. However I'm not sure what we do about the deposit? Do we reclaim all of it, pro-rata it, or not claim it at all?

molerat

If the value of the work already carried out is clear cut then anything paid over and above that amount is the sum that needs refunding, were separate quotes made for the works ?

james_joyce

Not separate quotes as such, but the overall quote was split into the 4 elements I mentioned earlier. These elements were to be paid at different points in the process.

The second element, ie payment for the first stage of the work, clearly relates to work which has actually been completed so there's no dispute about that. That element is about one-third of the total quoted price.

Also the third element, ie payment for the second stage, clearly relates to work which has not been started and therefore that payment needs to be refunded. That element is also about one-third of the total quoted price.

The other payments - deposit and completion - are each about one-sixth of the grand total. It occurs to me that we've no way of working out the total value of the work done so far. Not sure what to do about this.

Money-Saving-King

james_joyce wrote: »

have sued for Small Claims in the past elsewhere anyway.

What for?

I don't understand if you've gone through this process before why you're asking again?

Did you actually win you small claims or not?

james_joyce

I just mean I am happy to avoid using solicitors and have made a completely separate small claim in the past about something else altogether.

I haven't been through this process before, ie with builders failing to turn up, so it's not a question of my asking again.