units not fit for purpose

kitz123 · 8 August 2014 at 12:24PM

a "craftsman" quoted to make and fit kitchen units. He asked for money up front which I gave him in cash, as he was a friend of a relative. This was in May. He did not return calls and the date for fitting (July 7) came and went. Eventually he arrived with something that was completely unfiit for purpose. He was here about one hour before saying he had to go to another job. I told him it was completely unfit for purpose. The "worktop" is old scaffolding planks that have not been treated at all. There are splits and cracks and it is badly splintering even though I do not use it due to the danger. There are no shelves, cupboard doors or backs, the joints don't meet and is an utter disgrace. He sent a text saying that it would be in his best interest if he did not do any more work on the kitchen. I have been left without a kitchen since May. He does not reply to phone calls or letters. CAB have advised me and I have followed their advice. Trading standards does not seem to exist. I just get put through to CAB again. I think I will have to issue small claims proceedings. Can I get another contractor to come and make a kitchen? Or do I have to wait until the court hearing which will take months. I cannot profit from any further work but what if other quotes are much higher for the same sort of spec? Must I send the original contractor who broke the contract a further letter telling how much I will sue him for? I have already given him the chance to reply but he hasn't. A chartered surveyor is coming to make a report, and this will cost me £200. Other contractors have looked at the work and say it is the worst thing they have seen in their entire careers, but I live in a small town and they do not want to get involved in court issues.Any help please??!!!

keyser666 · 8 August 2014 at 12:46PM

You need to demonstrate you have given him the chance to rectify things, if he doesnt then you would go to small claims and follow the protocol for that.

From what you have said I cannot see you getting this money back personally

kitz123 · 8 August 2014 at 1:36PM

Thank you for replying. I feel I have given him a chance to rectify things. He received a letter seven days ago which was a follow up to other letters asking for his comments. I do want to do things properly. Just had another kitchen fitter come to quote, and he said that the "Worktop" is unhygienic and dangerous..he was surprised that trading standards aren't involved. As this is a civil matter the council do not concern themselves. I have a lodger... what if he injures himself on the kicthen worktop? Can I be sued by him?
Thanks

keyser666 · 8 August 2014 at 1:55PM

Trading standards wont get involved. Get a report off of the new contractor.

Send the old contractor a Letter Before Action.

Does the old contractor have any tools or stuff at yours?

Also the new person you are hiring, pay them in staged payments, so

£100 Worktop Fitted and happy
£250 6 x Kitchen Units
etc
etc

kitz123 · 8 August 2014 at 2:23PM

No, there are no tools or anything belonging to the contractor left at the house. I am still not sure if I can ask a contractor to make and fit a kitchen before my claim is heard in the small claims court. Can I charge the cost of this to the contractor I am suing?

Bantex_2 · 8 August 2014 at 3:10PM

kitz123 wrote: »

No, there are no tools or anything belonging to the contractor left at the house. I am still not sure if I can ask a contractor to make and fit a kitchen before my claim is heard in the small claims court. Can I charge the cost of this to the contractor I am suing?

No point in suing him unless he has money to pay you.

keyser666 · 8 August 2014 at 4:05PM

kitz123 wrote: »

No, there are no tools or anything belonging to the contractor left at the house. I am still not sure if I can ask a contractor to make and fit a kitchen before my claim is heard in the small claims court. Can I charge the cost of this to the contractor I am suing?

Yes you can ask the new contractor to make and fit before the case is heard.

kitz123 · 8 August 2014 at 4:10PM

Thank you. I certainly can't use the kitchen as it is. The contractor is bragging about how much work he has on but that could just be bluffing. He has a company van with personalised numberplate, but that of course doesn't mean much.His company is bascially him plus a young apprentice.

hollydays · 8 August 2014 at 8:50PM

How much was the original quote for?

kitz123 · 9 August 2014 at 8:01AM

he quoted 1500 and i gave him 750 three months ago. He was asked if he wanted to do the kitchen and he said he did. I asked him if he could do the kitchen... he said he did. I did not ask for other quotes as he is a friend of my daughter in law and she said he was looking to do kitchens. His business is furniture making.He was going to make it out of reclaimed wood. There is rustic and there are the Flintstones. He was obviously out of his depth and just walked away. What he has supplied is about one days work but is entirely unfit for purpose. It is only fit for firewood. I will have to get another contractor in to take it out and start again.

Bollotom · 9 August 2014 at 9:30AM

Local newspaper to warn others would be the "Neighbourly" thing to do. You perhaps shouldn't allow your lodger to use the kitchen if it's a bit dodgy and unhygienic. Make sure he, the contractor, knows you are determined to take him to small claims. Try to find out if he's a member of any professional body and report him. Report him to trading standards, environmental health and council, even if they do nothing you'll have records of things. No phone calls, everything in writing, recorded, and have a chat with CAB. :cool: