Building Services and misrepresentation act 1967

Anna1912

Hi,
I had a firm to provide some building services in my house.
In the process, they managed to cause damage on every day they were in the property.

Further I was advised that they have installed materials not as per specification, confirmed by building material producer.

Thus I have strong grounds for the contract to be rescinded under misrepresentation act 1967.

I have paid deposit and part of the invoice by credit card and intend to claim charge back or under section 75.
However, if and when I'll be given my money back by cc card company, I'm also looking at my incurred expenses of £500, which company refuses to recognise and further approx 1.5-2.5k to get things to the point where I was prior them starting wark on my house.

So the question is can I go to small claims court to ask them to rescind the contract due to fraudulent misrepresentation or not?

The total sum of building costs and expenses incurred will be under 10k

Thanks

eddddy

That doesn't sound like misrepresentation, that sounds like breach of contract.

Specifically, it's the following implied term that would have been breached:

Consumer Rights Act 2015, CHAPTER 4

49 Service to be performed with reasonable care and skill

(1)Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill.

Link: http://www.legislation.gov.uk/ukpga/2015/15/part/1/chapter/4/enacted

If you're claiming for breach of contract, you can also claim for consequential losses (i.e. potentially the cost of putting things right.)

Section 75 of the Consumer Credit Act makes the credit card company jointly liable for breach of contract.

So you can claim damages from the building company and/or credit card company - and if required, make your claim through the small claims court.

Anna1912

I signed a contract because I was told the product they use guarantees the best durability on the market.

The produce said that the product is fragile and cannot be used in the manner they are using it.
Care, yes there was a complete lack of care let alone any customer service skills.

Anna1912

Seems like it may be best get legal advice before I submit any claims.