Poor tiling job

GDB2222

Locornwall wrote: »

Also, please can someone confirm if solicitors get involved in small claims courts?

costs payable by the losing side are very limited in the small claims track, but there’s nothing to stop someone being legally represented.

DoaM

As above, you can engage a solicitor but you won't be able to claim any of their costs, except perhaps up to £50.

Locornwall

Thanks. I am not planning on engaging a solicitor. I was just wondering, as he may engage one.

Locornwall

Additional advice please.

The builder has stated he wants to view the job and discuss.

I do not want to do this. He had ample opportunity to view it and discuss it, however when he finished it (to his standard) he left the house and posted the key through the letterbox. I understand the law puts no obligation on me allowing him access to my house to view the job again. I did tell him I am happy to discuss it firstly over the telephone, which he has refused.

14 days ago I sent him an email telling him what was wrong with the job and what needs doing. My understanding as pointed out previously is that this is law under the consumer rights act. He hasn’t replied telling me whether he wants to fix the problems I have stated. Any advice? I don’t want to wait forever to get the job done properly, as I have another tiling company ready to go.

George333

Locornwall wrote: »

Additional advice please.

The builder has stated he wants to view the job and discuss.

I do not want to do this. He had ample opportunity to view it and discuss it, however when he finished it (to his standard) he left the house and posted the key through the letterbox. I understand the law puts no obligation on me allowing him access to my house to view the job again. I did tell him I am happy to discuss it firstly over the telephone, which he has refused.

14 days ago I sent him an email telling him what was wrong with the job and what needs doing. My understanding as pointed out previously is that this is law under the consumer rights act. He hasn’t replied telling me whether he wants to fix the problems I have stated. Any advice? I don’t want to wait forever to get the job done properly, as I have another tiling company ready to go.

I think you need to give him the opportunity to rectify the work.

Locornwall

I will but he says he wants to come and view it for other reasons. If he wants to rectify the job then I’m happy for him to attend and put it right, as this is what the law states. If he wants to come to discuss it then that’s not what the law states. If he does however want to rectify it then it will be on my terms, eg. No cutting tiles in my house this time creating a mess for my partner and I to clean afterwards.

pinkshoes

Locornwall wrote: »

I will but he says he wants to come and view it for other reasons. If he wants to rectify the job then I’m happy for him to attend and put it right, as this is what the law states. If he wants to come to discuss it then that’s not what the law states. If he does however want to rectify it then it will be on my terms, eg. No cutting tiles in my house this time creating a mess for my partner and I to clean afterwards.

Then let him come round and discuss what you require doing. Record the conversation. Then agree a date when he will do the work.

If he fails to agree or turn up to do it then get someone else to do it.

GDB2222

If it goes to court, the judge will not like your refusing access. Also, you are expected to try to settle the case, whereas you are coming across as rather unreasonable.

If the judge is unhappy with your actions he can rule against you. For example, he can make a finding of fact that the work is of reasonable quality. You cannot appeal such a finding.

DoaM

The judge could also find for you as a matter of fact, but award costs to the other party due to your behaviour, where such costs could severely dent or even cancel out your claim.