Substandard landscaper - what are our rights?

ginge001

Hi,
We paid to have some landscaping work to our garden in 2018. The landscaper asked for payment upfront, which we stupidly paid, and then had nothing but trouble with them. Weeks of no-shows, constantly having to chase them to come back and have been left with unfinished, sub standard work. We asked them repeatedly to come back to correct the patio but they just replied with ‘LOL’. 

This week we had some companies over to quote to lay some Astro turf and they’ve all said it’s not safe to do so as the retaining sleeper wall the landscaper erected is not safe. 

I’m wondering what our rights are? The landscaper is unresponsive and I’m not sure we even want him here again as we’re so angry. But I also don’t see why we should have to pay to have his work corrected. 

We’re at our wits end with the situation and any advice would be much appreciated. 

Thanks, Ginge

hollydays

Why have you left it so long?

Aylesbury_Duck

You've got no chance after two years. 

the_lunatic_is_in_my_head

Aylesbury_Duck said:

You've got no chance after two years. 

OP has 6 years to make a claim against them and something like a retaining wall not being sufficient may well not be something the average person could know. 

OP you would need an independent report to demonstrate the wall was not erected with due care and skill, be able to show you hired the original company to do that aspect of the work, send a letter before action to the original company for the cost of having the works done correctly and then take them to small claims. 

The consumer rights act doesn't prevent you from seeking damages and if you showed the court the original responses to your concerns regarding their work I think a reasonable person wouldn't be asking why you didn't offer them the opportunity to correct the work. 

ginge001

hollydays said:

Why have you left it so long?

It’s been 18 months. He finished October 18. We noticed the retaining wall had moved and the patio slabs resting on it had sunk in March 19 and he reluctantly agreed to come back and relay the slabs. August 19 they had sunk again, and wall had moved further forward. We went back to him and his response was that it is normal for our wall to be moving as the land is on a slope. We have been chasing for him to correct this but have been met with silence. 

He’s not a pleasant man. We've been reluctant to take things further through fear of repercussions. We thought we’d give him the opportunity to correct it instead and keep things amicable. It’s obvious this isn’t going to happen. 

ginge001

the_lunatic_is_in_my_head said:

Aylesbury_Duck said:

You've got no chance after two years. 

OP has 6 years to make a claim against them and something like a retaining wall not being sufficient may well not be something the average person could know. 

OP you would need an independent report to demonstrate the wall was not erected with due care and skill, be able to show you hired the original company to do that aspect of the work, send a letter before action to the original company for the cost of having the works done correctly and then take them to small claims. 

The consumer rights act doesn't prevent you from seeking damages and if you showed the court the original responses to your concerns regarding their work I think a reasonable person wouldn't be asking why you didn't offer them the opportunity to correct the work. 

Thank-you for taking the time to reply, this is really helpful. 

I don’t have a detailed quote confirming we hired them to do that aspect of the work. I do have email trails though of us discussing the patio and wall. But I guess it would be his word against ours? 

The funny thing is he has used pictures of our garden as an example of his work on his website! 

hollydays

Do you have a third party maybe family member who could contact him on your behalf if you fear intimidation?

hollydays

How did you find out about him initially? If you want to message me all his details, I will see what I can find out about him, to see if that sheds any light on this. I will not post what I find but send it back to you.

ginge001

Hollydays - thanks, I’ve messaged you.