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Landscaping job done incorrectly - company says they did what they were told

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  • pleasedelete
    pleasedelete Posts: 2,291 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    brumbill said:
    Had Free legal advice today and have been told that we don’t pay them a thing as the contract was for all the works Together and they haven’t met the contract. Apparently need to write to them and give them 14 days to come and fix the problem or we can get someone else to do it and bill them for the work.

    Oh dear...
    Free legal advice?
    Hmm. 

    At this point you havent paid them and so if you are to bill them for remedial work you will have to pay them first? 
    June challenge £100 a day £3161.63 plus £350 vouchers plus £108.37 food/shopping saving

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  • JamoLew
    JamoLew Posts: 1,800 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    They will argue that they have completed the works.
    You are disputing that it has not been done correctly - not that it hasn't been completed
    You need to PROVE that it hasn't been done correctly
    Can see why the advice was free tbh
  • brumbill
    brumbill Posts: 50 Forumite
    Fourth Anniversary 10 Posts
    The free advice was the thirty minutes you are entitled to
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    There's no entitlement ... some solicitors offer it to try and engage new business. Unless you're talking about the Consumer Advice Service?
  • OP do you have any photos of the work you can post, a picture speaks a thousand words and all that. :) 
    In the game of chess you can never let your adversary see your pieces
  • brumbill
    brumbill Posts: 50 Forumite
    Fourth Anniversary 10 Posts
    OP do you have any photos of the work you can post, a picture speaks a thousand words and all that. :) 
    I have tried but an error message
    comes up when I press post!
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 20 August 2020 at 1:36PM
    Alternatively upload them to an image hosting site and then post the link here. (Obfuscate the link if the forum stops you posting it. E.g. remove the http:// and www bits).
  • comeandgo
    comeandgo Posts: 5,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I would imagine if you pay nothing the landscapers will take you to court then it's up to you to prove your complaint is valid.  You will need evidence from experts.  This you will have to pay for.  You have no guarantee you will win.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 20 August 2020 at 1:39PM
    Actually it's up to the claimant to prove their case (on the balance of probabilities), not for the defendant to disprove it. The defendant merely needs to cast sufficient doubt on the claimant's claims.
  • Jumblebumble
    Jumblebumble Posts: 1,996 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 21 August 2020 at 10:36AM
    brumbill said:
    Had Free legal advice today and have been told that we don’t pay them a thing as the contract was for all the works Together and they haven’t met the contract. Apparently need to write to them and give them 14 days to come and fix the problem or we can get someone else to do it and bill them for the work.

    Oh dear...
    Free legal advice?
    Hmm. 

    At this point you havent paid them and so if you are to bill them for remedial work you will have to pay them first? 
    I cannot imagine why any sane person would pay and then try and claim money back but there you go.
    Again if they go bust the OP will be sorry they paid

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