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Bad workmanship taking a company to court!

hi all,

The company in question is still trading, I wish to claim compensation for bad workmanship.

I am confident in winning as I have had an independent business look at the work, they state it's a mess and not very professional.

I have photos, emails, the original quote for the works. I went on gov.uk for advise but find it confusing. I wish to claim against the company owners for bad workmanship as after lots of emails both ways they now refuse to rectify the problem!

Would this be the claims court?

I don't wish to hire a solicitor as this will add to the costs.

Any advise much appreciated.
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Comments

  • Olinda99
    Olinda99 Posts: 2,042 Forumite
    1,000 Posts Third Anniversary Name Dropper
    small claims court - the judge will make a decision 
  • Alderbank
    Alderbank Posts: 4,328 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    Have you paid anything?
  • user1977
    user1977 Posts: 19,461 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    If it's a company then your claim is against the company, not "the company owners".
  • TELLIT01
    TELLIT01 Posts: 18,604 Forumite
    Part of the Furniture 10,000 Posts Name Dropper PPI Party Pooper
    Have you given the original company the opportunity to correct the faults and, if so, what has been their response?
  • deannagone
    deannagone Posts: 1,114 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    As the OP says "I wish to claim against the company owners for bad workmanship as after lots of emails both ways they now refuse to rectify the problem!"
  • Undervalued
    Undervalued Posts: 9,877 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 7 June 2022 at 9:30AM
    As the OP says "I wish to claim against the company owners for bad workmanship as after lots of emails both ways they now refuse to rectify the problem!"
    Yes but it is a bit vague.

    The normal expectation (in all but the most unusual circumstances) is that the firm is given one opportunity to correct the problems.

    The OP would be wise to ensure he has evidence that he has specifically asked for this to happen and warned that if the firm refuse he will engage a reputable contractor to carry out the remedial work. He should make clear that he will look to the original firm meet the full cost of this work.

    If he goes to court without having the work done it might weaken his case, as it may suggest that the alleged defects are not as serious as is claimed.

    Has the "independent business" who looked at the work written a report stating "it's a mess and not very professional." If they are looking for the work themselves than that may devalue their "independent" opinion.

    In what way is it "a 
    mess and not very professional"? Is this just cosmetic or is it not functional and / or dangerous?
  • ged600
    ged600 Posts: 14 Forumite
    Ninth Anniversary Photogenic First Post Combo Breaker
    As the OP says "I wish to claim against the company owners for bad workmanship as after lots of emails both ways they now refuse to rectify the problem!"
    Yes but it is a bit vague.

    The normal expectation (in all but the most unusual circumstances) is that the firm is given one opportunity to correct the problems.

    The OP would be wise to ensure he has evidence that he has specifically asked for this to happen and warned that if the firm refuse he will engage a reputable contractor to carry out the remedial work. He should make clear that he will look to the original firm meet the full cost of this work.

    If he goes to court without having the work done it might weaken his case, as it may suggest that the alleged defects are not as serious as is claimed.

    Has the "independent business" who looked at the work written a report stating "it's a mess and not very professional." If they are looking for the work themselves than that may devalue their "independent" opinion.

    In what way is it "a mess and not very professional"? Is this just cosmetic or is it not functional and / or dangerous?
    I have given the company the opportunity to return and re do the work. After the final email titled “this is what we propose to do” contradictory comments they end the email with we refuse to do the work!
    I got an quote from another independent company who were willing to do the work properly, I gave the quote to the original company to see if they were willing to follow the quote themselves at their cost, they refused! I have an original quote which was not followed, photos before and after plus all emails. Apparently small claims courts as they were known are always on the side of the consumer, according to a solicitor I know of!
  • ged600
    ged600 Posts: 14 Forumite
    Ninth Anniversary Photogenic First Post Combo Breaker
    Alderbank said:
    Have you paid anything?
    Yes paid in full but the shoddy work was noticed till after as it is outside drainage work which was not checked by me until I climbed up to clean the roof!
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    ged600 said:
    As the OP says "I wish to claim against the company owners for bad workmanship as after lots of emails both ways they now refuse to rectify the problem!"
    Yes but it is a bit vague.

    The normal expectation (in all but the most unusual circumstances) is that the firm is given one opportunity to correct the problems.

    The OP would be wise to ensure he has evidence that he has specifically asked for this to happen and warned that if the firm refuse he will engage a reputable contractor to carry out the remedial work. He should make clear that he will look to the original firm meet the full cost of this work.

    If he goes to court without having the work done it might weaken his case, as it may suggest that the alleged defects are not as serious as is claimed.

    Has the "independent business" who looked at the work written a report stating "it's a mess and not very professional." If they are looking for the work themselves than that may devalue their "independent" opinion.

    In what way is it "a mess and not very professional"? Is this just cosmetic or is it not functional and / or dangerous?
    I have given the company the opportunity to return and re do the work. After the final email titled “this is what we propose to do” contradictory comments they end the email with we refuse to do the work!
    I got an quote from another independent company who were willing to do the work properly, I gave the quote to the original company to see if they were willing to follow the quote themselves at their cost, they refused! I have an original quote which was not followed, photos before and after plus all emails. Apparently small claims courts as they were known are always on the side of the consumer, according to a solicitor I know of!
    Yep, just go through Money Claim Online to launch a claim. 
    The courts are fairly impartial - they side with who is right, not the consumer. I supported an ex-employer with the paperwork side of small claims issued against us, as we won a good chunk of them. 
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