Rights of consumer

theonlywayisup

Dewdrops1420 said:

theonlywayisup said:

Dewdrops1420 said:

theonlywayisup said:

Dewdrops1420 said:

“We have just carried out a landscaping project for a consumer which has not gone to plan, leaving us in a situation where we cannot even put it back to what it was. The consumer wants a full refund, but whilst we agree that the result is not what was contracted for, we don’t think it is as bad as the consumer is making out. What would be a reasonable resolution for the consumer in these circumstances?”

Try searching with this as the other one is different article. This site won’t allow me to paste it.

I don't see anything in that article that will help you. Even if it did you don't seem to understand our legal process.  You will not win and get your money back, it doesn't work like that. 

If I am honest, your responses are a bit like pulling teeth.  Good luck with whatever you decide.  You are going to need it. 

So what you are suggesting I should keep quiet and not even try going behind that cheater landscaper? 

Many of the responses are like that here which makes me wonder if landscapers association is writing replies. 

That is twice now you have suggested that I am telling you to keep quiet.

You aren't reading my responses, or if you are, you are not understanding them.

Of course, I may be a landscaper - I am currently doing my own patio as it happens - does that make me biased?

If this were me (and it wouldn't be as I would not have engaged the person you engaged) then I would be attempting some free damage limitation.  I would gather my evidence as to what was contracted and what was delivered.  I would add a comprehensive list as to how much it would cost to rectify the current situation and I would include at least two quotes showing the cost of this works.  I would send this to the first landscaper with a requirement that I would like him to come back and rectify initially and if he failed I would engage one of the quoted landscapers and pursue him for the cost.  Depending on his response I would likely send him an LBA.  BUT I am wise enough to know that it I would not be taking it any further.  I would hope that he doesn't know that. 

Ok thanks!

but what u mean by LBA?

You were given a full explanation as to what to do on page 9 and page 10 by 

Aylesbury_Duck

and

the_lunatic_is_in_my_head

tightauldgit

Dewdrops1420 said:

oldernonethewiser said:

Dewdrops1420 said:

Can bailiffs not recover money from them incase they never fix our issue and court ask them to pay the refund?

The court may find against a company but if, as already mentioned by others, that company ceases to trade then there can be no money to seize.

So should I complain against the people involved than the company? 

No, because the very reason for being a Ltd company is to protect the individuals involved from any liabilities of the business. Your contract was (presumably) with the company and therefore any action taken would have to be against the company.

Dewdrops1420

tightauldgit said:

Dewdrops1420 said:

Can bailiffs not recover money from them incase they never fix our issue and court ask them to pay the refund?

Bailiffs can certainly make efforts to recover the money but they cannot take what the business doesn't have. Not to mention that if the business folds then there's nothing to enforce the debt against. 

It's incredibly easy for Smith's Landscapers Ltd to cease trading and the same people to open up tomorrow as Cowboy Builders Ltd (Trading as Smith Landscapers). 

That's not to say you shouldn't try, it's simply saying that you need to weigh up the risk. A first step would be to download the company's accounts and see if they have assets to cover the debt, if not then you are probably not going to be able to enforce anything. I believe you said they haven't filed accounts though, which would also lead me to think that they don't intend to keep this Ltd company trading in the long term and wouldn't think twice about striking it off and re-opening. 

Certainly you can and should send a letter before action to the landscaper - although if he's really as incompetent as you say, do you actually want him to lift the patio and relay it to fix the problem? Because that's the legal remedy you are entitled to.  

Even we wish that they give the money to ox the issue as we also feel that they don’t know how to fix this.
The last response from them was work was completed to full satisfaction of the client though we never told them verbally or in writing that we are satisfied 

tightauldgit

Dewdrops1420 said:

tightauldgit said:

Dewdrops1420 said:

Can bailiffs not recover money from them incase they never fix our issue and court ask them to pay the refund?

Bailiffs can certainly make efforts to recover the money but they cannot take what the business doesn't have. Not to mention that if the business folds then there's nothing to enforce the debt against. 

It's incredibly easy for Smith's Landscapers Ltd to cease trading and the same people to open up tomorrow as Cowboy Builders Ltd (Trading as Smith Landscapers). 

That's not to say you shouldn't try, it's simply saying that you need to weigh up the risk. A first step would be to download the company's accounts and see if they have assets to cover the debt, if not then you are probably not going to be able to enforce anything. I believe you said they haven't filed accounts though, which would also lead me to think that they don't intend to keep this Ltd company trading in the long term and wouldn't think twice about striking it off and re-opening. 

Certainly you can and should send a letter before action to the landscaper - although if he's really as incompetent as you say, do you actually want him to lift the patio and relay it to fix the problem? Because that's the legal remedy you are entitled to.  

Even we wish that they give the money to ox the issue as we also feel that they don’t know how to fix this.
The last response from them was work was completed to full satisfaction of the client though we never told them verbally or in writing that we are satisfied 

Well yes of course they will claim the work was completed to specification. Did you say anything at the time of the job before they left to indicate you weren't happy with it? They would probably claim that you were happy with the work when they left. Of course you would argue that the faults only became apparent after some time, but that's harder to claim for the colour of the slabs i suppose. 

But what I am saying is that if you go to court and win, then the resolution may be that the landscaper has to fix the work - he's entitled to have a go at that before he has to refund you - would you want him doing that? 

Dewdrops1420

tightauldgit said:

Dewdrops1420 said:

tightauldgit said:

Dewdrops1420 said:

Can bailiffs not recover money from them incase they never fix our issue and court ask them to pay the refund?

Bailiffs can certainly make efforts to recover the money but they cannot take what the business doesn't have. Not to mention that if the business folds then there's nothing to enforce the debt against. 

It's incredibly easy for Smith's Landscapers Ltd to cease trading and the same people to open up tomorrow as Cowboy Builders Ltd (Trading as Smith Landscapers). 

That's not to say you shouldn't try, it's simply saying that you need to weigh up the risk. A first step would be to download the company's accounts and see if they have assets to cover the debt, if not then you are probably not going to be able to enforce anything. I believe you said they haven't filed accounts though, which would also lead me to think that they don't intend to keep this Ltd company trading in the long term and wouldn't think twice about striking it off and re-opening. 

Certainly you can and should send a letter before action to the landscaper - although if he's really as incompetent as you say, do you actually want him to lift the patio and relay it to fix the problem? Because that's the legal remedy you are entitled to.  

Even we wish that they give the money to ox the issue as we also feel that they don’t know how to fix this.
The last response from them was work was completed to full satisfaction of the client though we never told them verbally or in writing that we are satisfied 

Well yes of course they will claim the work was completed to specification. Did you say anything at the time of the job before they left to indicate you weren't happy with it? They would probably claim that you were happy with the work when they left. Of course you would argue that the faults only became apparent after some time, but that's harder to claim for the colour of the slabs i suppose. 

But what I am saying is that if you go to court and win, then the resolution may be that the landscaper has to fix the work - he's entitled to have a go at that before he has to refund you - would you want him doing that? 

But we can’t accept that we would spend 6500£ plus for this work atleast some refund if they can’t fix this .

Aylesbury_Duck

Where does £6500 come from? You won't be paying the original contractor to redo the work.

Honestly, your understanding seems to be confused. Have a read of the whole thread again, the correct course of action has been advised several times now.

Dewdrops1420

Aylesbury_Duck said:

Where does £6500 come from? You won't be paying the original contractor to redo the work.

Honestly, your understanding seems to be confused. Have a read of the whole thread again, the correct course of action has been advised several times now.

I understood what needs to be done. What I’m saying is overall to get this fixed would be 2500£ plus I already lost £4080.
So I don’t feel like leaving the old landscapers without giving them some stress on this issue.

I will post once I get an update or no update at all.

Aylesbury_Duck

Oh, I see.

Just to be clear, though. You haven't lost £4,080.  You've paid £4,080 for a patio, and you have a patio.  You also have an opinion (and at this stage, it's only an opinion from a second tradesman, without any proper detail) that £2,500 is needed to put it right.

The only way you would have lost £4,080 is if you'd paid that and the trader had disappeared with it and not done any work.

Dewdrops1420

Aylesbury_Duck said:

Oh, I see.

Just to be clear, though. You haven't lost £4,080.  You've paid £4,080 for a patio, and you have a patio.  You also have an opinion (and at this stage, it's only an opinion from a second tradesman, without any proper detail) that £2,500 is needed to put it right.

The only way you would have lost £4,080 is if you'd paid that and the trader had disappeared with it and not done any work.

But if I need to spend money again on the same patio then I lost £4080 from my account as the patio has to be reworked.

born_again

Dewdrops1420 said:

Aylesbury_Duck said:

Oh, I see.

Just to be clear, though. You haven't lost £4,080.  You've paid £4,080 for a patio, and you have a patio.  You also have an opinion (and at this stage, it's only an opinion from a second tradesman, without any proper detail) that £2,500 is needed to put it right.

The only way you would have lost £4,080 is if you'd paid that and the trader had disappeared with it and not done any work.

But if I need to spend money again on the same patio then I lost £4080 from my account as the patio has to be reworked.

Clean the edges out from Pic 3 & a lot of the water will drain away.