Rights of consumer

Aylesbury_Duck

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

Dewdrops1420

Aylesbury_Duck said:

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

Undervalued

Dewdrops1420 said:

Aylesbury_Duck said:

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

No, it doesn't work like that.

You would need to get a report from an independent expert about what is wrong and what needs to be done to fix it. The cost of the report will be added to your claim if you win but that does of course increase your risk should you lose (or if you win but can't enforce the judgement).

At county court level it is normal just to have one expert report, not ones commissioned by both sided. So it needs to be from somebody who is clearly expert and impartial - i.e not a mate of yours!

the_lunatic_is_in_my_head

Dewdrops1420 said:

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

That should be the value of your claim (+ the court costs) OP rather than the amount you originally paid.

I can only echo the good advice from Aylesbury_Duck, you may well win the court claim, the question is seeing the money. If you contracted with an LTD and it folds then there's zero chance of getting the money.

If there were a sole trader or partnership then there's personal liability but they still need assets, if the house is rented and the cars on finance there's little chance of them having enough stuff to cover the debt.

That said high court enforcement typically don't want to take stuff away, they hope the threat of it will force the money to be paid.

You need to make a personal decision as to whether you wish to gamble £255+ (as well as being able to present your claim correct), none of us can answer that for you really  

Dewdrops1420

Undervalued said:

Dewdrops1420 said:

Aylesbury_Duck said:

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

No, it doesn't work like that.

You would need to get a report from an independent expert about what is wrong and what needs to be done to fix it. The cost of the report will be added to your claim if you win but that does of course increase your risk should you lose (or if you win but can't enforce the judgement).

At county court level it is normal just to have one expert report, not ones commissioned by both sided. So it needs to be from somebody who is clearly expert and impartial - i.e not a mate of yours!

I have the report from two different landscapers . Is that not enough? 

DE_612183

Dewdrops1420 said:

Aylesbury_Duck said:

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

No, the court will rely of photographs and you could get an independent expert report - but you'd have to pay for that - you can of course try and claim all these expenses back from the company IF you win

powerful_Rogue

Dewdrops1420 said:

Undervalued said:

Dewdrops1420 said:

Aylesbury_Duck said:

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

No, it doesn't work like that.

You would need to get a report from an independent expert about what is wrong and what needs to be done to fix it. The cost of the report will be added to your claim if you win but that does of course increase your risk should you lose (or if you win but can't enforce the judgement).

At county court level it is normal just to have one expert report, not ones commissioned by both sided. So it needs to be from somebody who is clearly expert and impartial - i.e not a mate of yours!

I have the report from two different landscapers . Is that not enough? 

What do the reports say?

Aylesbury_Duck

Dewdrops1420 said:

Undervalued said:

Dewdrops1420 said:

Aylesbury_Duck said:

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

No, it doesn't work like that.

You would need to get a report from an independent expert about what is wrong and what needs to be done to fix it. The cost of the report will be added to your claim if you win but that does of course increase your risk should you lose (or if you win but can't enforce the judgement).

At county court level it is normal just to have one expert report, not ones commissioned by both sided. So it needs to be from somebody who is clearly expert and impartial - i.e not a mate of yours!

I have the report from two different landscapers . Is that not enough? 

Without seeing them, no one will know.  What do they say?  Ideally you want one (or both) of them to state what is actually wrong, why it is wrong and what it will cost to put it right.  It sounds like you may have something like that because you've got a figure of £2,500 from somewhere.  As the_lunatic says, you can't present an independent expert's report saying it will cost £2,500 to put right and then try and claim £4,080!

Anyhow, that's moot if you don't want to spend money on a court claim.

Dewdrops1420

powerful_Rogue said:

Dewdrops1420 said:

Undervalued said:

Dewdrops1420 said:

Aylesbury_Duck said:

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

No, it doesn't work like that.

You would need to get a report from an independent expert about what is wrong and what needs to be done to fix it. The cost of the report will be added to your claim if you win but that does of course increase your risk should you lose (or if you win but can't enforce the judgement).

At county court level it is normal just to have one expert report, not ones commissioned by both sided. So it needs to be from somebody who is clearly expert and impartial - i.e not a mate of yours!

I have the report from two different landscapers . Is that not enough? 

What do the reports say?

The report mentions how the current patio will have problems as it has no proper drainage in place which is resulting in puddles on the back patio and the sides . How this issue can be rectified?

Undervalued

Dewdrops1420 said:

Undervalued said:

Dewdrops1420 said:

Aylesbury_Duck said:

Dewdrops1420 said:

Is there any way to claim money or complain free of cost as I don’t want to lose 205£ over this but at the same time don’t want to leave them free as they have messed up my patio? They living in council home is like a blow to us as we were really going forward with the court case.

Claiming money can now only be done by small claims action, because you've exhausted all other options.  It's not possible to pursue court action without cost.

Complaining is free of charge, but it sounds like you've already done that on their facebook page.  There is no other body or ombudsman you can complain to.

Based on everything you've told us, the pragmatic way forward is to write the money off and move on.  You don't appear to have a strong case in the first instance, the company refuses to engage with you, you don't want to spend money on court action and your detective work suggests it's unlikely they'd pay up even if you were to win the case (which looks far from certain).

If you need to pursue court action to satisfy yourself of having tried everything, then do so, but temper your expectations of a positive outcome.

I need 2500£ to fix this patio and I don’t have any money left and I’m worried what will happen and how to deal the puddling patio once the weather becomes rainy and cold. Here people are not accepting that my patio is pudding from the photos so I’m wondering will the court send anyone to my home to confirm if they cannot ascertain from the photos?

No, it doesn't work like that.

You would need to get a report from an independent expert about what is wrong and what needs to be done to fix it. The cost of the report will be added to your claim if you win but that does of course increase your risk should you lose (or if you win but can't enforce the judgement).

At county court level it is normal just to have one expert report, not ones commissioned by both sided. So it needs to be from somebody who is clearly expert and impartial - i.e not a mate of yours!

I have the report from two different landscapers . Is that not enough? 

That possibly is sufficient. However if they were simply quoting to do the work the other side might try and argue that they were not impartial.