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Rights of consumer

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  • Undervalued
    Undervalued Posts: 9,614 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    saajan_12 said:
    Agree with flossymcfly except for 1 small point. Still most of this thread is now irrelevant. 

    True, apologies, I had purely meant the other landscaper giving his opinion, not a detailed report from several corroborating the reasons for the water pooling, that would be looked at differently of course. 

    I'm sure we have all been in the position where a tradesman has sucked air through his teeth and told us something needs ripped out and redone when in reality it's a simple fix, this is purely the reason why a court would disregard someone telling you what they think is wrong without putting it in writing and putting their name to it to be used in evidence.
    Which is why, as I pointed out a page or two back, it is preferable if the "expert" opinion come from somebody who is not quoting to carry out the work.
  • Dewdrops1420
    Dewdrops1420 Posts: 124 Forumite
    100 Posts First Anniversary Name Dropper
    Ok understood! But few points I don’t understand are:

    1. If this is a simple fix then y don’t the original people who carried out the work is not responding to us for the last three months? 
    2. They usually put their work in fbpage within a day and in our case , they didn’t do it even though we contacted them five days later about the issue which clearly means they knew how they messed up.
    3. Does the court not be considerate to us after seeing our video of water puddling and an expert opinion? Will they not question the gardener abt the mismatching slabs and water puddles after charging exorbitant rate to us when we are presenting two quotes 2500£ each for rework? 
    4. Are there not any standard rates? Around six gardeners visited my place and all of them unanimously mentioned 2500£ though only two in writing. How’s that possible?Of course those people were not friends and didn’t know the matter previously 
    5. No leverage for our ignorance as we are foreign citizens?
    6. How trader can easily get away and we consumer has to suffer for just trusting them?

    Can I complain to local MP about this issue?
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 June 2023 at 10:56PM
    Ok understood! But few points I don’t understand are:

    1. If this is a simple fix then y don’t the original people who carried out the work is not responding to us for the last three months? 
    2. They usually put their work in fbpage within a day and in our case , they didn’t do it even though we contacted them five days later about the issue which clearly means they knew how they messed up.
    3. Does the court not be considerate to us after seeing our video of water puddling and an expert opinion? Will they not question the gardener abt the mismatching slabs and water puddles after charging exorbitant rate to us when we are presenting two quotes 2500£ each for rework? 
    4. Are there not any standard rates? Around six gardeners visited my place and all of them unanimously mentioned 2500£ though only two in writing. How’s that possible?Of course those people were not friends and didn’t know the matter previously 
    5. No leverage for our ignorance as we are foreign citizens?
    6. How trader can easily get away and we consumer has to suffer for just trusting them?

    Can I complain to local MP about this issue?
    1. I don't know, but perhaps they're just fed up with contact from you and don't think there's actually a problem.
    2. No, it doesn't. You're jumping to conclusions again.
    3. The court is considerate to both sides.  You need to read about how the court works.  And I thought you didn't want to go to court because of the fee, anyway.
    4. No.  Rates vary because it's an open market.
    5. No.  The court treats all cases equally.
    6. There are always two sides to every story.  We've only heard yours.
    7. Yes, but it won't help.
  • Dewdrops1420
    Dewdrops1420 Posts: 124 Forumite
    100 Posts First Anniversary Name Dropper
    Ok anyways we decided to goto the court after getting the expert report. We can’t leave this issue without getting a fix as even a tiny rain is puddling the patio and it’s affecting the fence shared with neighbour. We can’t even water the plants freely . If little bit water gets in patio it will remain there forever until we manually clear it off.
  • flossymcfly
    flossymcfly Posts: 75 Forumite
    Second Anniversary 10 Posts Name Dropper
    Ok understood! But few points I don’t understand are:

    1. If this is a simple fix then y don’t the original people who carried out the work is not responding to us for the last three months? That's a question only they can answer, as Aylesbury Duck has pointed out, maybe they are fed up with the way you are contacting them and not listening to them
    2. They usually put their work in fbpage within a day and in our case , they didn’t do it even though we contacted them five days later about the issue which clearly means they knew how they messed up. You have no way of knowing this, you see some updates of pictures, unless you follow them from job to job this is irrelevant as it could be completely false
    3. Does the court not be considerate to us after seeing our video of water puddling and an expert opinion? Will they not question the gardener abt the mismatching slabs and water puddles after charging exorbitant rate to us when we are presenting two quotes 2500£ each for rework? The cost for rework will never be the same as the cost for the original work unless it has to be completely ripped out and started again, if there is any work that can be salvaged then it will make the quote cheaper. The whole point of court is so that both sides get to have their say so the gardener may be able to challenge every one of your issues in court and give an explanation
    4. Are there not any standard rates? Around six gardeners visited my place and all of them unanimously mentioned 2500£ though only two in writing. How’s that possible?Of course those people were not friends and didn’t know the matter previously Nope, tradesmen can quote what they want, it's up to you whether you want to engage them or not
    5. No leverage for our ignorance as we are foreign citizens? No and ridiculous to suggest so
    6. How trader can easily get away and we consumer has to suffer for just trusting them? Due diligence - it's on you as the consumer to do proper research before employing someone

    Can I complain to local MP about this issue? If you like but I can only imagine their response
    If the water is not clearing despite this nice weather we have had recently, this suggests that there is a leak somewhere rather than water pooling. The heat recently should be enough to dry the slabs and the fact you are mentioning the neighbours fence suggests that something has gone wrong along the fence line. Again, this is something a proper report would show up
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 15,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ok anyways we decided to goto the court after getting the expert report. We can’t leave this issue without getting a fix as even a tiny rain is puddling the patio and it’s affecting the fence shared with neighbour. We can’t even water the plants freely . If little bit water gets in patio it will remain there forever until we manually clear it off.
    If that's genuinely the case, you have a leak somewhere.  We're into a relatively warm period, people are hanging out damp laundry which is dry in a day, and having to water plants because rainfall has been limited in much of England recently.  If water isn't disappearing from your patio at all, you have a leak.

    Or you're exaggerating.
  • Dewdrops1420
    Dewdrops1420 Posts: 124 Forumite
    100 Posts First Anniversary Name Dropper
    Ok anyways we decided to goto the court after getting the expert report. We can’t leave this issue without getting a fix as even a tiny rain is puddling the patio and it’s affecting the fence shared with neighbour. We can’t even water the plants freely . If little bit water gets in patio it will remain there forever until we manually clear it off.
    If that's genuinely the case, you have a leak somewhere.  We're into a relatively warm period, people are hanging out damp laundry which is dry in a day, and having to water plants because rainfall has been limited in much of England recently.  If water isn't disappearing from your patio at all, you have a leak.

    Or you're exaggerating.
    Water isn’t disappearing at all. This issue we never had before until the new patio is laid upon. There is misalignment in slabs which is not sloping away and causing water to clog. Now weeds have started growing in the misaligned slabs. That’s the truth. 
  • Dewdrops1420
    Dewdrops1420 Posts: 124 Forumite
    100 Posts First Anniversary Name Dropper
    They haven’t even come to inspect the area after we informed them. How will they get fed up ?what’s there to listen to them? @ flosscfly They didn’t even respond to any of our emails. 
    All we want now is either fix this issue or get refund to employ another landscaper to fix this before autumn.
    Citizens advise gave us all information on how to proceed 

    so we will get the report and goto court.

    anyways thanks!! Let’s stop this conversation.


  • Dewdrops1420
    Dewdrops1420 Posts: 124 Forumite
    100 Posts First Anniversary Name Dropper

    Weeds around the slabs..such situation not in any slabs laid by our builder.
  • GingerTim
    GingerTim Posts: 2,630 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Let us know how you get on with the case.
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