Rights of consumer

Dewdrops1420

Aylesbury_Duck said:

Children might slip and fall into any number of puddles. Your patio is not dangerous for them. It might not be properly laid, but the puddles on it are not hazardous. If you need to resort to that sort of emotive argument, you'll definitely lose.  Stick to facts about the job, not made-up stuff like that.

So what do you say we should tell inorder to get this fixed ? 

It’s clear that job is not according to the rules set out by consumer rights act 2015z Reasonable care and skill are not used to complete the job plus the alignment of slabs are wrong on the sides which I guess is one of the reasons of the puddle.

oldernonethewiser

Dewdrops1420 said:

MikeJXE said:

It's sad to say if you are going to fight with these people instead of trying to reason with them, then you are on a hiding to nothing.

Whatever was said at the start and the quote is your word against theirs, matching slabs can mean anything. Paying for any work up front is a big no no, any advance payment should only relate to materials on site 

I did say in my previous post the chosen slabs surfaces are inclined to hold water and difficult to drain, therefore need a greater fall that you haven't got. 

You have already been advised going to court is a slim to zero chance of winning and very costly, the results even if you win doesn't mean you will get paid.

IMO you would be best to listen to the advice in previous posts and put it down to bad luck, moving on to another landscaper may not solve the problem and you may well be out of pocket by another couple of thousand, a guarantee on groundwork's won't be worth the paper it's written on. 

Your choice, good luck 

So you are saying I should leave it and let the water puddle and I have young children who might slip and fall down also.
They said advance is to buy matierals but we found that it was the actual cost for the full work any other honest landscaper would have taken. Citizens advise said we have to pay the full amount if we need to fight our case to fix our issues or refund else the trader can sue us in court even if it’s an exorbitant amount.
We saw many posts in google where landscapers were being fined heavily by the court for similar cases so we are expecting that they will try to mediate atleast when they know we are serious about it. We can always expose them in social media and other market places also and I’m very good in following it up for the next ten years and will make sure that they will need to leave this area for further business.
There are cases where trading standards have initiated case against such people on court.
But you are saying they won’t fix or refund even after court says so. we would like to see where this is leading to and not feel like considering this as bad luck and fix it by our hard earned money. They have already taken 2000£ extra from us so it shouldn’t be a problem at all and citizens advice has assured me with all the steps.

I will post the end result here even if you hear from me after many months.
We have enough brain to not spend exorbitant money again but I will make sure that the landscapers face utter inconvenience just like how they have fooled us.

You might find that backfires. 

oldernonethewiser

Dewdrops1420 said:

theonlywayisup said:

I have left clear of this thread as it appears you don't really understand how our Court system works.

IF you win.  that is a big IF.  Then you have to RECOVER the funds.   I will be honest and say that the chance of you recovering that is negligible at best.  Please don't go down that route - certainly not with what you have presented so far. 

Put this down to experience.  You have been hard-done by and you should tread carefully with another contractor. 

Get some quotes and come back here to see what people think. 

I got the new quote as 2500£ to get this issue fixed with new slabs

What, exactly, does the £2500 cover?

Aylesbury_Duck

Dewdrops1420 said:

Aylesbury_Duck said:

Children might slip and fall into any number of puddles. Your patio is not dangerous for them. It might not be properly laid, but the puddles on it are not hazardous. If you need to resort to that sort of emotive argument, you'll definitely lose. Stick to facts about the job, not made-up stuff like that.

So what do you say we should tell inorder to get this fixed ? 

It’s clear that job is not according to the rules set out by consumer rights act 2015z Reasonable care and skill are not used to complete the job plus the alignment of slabs are wrong on the sides which I guess is one of the reasons of the puddle.

You do as advised by others on this thread. Get a proper written assessment of the job by the second landscaper, setting out exactly what's wrong and what's needed to put it right. Then you write a letter to the first tradesman setting out your expectations for it to be corrected, and that if they don't do so, you will employ someone else to make the corrections at a cost of £xxxx and take him to court for the sum. He'll either ignore it or come and fix it. If he ignores it, you'll have to get it fixed by someone else and decide whether to take him to court for the cost. If you do, you have to hope that the judge agrees with the second tradesman's assessment and if he does, you then have to hope that the first trader has the means to pay you, and chooses to do so.

Dewdrops1420

Aylesbury_Duck said:

Dewdrops1420 said:

Aylesbury_Duck said:

Children might slip and fall into any number of puddles. Your patio is not dangerous for them. It might not be properly laid, but the puddles on it are not hazardous. If you need to resort to that sort of emotive argument, you'll definitely lose. Stick to facts about the job, not made-up stuff like that.

So what do you say we should tell inorder to get this fixed ? 

It’s clear that job is not according to the rules set out by consumer rights act 2015z Reasonable care and skill are not used to complete the job plus the alignment of slabs are wrong on the sides which I guess is one of the reasons of the puddle.

You do as advised by others on this thread. Get a proper written assessment of the job by the second landscaper, setting out exactly what's wrong and what's needed to put it right. Then you write a letter to the first tradesman setting out your expectations for it to be corrected, and that if they don't do so, you will employ someone else to make the corrections at a cost of £xxxx and take him to court for the sum. He'll either ignore it or come and fix it. If he ignores it, you'll have to get it fixed by someone else and decide whether to take him to court for the cost. If you do, you have to hope that the judge agrees with the second tradesman's assessment and if he does, you then have to hope that the first trader has the means to pay you, and chooses to do so.

So in short, trader has upper hand here?
I may or may not get it fixed or refund 😳

sheramber

You did not have to accept his price. You could have got rwo or three  quotes for the job.

I had a patio laid last year . One quote was £10,000. The second quote was £1500.

Guess which one I chose?

Dewdrops1420

sheramber said:

You did not have to accept his price. You could have got rwo or three  quotes for the job.

I had a patio laid last year . One quote was £10,000. The second quote was £1500.

Guess which one I chose?

Yes but I didn’t get any other landscapers..many will say yes and never turn up to see the garden and many will say they don’t have availability.
These people come within seconds of our call and found few reviews as well so we thought fine. Many people advised us to go to Indian Punjabi landscapers as they charge less and not English but such Punjabi’s never existed in this area.

We thought by spring kids should be able to use the garden well so we need to fix this ASAP.

Dewdrops1420

Also they initially said 5200 and reduced layer understood its business tactics as they will double the price and when we ask for discount they will reduce 1000£. But for rest of the work they again said 5000£ and then we got doubt and now got it done by 1900£

Aylesbury_Duck

No, and yes. No, we don't know who has the upper hand, and yes, you may or may not get it fixed or a refund.

What answer are you looking for? That you have a cast-iron case that is certain to lead to a refund and/or a fix? No one can provide that assurance, and even if I did so now, it would be meaningless words on a forum. You must decide whether you want to pursue it or not, and if you do, whether to follow the advice given.  

eskbanker

sheramber said:

You did not have to accept his price. You could have got rwo or three  quotes for the job.

I had a patio laid last year . One quote was £10,000. The second quote was £1500.

Guess which one I chose?

Often dangerous to equate cheapest with best, if that's what you're implying!  Obviously you know the rest of the story, but faced with two such divergent quotes, I'd assume that the cheaper one was underpricing the job, with potential implications for quality of workmanship and/or materials - having said that, as OP has found, paying top dollar is no guarantee of a good job either though....