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  • FIRST POST
    • theSNEW
    • By theSNEW 16th May 19, 9:58 AM
    • 8Posts
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    theSNEW
    Tradesman Dispute - ADR?
    • #1
    • 16th May 19, 9:58 AM
    Tradesman Dispute - ADR? 16th May 19 at 9:58 AM
    Can anyone recommend someone who can do ADR arbitration or a suitable ombudsman?

    Iím having a dispute with a tiler who has done a bad job on our bathroom floor. Initially he agreed to redo the job and cover the cost of tiles, then didnít turn up. He then agreed to refund us the full fee and cover the expenses for used materials, then didnít see good on his offer. We now want to pursue further action and have been recommended to use ADR before proceeding to small claims court. Any help would be appreciated!

    Thankyou :-)
Page 1
    • da_rule
    • By da_rule 16th May 19, 12:09 PM
    • 3,204 Posts
    • 2,894 Thanks
    da_rule
    • #2
    • 16th May 19, 12:09 PM
    • #2
    • 16th May 19, 12:09 PM
    ADR is pointless if the other person won’t engage. Has the tiler actually said he’ll consent to ADR?

    If you think you have a claim then send a letter before action and get it started. As part of the process you’re offered mediation.
    • steampowered
    • By steampowered 16th May 19, 1:09 PM
    • 3,202 Posts
    • 3,222 Thanks
    steampowered
    • #3
    • 16th May 19, 1:09 PM
    • #3
    • 16th May 19, 1:09 PM
    I would recommend you go straight to small claims court.

    Much less fuss than the other options. And the only option available if the trader won't co-operate anyway.
    • theSNEW
    • By theSNEW 16th May 19, 2:31 PM
    • 8 Posts
    • 0 Thanks
    theSNEW
    • #4
    • 16th May 19, 2:31 PM
    • #4
    • 16th May 19, 2:31 PM
    Unfortunately he wonít answer the phone to us, even when he said he would retile or refund it was only by text.

    I heard it is necessary to have an independent assessment of the work done in order for small claims to be likely to succeed?

    The other issue is we donít have a confirmed business address for him, it wasnít on his quote or website.. so weíre not sure how to proceed anyway.
    • Greta Sharbo
    • By Greta Sharbo 16th May 19, 4:41 PM
    • 318 Posts
    • 290 Thanks
    Greta Sharbo
    • #5
    • 16th May 19, 4:41 PM
    • #5
    • 16th May 19, 4:41 PM
    An independent assessment may well be necessary. If the trader disputes the work is substandard then the onus is on you to prove it is. Photographs may prove this but not necessarily. Therefore an independent report showing it is substandard is important.

    Without an address court action is difficult - when you say not a 'confirmed' address. Do you mean you have one but unsure if its correct?

    Who is the trader - someone may be able to find the address for you.
    • theSNEW
    • By theSNEW 17th May 19, 11:19 AM
    • 8 Posts
    • 0 Thanks
    theSNEW
    • #6
    • 17th May 19, 11:19 AM
    • #6
    • 17th May 19, 11:19 AM
    Iíve had a look at getting an independent report and it costs £600.. i guess this is claimable if we win but itís a big gamble..

    We have lots of pictures taken from a week after the job was finished, but i do feel like we need some professional opinion of the work done, at least some evidence that is a bit more impartial than us only.

    The other thing iím concerned about is no invoice from the company. We have a quote and plenty of whatsapp texts confirming what days were suitable and tiles, even our complaints etc. But i guess iím worried he could just say he was never there..

    I had some luck regarding the address. It seems it is now on his website. Maybe i missed it before.
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