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Jach

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Posts posted by Jach

  1. Also meant to add the daughter wants receipts for all items required to complete the job i.e receipts of purchases made by son in law for turf etc, surely she realises this will not take into account labour costs? Plus it took this woman 4 months after the job had been completed to decide she didn't really like the 35mm turf she had decided upon! At the point of completion she stated she was happy with the job and paid by cheque. I am 100% behind consumer rights ( hence me being aware of this forum,) but surely her wrong choice doesn't mean the work man should be penalised and potentially suffer detriment to their business?

  2. to deal with the receipt, tht is the easy part. No it isnt against the law to give a receipt but it is a very good idea to do so. You send a receipt stating the work done so it will read something like-

    for laying x sq m of 35mm artificial turf as specified by customer on (date), groundworks as required to install the above.

    Total £xxx received on (date) by cash/cheque with thanks.

    Now the tricky bit.

    As the job was to the customers specification rather then being asked for advice on what to do and then agreeing with the suggestions given the customer doesnt have a leg to stand on if the materials used are fit for purpose and the work properly executed. How does one determine that she asked for the longer turf and that no advice was sought about suitability? this is the sticky bit for your son in law so the voicemail becomes the focal point of whether there is a cause of action by the customer. Copy the voicemail on to another device so there is a back-up and then S-I-L should write another letter to the customer (Do not correspond with anyone else without a proper written and signed consent so dont bother writing to daughter even to say you arent going to write to her) stating the facts and say that it is denied that there is ay fault with the materials or workmanship and therefore he will not be replacing it. No negotiation on relaying it or offering to do it a second time for a lower charge, make it clear that she chose the materials and that the work was completed to her instructions and that no problems mentioned at the time. No such thing as a cancellation policy for work started or completed to customers specifications.

     

    The liklihood of any court action is very low, it is a case of buyers remorse and they want a new one for free because she feels guilty about choosing the wrong material. Tough. too late to ask S-I-L for favours after that performance. A demand to respond in a certain time frame only means something if the demand is part of the procedure for taking legal action. If this was the case the letter should state that as well so the phrase is meaningless.

     

    Many thanks for your informative reply and for taking the time to respond, very much appreciated. The voice mail referred to expired , thus unfortunately did get 'deleted' from mobile :( At the time this all began I did advise son in law NOT to lose the voice mail,however, he didn't realise that it would expire. The daughter is now requesting to know if son in law a member of any Trade Association and the name of it. So unfair if she is attempting to impair his reputation as he has had no previous complaints, in fact quite the opposite.

    I also suggested writing directly to the mother rather than her daughter however, she states her mother is too distressed to deal with it!!!

  3. Sorry HB you are correct it is the same problem. Forgot I had previously requested help with this. Just reading through advice offered. Unfortunately the damning voice mail expired and my son in law no longer has it. I understand this was crucial to any defence but I understand there is no way to retrieve expired rather than deleted voice mails :(

  4. Unsure if this post is in the correct place, hopefully admin will help if not. My son in law has been accused of poor work by a customer. In short... He completed laying of artificial grass on the customers front lawn, this she was satisfied with and requsted the same for rear garden, however decided she wanted 35mm turf. This was completed to her satisfaction , however, a few days later she called my son in law and said she was not happy with her decision to have the longer turf, she apologised for this and stated she realised it was her own fault. My son in law offered to redo the work, at customers cost, using the shorter turf she had in her front garden, Subsequently her daughter has written stating the work was not up to standard, a receipt had not been provided, ( one was offered and refused,) plus threatening legal action. Any ideas how we may proceed in this, I am compiling a letter for my son in law to refute all claims but wondered how he stood legally? My son in law is a small businessman, by no means wealthy, this is not a large business!! He is a self employed landscaper, has had no previous complaints and is extremely distressed by this matter. He has a young family of 3, a mortgage and cannot afford legal fees nor loss of business. Many thanks in advance for any help or advice in this matter.

  5. Many thanks for your prompt replies and advice. Thus far my son in law has remained both professional and polite whilst dealing with this customer but is becoming increasingly anxious and concerned about the whole situation. I am putting together a letter for him to send, (her daughter sent him an e mail demanding he correspond with only herself as her mother is so upset by the whole thing,) thus all correspondence will now be sent to the daughter. thus far her daughter has failed to respond to an e mail requsting her address as the letter will be sent via registered postal mail. He still has the voice mail and I have already advised him not to delete it as this could prove to be vital in demonstrating that she admits the choice of turf is her own fault.

    Could I clear some points mentioned in her e mail..is it against consumer law not to give a receipt? She was offered one but declined. I assumed it was not against any consumer law but admit I am an amateur in such things although I am attempting to research this. She says no cancellation policy was included in the quote??? Unsure what this means and the consequences? @ Bank fodder do you think the letter should NOT mention the voice mail where she apologises about her choice of grass and admits this her fault? Also does her daughter's demand that he reply within 7 days have to be met? I shall endeavour to meet this deadline but have research to do etc are there consequences if this is not complied with. The e mail sent by her daughter has so many discrepancies and frankly untruths that a comprehensive reply is required.

    Thanks in advance, very grateful for your help.

  6. I hope someone can offer any advice re a current problem concerning my son in law and his business. He quoted for a 'gardening' job, it was accepted, now the customer states she is not happy with the completed job. She is demanding a refund and says he has '...broke the law.'

    The job involved the laying of artificial turf. The customer had her 'front' lawn covered by artificial turf but wanted something thicker for the rear garden. This was achieved and she was happy with the job on completion,however, she then called my son in law and left a voice mail message admitting it was her own fault but she thought she had chosen the wrong product. She complained she wasn't given a sample of the product despite the 'turf' having been in her garage for a month before the job had begun. She states he has 'broke the law' because he did not provide a receipt, she was offered one and at the time declined. She is now threatening legal action if my son in law does not refund her the price of the job plus agree to redo the job at his own expense!

    His business is a very small landscaping/gardening job. He has never had a complaint before and this is causing him stress. Surely her admitting it was her own fault she chose a product which she later didn't like is no fault of the business owner?

    Any ideas where he might proceed from here? I understand this a family member and some may believe I am 'protecting' him but he is a genuine,hard working bloke, I would not help him if I didn't think this case was someone attempting to receive something for nothing. Thanks in advance for any suggestions.

  7. My daughter has received a letter from Parking Eye, 'Letter before County Court Claim' I have read, many times on this forum to ignore 'fines' imposed by private parking companies and this is the advice I gave to my daughter :!: She is not too happy with me now she has received the above mentioned letter! Any advice please on how she should proceed from here? It was a pub car park, the 'fine' was given in October this year. Many thanks in advance for any help/advice.

  8. Just wanted to update everyone who advised me re my original post.Following hour after hour of researching local and national planning policies I submitted a letter to the council planning department... the application has been refused! :whoo: Not only was it refused but the notice also stated that no further application was necessary as any build would never meet the criteria required, so no appeal to the applicant either. Happy with the result, well worth the days of reading the hundreds of pages re planning policies...by far the most boring reading I have ever had to do. Many thanks to all who sent advice.:smile:

  9. I was looking for advice in dealing with a planning application to build 2 4 bed detached houses on garden land that will be sold by existing home owners to facilitate this. I am doing this on behalf of my father, he is 84 and not computer savvy! He lives directly next door to the house that is planning to sell part of their garden to enable this build.

     

    He is strongly opposed to this and requested that I write a letter for him opposing the planning permission. He is concerned re garden privacy, the houses being out of character with the surrounding houses, and whereby he looked into his garden and saw other houses in a cul de sac at the end of the garden he will now have a large house approximately next to the half way point in his garden.

     

    It will be an 'eye sore', and it will look out of place among the other houses but I need to put together a constructive letter outlining valid points as to why planning permission should not be passed.

     

     

    I have done some research this afternoon, it's a very dry and complicated subject I have also checked our council website (South Staffordshire) but cannot find anything on the criteria they work with, planning requisites etc

     

     

    Any advice would be much appreciated as I really want to help him, he is not being objective and will only write an emotional letter whereby I believe by attempting to produce valid evidence against this proposal may be the way forward.

    Many thanks in advance.

     

    Sorry if this has been posted in the wrong section but I'm sure mods will move if necessary.

  10. I had a visit today from power 2 contact, it's regarding a debt with N Power electricity.

     

    I was not in so he handed my son a card, stating the amount of debt and left a mobile number,

    also said court action would be taken if we didn't contact the number within 24 hrs.

     

    He told my son he was here to read a meter, however, he was suspicious when he saw the caller had a dog in the car!

     

    I agree we owe this debt but what makes me cross is that it was accrued by my electricity bill being backdated by 3 years as they state we had only received estimates throughout the period.

     

    I have tried to pay this off several times but N Power have asked for £250 + per month,

    I make a few payments and inevitably fall behind again.

    My partner is disabled thus I am the breadwinner and find such a high amount difficult to pay but there appears to be little room to negotiate. :frown:

  11. Many thanks for the above. She has wrote to her employer today requesting a change of hours as working nights is now making her ill, (nausea due to odd eating hours thus not eating an adequate diet, no sleep due to frequency of going to the loo during the daytime etc...) This could have been discussed had she had a meeting with her line manager or other appropriate person but all she was handed was the generic risk assessment form from another colleague who is unable to make any decisions. Due to her pregnancy being 'high risk' this form is not really adequate in her case, and has no space available to make additional comments.Hopefully they will arrange a meeting so she can ask for her specific needs to be addressed.

    Am I right in assuming they have to continue to pay her current wage (night rate), because if she goes onto day shifts she says she will not be eligible for maternity pay?

  12. My daughter has now been given a folder entitled 'Your Guide to Maternity and childcare.' At the back of this folder is a sheet of paper which she has been asked to sign, the title at the top of the sheet is 'Generic Risk Assessment'. I assume this is given out to all pregnant employees; I thought a personalized risk assessment had to be undertaken? Could anyone offer any advice with regards to this please as I am reluctant for her to sign this without understanding exactly how a risk assessment should be conducted. She has not had any meeting with her line manager or other personnel, I would have thought this was mandatory as each persons situation may be different, i.e. my daughter has a high risk pregnancy. Thanks in advance for any help/advice that is offered.

  13. Are you sure the bill is accurate? Has there been a meter change? Are your night and day rates being billed the right way round? (you can check your bill against your meter to find this out).

     

    Have you had a lot of estimated bills before finally getting a large catch-up bill when your meter was read? And if this is the case were any meter-readings taken by yoiurself or a meter-reader, yet not used by NPOwer on previous bills? If this is the case, NPower should only be billing back for 1 years worth of understimated electric

     

    Thanks for your reply. Yes there were a lot of estimated bills, they say 3 years! I cannot honestly remember if it was, but was surprised they had left it so long.

    We were on social tariff dx100uk but again the repayments were much too high to afford :frown:

  14. Bolam test may be helpful here as indeed maybe 'informed consent.' I assumed that prior to any procedure then true informed consent should include any likely or potential problems the procedure may cause?

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