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    • And I'm sorry, you're going to have a rough time of it this morning. On at least two or three occasions, either I or my site team colleague have advised you to give a period of notice to the window company – and I even suggested in one of my most recent posts that a period of notice would be essential in order to satisfy the courts. Despite this, you appear to have sent a letter giving notice of immediate cancellation of your contract. I really have no idea why you come here and ask for advice, and get advice – similar advice from several experienced members of the site team – and then you proceed to ignore the advice and do your own thing. You absolutely need to disengage from this company. They are giving you the runaround and frankly considering you are a paying client they're treating you with contempt. By sending the letter you did, not only are you prejudicing your own situation but you are making it clear that you don't know what you're doing. If you follow the advice we give, then you will create the impression that you are in control and competent. You will have to send them another letter. You must give them notice. Even though they are clearly in the wrong and even though there is clearly something very fishy going on, you will have to make time of the essence and give them reasonable notice. I suggested seven days – you have even now used up some of that time by giving them a letter of immediate cancellation and not a letter of notice. I think you should now send them a letter informing them that unless you have a definite agreement within seven days that the work will be completed at the end of 14 days, that you will consider that the contract is terminated by their breach. Tell them that despite any written terms and conditions, it is clearly an implied term of the contract that it will be carried out within a reasonable time and that your patience is exhausted. Tell them that once you cancel the contract, they can take whatever action they want to recover any administrative fee that you won't be paying. If you're the fact that you tend to go off on your own and not follow advice, I think it would be a good idea if you put the letter together and then post the draft here so that we can check it. Slapped wrists? – Yes definitely.
    • In terms of asking us whether or not providing us with the documents we need in a certain format is important, – yes it is important. I'm very sorry but we put in a lot of work for people here and we do it all for free. We need people to provide material that makes it easier for us to help you. We use a standard Internet system – and at the very least, we expect people to have the necessary equipment, for instance a scanner, and some kind of computer to be able to engage with us. We also expect people to have at least the computer skills to be able to provide the documents we need in the format that we need. 10 or 15 years ago this might have been an unreasonable ask because the technology was much newer and not so well established and understood. Things have moved on and I think it's essential for you to acquire the necessary skills – they are not at all difficult – to be able to engage with us – and also anyone else with whom you have dealings on the Internet. I imagine that you don't have a scanner but for about £49 you can get an excellent one from Currys PC World and I think you should do that. Please remember that you are receiving advice here which might normally be charged at £300 per hour. All we ask you to do is to get scanner and you will find that it is really very easy and you will then acquire transferable skills. It is a win for you in every sense. You will have the scanner for years.
    • what time do you have to go in today? I am wondering whether it might not be a good idea to go in with the letter of claim and if there is any mucking around them to hand it to them.   We would have to draft something appropriate.   in any event I think you should prepare an sar and take it with you and hand it to them make sure that they realise what it is. Hand it to a senior manager.   Use our sar template here.   I think that they are starting to lead you around by the nose and I think that you should take control and make sure that they realise but there is only a short time before it goes legal. A letter of claim would be the best thing to do in addition to the sar     
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
    • The bank is yet to say if it will shed more jobs beyond the 35,000 it flagged earlier this year. View the full article
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Fitter threatening me for £150 court claim issued


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Hi there I was hoping for some advice.

 

Last year I hired a kitchen fitter to fit my kitchen. I paid him £100 deposit and he began the work. I left the country on holiday and my dad was unhappy with the quality. He’d rushed and some screws had left marks on the other side of the wood, he’d put some draw runners in upside down and in the wrong place. My dad asked him to assemble a drawer as proof of skill. The fitter did this and then declined to continue the job, citing humiliation / embarrassment and not wanting to continue. At this point they had assembled half of the carcasses (kitchen units) in half a day and left.

 

He said he wanted a further £150 to match his day rate for the work he did and as per his T&C’s (see below). I’ve refused on the grounds of insufficient care and skill.

 

This is now going to mediation with the possibility of it going further. He claims if it goes further he will go for the full amount of the job as per T&C’s of a further £850. I feel £100 is a fair amount for the work he did and don’t want to pay anymore.

 

Furthermore, our initial conversation over Facebook he stated the job would be “£950. £850 if the carcasses don’t need doing” this would suggest, to me anyway, that he values the carcasses being made is worth £100, which he has been paid, even though he and his employee did half.

 

Where would this likely go if it couldn’t be solved with mediation?

 

What is the likelihood this would be ruled in my favour?

 

And how much chance does he have of getting a further £850 for one days work after initially asking for £150?!

 

His T&C’s do state that “if work is then fully stopped due to a disagreement no deposit will be refunded and seek £250 for the stop of work” is that even legal? As well as his suggestion the work done was worth £100

 

Thanks in advance.

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Hi and Welcome to CAG

 

Quote

Where would this likely go if it couldn’t be solved with mediation?

 

What is the likelihood this would be ruled in my favour?

 

And how much chance does he have of getting a further £850 for one days work after initially asking for £150?!

 

It would assist us if you scanned and redacted the claim form and the defence you submitted...for us to advise and access the possible success of the claim...or your defence....otherwise we would simply be guessing.

 

Andy

 

Topic moved to General Legal Issues Forum.Topic title amended 

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