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Posted: Sun Mar 18, 2007 1:25 pm
by Mika
Hi
I'm looking for suggestions as to how to convince a trader to come back & finish a job they started in December.
Yes, they've been paid (long story but I fell for it). No, they won't take my calls. Yes, the "secretary" is fed up of telling me fibs. No, they don't turn up when they say they are going to.
Citizens Advice suggested sending a letter demanding the work is done within 14 days but I can't help thinking they won't even read it let alone take action because of it.
So, I'm turning to you guys to see if you can offer me any advice. At the moment I'm stuck with a lump of concrete for a driveway which supposed to be a stunning Pattern Imprinted Concrete design, a driveway that I cannot even use because they supposedly "bonded" it 3 weeks ago.
Anyway, as I say it's a long story but any snippets of advice would be most welcome.
Thanks
Mika
Posted: Sun Mar 18, 2007 2:15 pm
by Ted
Send a letter setting out your problems and be prepared to follow it up and take them to court if you have been ripped off.
Posted: Sun Mar 18, 2007 2:55 pm
by Tony McC
You must write to them, stating just why you're dis-satisfied, and giving them what the courts refer to as "a reasonable period of time" in which to reply. This is normally taken to be 7-14 days (5-10 working days). You must send the letter by recorded delivery to their registered address and copy-in the trading standards people.
You must state everything that pertains to the case: if you forget to mention such-and-such a thing, it's difficuult to have it added to your list of grievances at a later date.
You are obliged to give them the first opportunity to make good their own work, but if they do not respond in the timeframe stated, then you must state in the letter that you reserve the right to bring in another contractor to make good the work, and to pursue the original contractor via the courts for any and all costs, plus a (say) 15% administration fee to cover your personal time and costs (phone calls, letters, time of work, stress, antacids, etc), plus the costs of your legal advisors, plus any court costs.
Assuming the letter is not bounced back to you, they are obliged to respond otherwise you can instruct a solicitor to commence proceedings against them to recover the cost of having the work put right.
The law in Scotlandshire is different to that in Lower Britain, and different to that in Ireland, but TS should advise you about the court proceedings. Usually, the court will summon them to defend their case, which means basically proving that all your complaints are invalid, after which the court may award judgement in your favour. This means you can appoint another contractor, but the real difficulty comes in collecting the money from the original contractor. The court is highly unlikely to do this for you, and it is down to you to appoint a bailiff or a procurator to pursue them. Again, this is another cost that should be passed on to the original contractor.
Some rogues will dissolve the company only to set up under a new name the following week. If it's a limited company, there's NOWT you can do about this. Many rogues rely on you becoming so exasperated and frustrated that you give up. DON'T - chase them to the ends of the earth, if necessary. It's because so many claimants give up their legitimate claims that encourages rogues to adopt this tactic.
TS should provide more help. They are public servants and there to help you. However, they cannot take legal action on your behalf: for this, you need your own legal team, and it's worth hunting down someone with experience in consumer affairs rather than the usual divorce/drunk-driving type of solicitor.
Let us know how you get on.
Posted: Sun Mar 18, 2007 4:11 pm
by Stuarty
Cant help but notice your location is Midlothian, theres not that many PIC installers round here, and more to the point, theres even fewer good ones. I know of a couple of landscaping firms, mainly doing block paving who are trying to break into the PIC market, but theres not an awful lot of demand for it. Well, not yet anyway
Posted: Sun Mar 18, 2007 4:56 pm
by Mika
Thanks for your advice, seems like there's no other way around it but to send the letter, I didnt want to antagonise them into not coming at all but seems we have no choice if we want to see any of the money again.
Stuarty - we've tried 2 PIC installers so far - one for the patio & one for the drive & love the effect. Unfortunately, if something goes wrong & the contractors do a disappearing act you're left with a lump of not very attractive concrete! Have toyed with the idea of putting up a board showing their company name outside the drive to try & "advertise" their handy work, after all nobody's likely to knock the door & ask for their phone number!! They would probably just remove the sign anyway & I don't have the time to faff about!!
So, it would seem as if there's no quick fix which is what I was secretly hoping for as it's a huge struggle for us to not have access to the driveway. We have a young disabled son & the whole reason for having the drive was to make it easier to transfer him from house to car. I'll get on with writing the letter & get it off to them recorded del & no doubt the long process will begin.
Thanks again for taking the time to reply, it's good to know there are actually some builders with scruples out there.
Will let you know how we get on. 
Posted: Sun Mar 18, 2007 5:00 pm
by Stuarty
Make sure you keep a copy of all correspondance, everything you send and everything they send back, if you get something back that is. I hope you get everything sorted out.
Now, im off "doon hame" to see some family and friends. Back in a week, Au revoir!