I know there is at least one legally qualified person here, hence my question.
I had my bathroom refitted, and after a week I threw them out as the work was so poor. I had three surveys done by builders/fitters, confirming poor work. I paid £3,000 out of £5,000 due. I had the bathroom redone, for about £4,000. Hence I paid about £7,000 rather than £5,000. Trading Standards are mediating, and agree that compensation is due to work being below the legally acceptable standard. Ignoring costs due to renting a flat for longer (~£1000), I am down at least £2000. Trading Standards initially concluded I was due £2,000. After discussion with the cowboys, Trading Standards seem to have been charmed by them. The cowboys have thus far offered £1,500 in 3 installments. Trading Standards seem to think this is a final offer, and encourage me to consider it, though I said it was unacceptable. Trading Standards say this is all the cowboys can afford.
So, my question. Were I to go to the Small Claims Court to try and get £2,000, would the fact that I rejected the £1,500 offer work against me? Are there any unexpected costs that might arise, hence cutting into the £2,000? I will not hire a solicitor as the costs would mount up very quickly.
I accept that any advice given is without any form of warranty/comeback, that it is an opinion and no more. ;)
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Now. I am not legally qualified, but I'd suggest that it may be better to cut your losses and accept the £1500. I know that you feel wronged, utterly understandably. However, it sometimes pays to look at the bigger picture. Also, I do think that a SCC may count your refusal of a seemingly acceptable offer against you.
Good luck with whatever you do.
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At least you'll get some of it back, which is more than many do. Count your blessings.
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Normally I would entrench and go for the throat so to speak, but I am feeling (slightly) like the others here to be honest. My only reservation is the three instalments. I have serious doubts whether you will get them.
I am reliably informed that the usual folk that mediate in small claims tend to find 80/20 for the complainant (in these situations).
With the backing of the Trading Standards views I think that there is quite a good case for you to win. Or of course there are the other methods.
Good luck and if there's any Builder's advice you need then shout here or PM me. Mods will give you the details.
Reg's...............M.
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You having refused their first offer will not go against you in court.
Lots of cases find their way to court that way, and the offer is an admission of liability which helps you.
You are only £500 apart, and there are limited costs associated in issuing a small claim.
Also consider the effect issuing a claim will have on the other side.
They may think 'this guy's serious, best we pay up', or it may cause them to dig their heels in, or even withdraw their first offer.
If - big if - you are confident they will pay the £1,500, my suggestion is to accept it.
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I too would go for the 1,500, far too many times people get nothing, they could simply dissolve the company and you are stuck out on a limb, but like another poster I am wary of the instalments offer, you may get one and then nothing.
If you can, go for 1500 in one lump, or tell them you will instigate small claims procedure for the full 2k. You will have to be prepared for them to go bust and wind up the company tho.
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A bird in the hand is worth two in the bush!
No, I don't know what it means either.
My advice? Take the 1500 quid.
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Depends whether you have the stomach for the fight. 5k is the SCC limit - it can be done and MD's 80/20 success rate sounds credible, enforcing it can be another....I'd stick out for 2 grand !
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Thanks for the comments, pity there are no legal types around, but the answers are useful. Some friends also said take the money. One issue is the nature of the compensation i.e. installments. I am concerned that it might be over a long time and they might renege on one or two of them. It also means I will not publish their name until all payments have been received.
I am getting their company accounts from Companies House, to find out if they are doing okay. Yesterday I went to Wickes to buy some plasterboard, and when I came out I found they had parked their van in the next space alongside my car, and they were in the cabin. Their van looked quite old and tatty. I am sure they had a better one when they visited my house. I gave them a poor CheckATrade review, and I think it hit trade, which is ironic because that makes them less willing/able to pay compensation. Something for people to remember if they are daft enough to get a trade from CheckATrade/MyBuilder/etc.
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I'd take RPs advice since he has the background and also works for the CAB. Its easy stood on the sideline but try not to let these thing dominate your life or you will make yourself ill over feeling a big sense of injustice. Its not until you get bitten that you realise that the truth is no one will really fight your corner to the bitter end leaving you financially even. Trading Standards are toothless tigers. Minimise your losses as best you can in the shortest and most realistic timeframe.
It can be a bitter pill to swallow.
Last edited by: Fullchat on Sat 7 Jul 12 at 16:37
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>> I'd take RPs advice since he has the background and also works for the CAB.
>> Its easy stood on the sideline but try not to let these thing dominate your
>> life or you will make yourself ill over feeling a big sense of injustice. Its
>> not until you get bitten that you realise that the truth is no one will
>> really fight your corner to the bitter end leaving you financially even. Trading Standards are
>> toothless tigers. Minimise your losses as best you can in the shortest and most realistic
>> timeframe.
>> It can be a bitter pill to swallow.
Cheers. They got back and asked what I would settle for. I may request £1750, but I am making them sweat. The SCC costs £100, and then there is taking time off work, which costs too.
At the end of the day this is a learning experience.
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Last edited by: VxFan on Sun 8 Jul 12 at 00:24
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You can get your costs back through the SCC. You'd have to show that you'd taken steps to resolve pre-court so to speak, the offer they've made is unlikely to prejudice your case - it's a roll of the dice - enforcement would be the biggest problem, they'd dissolve and reform as Leif's Bathrooms just to spite you !
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>> enforcement would be the
>> biggest problem, they'd dissolve and reform as Leif's Bathrooms just to spite you !
I'd thought of that. They are on a Trading Standards Buy With Confidence scheme, which brings in work, and on CheckATrade with fantastic reviews, so I doubt they would lose that for the sake of avoiding paying me compensation. They might be removed from BWC, but not before they pay compensation. I have had confirmation that would not happen.
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It's a straight choice then - accept what they offer and move on (after trying to to nudge them upwards) or pays your money and take your chances with the SCC system. From What you say it seems reasonable and you've got a an equally reasonable chance of success through the Courts. They might just pay up. It's a gamble......
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Bathroom dispute: legal advice - Badwolf
