Small claim against kitchen fitter - me again!

[KitchenNightmare]

Hi,
I am preparing to take a kitchen fitter to court.
I have written twice (LBAs) both sent (and received) by registered post.
They have done nothing. They have taken over a year to finish my kitchen and ignored both LBAs and most of my phone calls and emails over the past 15 months.
I have been confused over the information I have read on various different sites; including MSE, CAB, Justice.gov.uk, Legal Beagles, Judiciary.gov.uk, Which? to name a few.

All I want to know is: must I send another LBA outlining exactly how much (a figure) I want to claim?

(Do I even need to write to them at all or can I just plough on with the claim? I had a builder come out to give me a quote to rectify their bodge job and he advised me to claim for the whole amount)



Many thanks, KN

[Kati]

Re: Small claim against kitchen fitter - me again!

Background on this can be found here - http://www.legalbeagles.info/forums/...l-claims-court

[nemesis45]

Re: Small claim against kitchen fitter - me again!

Hi, Cutting straight to the point here, it's pointless sending a Letter Before Action and then taking no action, then to send another will be a waste of time as the defendant will just feel that there's no point in making any response.
I agree with the builders advice make a claim for the full amount.
You don't need to send any more letters other than a short note that a claim has been issued.

nem

[KitchenNightmare]

Re: Small claim against kitchen fitter - me again!

Thanks, Kati - that was my original post! x

[Kati]

Re: Small claim against kitchen fitter - me again!

Thanks, Kati - that was my original post! x

No worries I agree with [MENTION=55034]nemesis45[/MENTION] tbh ... there's no point sending yet another LBA, just start a claim and then maybe inform them of it xx

[KitchenNightmare]

Re: Small claim against kitchen fitter - me again!

Thanks, Nem! This is very helpful. Thank you. I just want to make sure I have covered all legal bases before filing.

[KitchenNightmare]

Re: Small claim against kitchen fitter - me again!

Thanks, Kati - will do! x

[KitchenNightmare]

Re: Small claim against kitchen fitter - me again!

Dear all, I have been posting on Money Saving Expert forum too, and some people on there say I must "mitigate my losses" - limit my losses. ie not claim for the full amount.
Which would be just the cheapest of three quotes to finish the job; loss of income for me for one day; the cost of any outstanding materials; the cost of an electrician who had to come and rectify their mistakes...

[Amethyst]

Re: Small claim against kitchen fitter - me again!

Mitigate your losses means be reasonable and realistic, keep costs down as far as possible, eg don't get the most expensive electrician possible to come fix the issues .... if something can be fixed rather than replaced then mend rather than replace ..... that kind of thing. If you had to pay out a certain amount and it was all necessary work, then you should claim for the full amount.

[KitchenNightmare]

Re: Small claim against kitchen fitter - me again!

Mitigate your losses means be reasonable and realistic, keep costs down as far as possible, eg don't get the most expensive electrician possible to come fix the issues .... if something can be fixed rather than replaced then mend rather than replace ..... that kind of thing. If you had to pay out a certain amount and it was all necessary work, then you should claim for the full amount.

Thanks Amethyst.
I paid for the supply and fitting of a kitchen which has not been finished (due to mistakes, faulty and incorrect products - and being ignored).
I'm unsure whether to claim for the full amount of the kitchen or to claim for getting it finished by someone else/loss of my earnings/cost of rectifying their mistakes.
I don't want to be greedy, but I am extremely pissed off at the way this firm has treated me, plus the fact that it's been over a year; I was left without a gas hob for 4 months; and the fact that the 'craftsman'-ship is appalling.
I have had conflicting advice and I don't know what to do!

[bb41]

Re: Small claim against kitchen fitter - me again!

Maybe get another quote to have the kitchen you paid for, obviously some items probably need just fitting correctly rather than being replaced as a court will look more in favour if you are just being reasonable rather than pedantic.

I did this with my problem and let a few things go as it wouldn't take too much to correct. It can be used later if need be . I have a surveyors report which was all I needed to outline the real problems