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Garden work paid for but left unfinished - No communication with gardener

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  • Garden work paid for but left unfinished - No communication with gardener

    Hi all - looking for some advice on the garden work that should have been completed at my new property.

    We had agreed a contract and quote with the gardener to level, pave and re-turf our garden back in Summer (June time). Work began on the 17th August and was estimated (based on the quote) to take 8-10 days.

    Long story short - All started fine, deposit paid, work started, no problems.

    Work started to slow after a few days due to material delays and all the job started to drag on and on. The standard of work (when done) is absolutely fine, but to this day the work is unfinished.

    For the past 3-4 weeks we have been waiting for a light order to come in so the final parts of the paving can be completed. Last Sunday (27th September) we got a message saying the light order was in tomorrow, so the garden should be finished this week (1-2 days to complete)...we have since received no communication from the gardener, despite messages being sent through Facebook, email and SMS.

    We followed up last night with a quick message (3rd October) and still no response.

    We have paid the full quote amount (plus £400) as my partner has tracked all bank transactions. It was only noted on our last calcs that we have actually overpaid for the job.

    What are our next steps? Where do we stand legally?

    Would really appreciate anyone's help and will gladly provide more detail if required.

    Thanks



  • #2
    Letter before action then small claims track if no response.

    Comment


    • #3
      Originally posted by mr_atm View Post
      Letter before action then small claims track if no response.
      We are currently drafting up an email (as we have no correspondence address), but how long should we give (is there an amount of time we must allow)?

      Comment


      • #4
        Originally posted by SCOUSE1990 View Post

        We are currently drafting up an email (as we have no correspondence address), but how long should we give (is there an amount of time we must allow)?
        Its going to be difficult to serve a claim if you dont have their address for service.
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          All - update on the above. I have managed to find his address. Looks like a sole trader so also have the company name. I have drafted up a letter of intent/action (from a template on here) and will be sending royal mail signed for.

          I have received 3 quotes for the garden work to be completed, have taken plenty of pictures showing the current state of the garden and an outline of the work to be completed and have built up all the 'evidence' I think we will need.

          What are my next steps (assuming within 28 days there is no response)? Really appreciate any advice as this isn't a route we would normally take.

          Thanks

          Comment

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