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Hi all
I had a new wood stove fitted by a local trader in March. I purchased the stove and the trader quoted for fitting it, including providing and installing the hearth and flue system. There was no formal contract, just a brief quote in a WhatsApp message. I've not paid anything to date.
After the initial install I raised numerous issues with the trader, including several quite serious safety concerns. He came back a month or so later to correct these, but despite telling me he'd resolved them, I found afterwards that he hadn't. He had in fact managed to make some worse. I raised an official complaint with OFTEC. They visited for an inspection, the report from which agreed with me and deemed the installation non-compliant.
I've told the trader that I plan to employ a third party to complete the necessary work identified by OFTEC. I don't trust the trader as he has lied to me on numerous occasions and because some of his work is dangerous and of a very poor standard. I don't think he knows (or cares; I can't decide which) how to do the job properly. I therefore proposed that I will remove the materials he installed and let him know when he can collect them; apart from the hearth which I'd keep as it has been cut bespoke, would be difficult and disruptive to remove, and could go towards compensating me for my inconvenience and consequential losses (for example - the roof has been leaking since he installed the stove).
Whilst seemingly agreeing to all this in principle, the trader is now insisting that he return to the property to remove the materials himself. I do not want him working on my property again both for the reasons given above and because I'm concerned he may cause further damage. Furthermore, the flue will need to be removed at the same time that a new one is installed, otherwise I'll be left with a large hole in my roof!
My first question: Does he have any right to insist he does the work in removing the goods?
One other thing... I believe the trader has broken the contract as he did not exercise reasonable care or skill (and have told him such). However, the trader is claiming that this does not apply as I've not paid anything.
My second question: Is he correct in saying that?
Would much appreciate any help or guidance anyone can offer.
Huge thanks
I had a new wood stove fitted by a local trader in March. I purchased the stove and the trader quoted for fitting it, including providing and installing the hearth and flue system. There was no formal contract, just a brief quote in a WhatsApp message. I've not paid anything to date.
After the initial install I raised numerous issues with the trader, including several quite serious safety concerns. He came back a month or so later to correct these, but despite telling me he'd resolved them, I found afterwards that he hadn't. He had in fact managed to make some worse. I raised an official complaint with OFTEC. They visited for an inspection, the report from which agreed with me and deemed the installation non-compliant.
I've told the trader that I plan to employ a third party to complete the necessary work identified by OFTEC. I don't trust the trader as he has lied to me on numerous occasions and because some of his work is dangerous and of a very poor standard. I don't think he knows (or cares; I can't decide which) how to do the job properly. I therefore proposed that I will remove the materials he installed and let him know when he can collect them; apart from the hearth which I'd keep as it has been cut bespoke, would be difficult and disruptive to remove, and could go towards compensating me for my inconvenience and consequential losses (for example - the roof has been leaking since he installed the stove).
Whilst seemingly agreeing to all this in principle, the trader is now insisting that he return to the property to remove the materials himself. I do not want him working on my property again both for the reasons given above and because I'm concerned he may cause further damage. Furthermore, the flue will need to be removed at the same time that a new one is installed, otherwise I'll be left with a large hole in my roof!
My first question: Does he have any right to insist he does the work in removing the goods?
One other thing... I believe the trader has broken the contract as he did not exercise reasonable care or skill (and have told him such). However, the trader is claiming that this does not apply as I've not paid anything.
My second question: Is he correct in saying that?
Would much appreciate any help or guidance anyone can offer.
Huge thanks
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