Badly fitted kitchen

[dan_1207]

Re: Badly fitted kitchen

Gather your evidence and file your claim. I was always taught to use the traditional paper-based claims so I issue mine through the County Court Money Claims Centre. Individuals, however, seem to prefer MCOL; http://www.justice.gov.uk/downloads/...tart-guide.pdf. MCOL is cheaper, and some may say easier.

[mickeyboy]

Re: Badly fitted kitchen

Gather your evidence and file your claim. I was always taught to use the traditional paper-based claims so I issue mine through the County Court Money Claims Centre. Individuals, however, seem to prefer MCOL; http://www.justice.gov.uk/downloads/...tart-guide.pdf. MCOL is cheaper, and some may say easier.

Thanks ,will go through this and decide what course of action is required

[des8]

Re: Badly fitted kitchen

You wrote to him.....did your letter comply with pre-action protocols?

[mickeyboy]

Re: Badly fitted kitchen

You wrote to him.....did your letter comply with pre-action protocols?

what protocol's ? I sent a letter just stating we had a sort of contract and that he failed to do the job without care and attention ,that i wanted recompense to put the wrong things right ,but not by him ,and if he did not reply within 14 day's i would consider court action ...

[des8]

Re: Badly fitted kitchen

Pre-action protocols explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims.
You can find them here.
http://www.justice.gov.uk/courts/pro...action_conduct

The overall aim is to avoid litigation.
Paragraphs 11,&13-16 explain the possible consequences of not following the rules of pre-action conduct.
Possibly your letter complies, but in all honesty, as you were unaware of the protocols, there are probably some gaps.
May not make any difference as you are LiP, but might as well get it right from the start

[mickeyboy]

Re: Badly fitted kitchen

Pre-action protocols explain the conduct and set out the steps the court would normally expect parties to take before commencing proceedings for particular types of civil claims.
You can find them here.
http://www.justice.gov.uk/courts/pro...action_conduct

The overall aim is to avoid litigation.
Paragraphs 11,&13-16 explain the possible consequences of not following the rules of pre-action conduct.
Possibly your letter complies, but in all honesty, as you were unaware of the protocols, there are probably some gaps.
May not make any difference as you are LiP, but might as well get it right from the start

What is LIP?

[des8]

Re: Badly fitted kitchen

LiP = litigant in person

[mickeyboy]

Re: Badly fitted kitchen

LiP = litigant in person

thank's again for the reply , I think i will send a follow up letter ,recorded delivery ,stating what will happen if he does not reply ,say within another 7 day's ,we certainly do not want him in our property again ...

[dan_1207]

Re: Badly fitted kitchen

From what you've described, your first letter is fine. If you're happy to wait longer, a further letter won't hurt.

[mickeyboy]

Re: Badly fitted kitchen

From what you've described, your first letter is fine. If you're happy to wait longer, a further letter won't hurt.

just happen to be on ,,,, we have heard from the kitchen company that he intends to write to us ,The kitchen company messaged us about the issue ,If we still haven't heard by monday ,another letter will be sent ..

[mickeyboy]

Re: Badly fitted kitchen

He finally sent me a text stating a reply was on it's way ..........it's from his law firm ,,and read's.....they write to confirm that they have been instructed by mr a......we understand that you have intimated a claim against mr a ...for compensation for alleged faults arising from work undertaken by mr a....at your premises between dates on or around 16/2/2015-12/3/2015,in particular ,we understand that you have requested a payment of £700 in order that you may employ an alternative kitchen fitter to rectify the major faults and to compensate for stress and worry .with the greatest respect ,the figure of £700 would appear to be a completely arbitrary figure and to date our client has seen no evidence what so ever to corroborate the allegations you have raised .in all the circumstances we would urge you to allow mr a ...access to your premises in order to consider the alleged problems in order that he may ,if necessary ,rectify the the same at his own cost.Please be advised should you fail to afford mr a ... the opportunity to rectify any issue's that may exist and for the avoidance of doubt non are conceded at this juncture ,we reserve the right to draw this letter to the courts attention in the event that you seek to issue proceedings .in particular, as we consider it extremely unreasonable not to afford our client the opportunity to rectify any issue's that may exist ,we will ask our client to be awarded cost's as a consequence of your unreasonable conduct ,finally we do not believe your correspondence constitutes a pre -action letter,consistent with the civil procedure rules ...................................Where do we stand with this ? we don't really want him back ,and we have about 50 photographs as evidence,,,,,,he states his client has seen no evidence ,,he caused it ,what evidence would he need to see ?

[des8]

Re: Badly fitted kitchen

Did they actually say why they "do not believe your correspondence constitutes a pre -action letter,consistent with the civil procedure rules" ?

To an extent they are correct in that (as far as I know) you have plucked the figure of £700 out of the air. Have you obtained a quote from another tradesman to do the remedial work?

As you have lost all confidence in the original fitter it is not unreasonable to allow him to attempt to rectify the work. However you do need sound grounds to claim a loss of faith, hence the photographs and possibly detailed written quotes from other tradesmen.

Did you suggest a form of dispute resolution alternative to going to court?
Did the original fitter belong to a trade organisation which may offer mediation services?

[mickeyboy]

Re: Badly fitted kitchen

the letter is as written ,they do not state why my letter of correspondence is consistent of civil procedure's ,the £700 was a third of the total cost of the fit ,we had someone in to view the kitchen but did not give us a full quote ,but they did say we would be better off ripping out part of the kitchen out and starting again ,so with a bit of compensation ,we felt that it was a fair ask,

as you say we have totally lost faith in him as he caused all the damage and tried to hide it from us ,the claim was for the gas leak caused as well as the water leaks .of which my wife was ill over the three days caused by the gas leak ,

i do not believe he was or is a member of a trade organisation ,

what other form of dispute resolution can we turn to as an alternative to court action ,

I wish you could see some of the work and damage he has caused to our kitchen ....can i add pictures ?

[Kati]

Re: Badly fitted kitchen

I wish you could see some of the work and damage he has caused to our kitchen ....can i add pictures ?

of course ... either upload them yourself, or email them to me ( kati@legalbeagles.info ) and I'll pop them up for you xx

[mickeyboy]

Re: Badly fitted kitchen

of course ... either upload them yourself, or email them to me ( kati@legalbeagles.info ) and I'll pop them up for you xx

sent a dozen or so xx