Kitchen install mess!

[Mrmick]

Hi,

I had a kitchen installed 3 years ago now and it ended up a complete mess with cupboards cut down from original size to accomodate mis calculation and floor raising as this was laid badly and then to top it off he was going to saw the backs off drawers as he had not considered a fuse box being in the way.

The whole mess took its tole and since then i tried initially to get in touch with him several times over a year giving him chances to fix the issues but he completley ignored all communication and recieved some advice but i fell ill with depression, my marriage broke up and ive basically not chased up futher action because of the damage its already caused.

i wanted to ask, if after this time i can still pursue a claim?

Thanks in advance Mick.

[Crazy council]

after 3 years you would struggle to claim anything for mis-fitting.

[jaguarsuk]

Hi,

I had a kitchen installed 3 years ago now and it ended up a complete mess with cupboards cut down from original size to accomodate mis calculation and floor raising as this was laid badly and then to top it off he was going to saw the backs off drawers as he had not considered a fuse box being in the way.

The whole mess took its tole and since then i tried initially to get in touch with him several times over a year giving him chances to fix the issues but he completley ignored all communication and recieved some advice but i fell ill with depression, my marriage broke up and ive basically not chased up futher action because of the damage its already caused.

i wanted to ask, if after this time i can still pursue a claim?

Thanks in advance Mick.

Yes you could still pursue this because you have 6 years from the date of the cause of action to file a claim under the Limitations Act 1980.

The key facts really are whether they are a sole trader or limited company you employed to do the work? Also, what is the reality of getting paid if you win?

Starting a claim is as much about assessing the risk of you throwing good money after bad as it is of getting the problem rectified.

Have you had another trades person come in to correct or quote to correct the issues?

[Mrmick]

Hi Jaguarsuk,

i had advice from, Which? Who said that i could go after him as a sole trader after the guy from, Which looked up the details and standing of the guy who owns the company who installed the mess. He also said that i wouldn't incur any legal costs as this would be through a small claims court.

i've just left it this long as it basically sent me under , the cost and the fallout ot litterally made me ill. £6000 and the knock on effect was my marriage although i cant say that was a direct result it put a massive strain on it.

thankypu again for your advice Mick

[jaguarsuk]

Hi Jaguarsuk,

i had advice from, Which? Who said that i could go after him as a sole trader after the guy from, Which looked up the details and standing of the guy who owns the company who installed the mess. He also said that i wouldn't incur any legal costs as this would be through a small claims court.

i've just left it this long as it basically sent me under , the cost and the fallout ot litterally made me ill. £6000 and the knock on effect was my marriage although i cant say that was a direct result it put a massive strain on it.

thankypu again for your advice Mick

Hi Mick

The guy from Which hasn't really given you sound advice there.

He is correct in so much that it would fall in the remit of being a small claim, but has neglected to advise you that you will have to pay fees to the court to issue the claim and for the hearing should there be a requirement for one. Those fees would then be added to any judgement should you be successful to be repaid by the defendant, but you should be aware you'll be out of pocket for the fees until that point.

But, there's always a but, if you receive benefits of any sort you may be eligible for fee remission and this would mean that you don't pay any fees.

Based on a £6,000 claim the fees if you have to pay them would be £410 to issue the claim via Money Claim Online and a further £355 hearing fee if a hearing is required.

[Mrmick]

Hi Jaguarsuk

Well, im going to go ahead then. First thing first and get 2 quotes from builders. I certainly dont mind paying the fees as its something i need to resolve and put to bed or else its going to keep hanging as i havent touched the kitchen since.

Thankyou again very much. Mick

[jaguarsuk]

Hi Jaguarsuk

Well, im going to go ahead then. First thing first and get 2 quotes from builders. I certainly dont mind paying the fees as its something i need to resolve and put to bed or else its going to keep hanging as i havent touched the kitchen since.

Thankyou again very much. Mick

It is your claims and so if you are happy to go ahead then obviously your shout, but as I said previously what assets has the defendant got or what is the likelihood of you getting paid? £765 is a very expensive bit of paper if the defendant just can't pay up.

Get 3 quotes and use the middle one as the claim amount to show you haven't used the most expensive, but also haven't gone cheap as you want the job doing properly.

Your course of action after determining the claimed amount will be to send a letter before action to the defendant giving them 30 days to reply. You need to satisfy the pre-action protocols before issuing a claim. Personally I would offer them the opportunity to rectify their work, but you don't have to do that as they have messed it up already and ignored previous requests to do just that.

[Crazy council]

Hi

Make sure you can show all formal contact between you and the fitter at the time it was fitted, pictures of what your objecting about etc etc and communication relating to that.

Making a claim for improperly fitted kitchen units after 3 years is going to hard and you need to show a good reason why you have waited so long.

I am actualy sat in a kitchen business at the moment ( family members ) as well as designed and fitting , they also do insurance jobs up and down the country for a number of firms.

Blown doors ( vinal rap ), unevenly discolured doors, badley fitted units doors is the usualy insurance job. I also have a joiner friend whos regularly repairing messed up jobs from our largest local kitchen suppler, so i understand how wrong things can go.

I would start by formal writing to the supplyer/fitter, identifying when you first raised the issue, what the issue is, and what your expectation is ( be fair and realistic, as this may be used in court ). Ask the what they propose to remidy the sitruatiuon before you take furether action. Do this as a letter before claim ( part of the process )

[jaguarsuk]

Making a claim for improperly fitted kitchen units after 3 years is going to hard and you need to show a good reason why you have waited so long.

Evidencing your illness should play a part of your witness statement if it gets that far.