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Paid for work that's not been done properly

4 replies

Flixybelle · 08/07/2017 21:52

I need some advice, I just had Amtico flooring fitted in my house in the hallway and through the kitchen diner. It was finished on Friday and we were not to walk on it too much for 24hrs as it needs time to settle.

Anyway I have just been and inspected it and the floor is in not level at at least three points, I think where different floors were. When we were quoted for it we explained the different floors(due to extensions) and he said that he would fully level the floor with wood and then scree over the top. Its not a huge difference literally mms but I can feel it when I walk and its pretty obvious where it meets the kitchen units it is also coming away from up already as the different levels are pulling on it hence the need for it to be 100% lever.
The workmen was a 'specialist' fitter- I know under the consumer rights act its not done with reasonable skill/care BUT my idiot DH paid him 75% of the total AFTER it was complete!! Do we have a leg to stand on if we make a claim through the courts? It will certainly cost a LOT more to fix them 25% of the cost as we bought the flooring separately and it will need half of the kitchen entirely re doing the least its certainly not going to last as its all ready coming up.

Thanks

OP posts:
wowfudge · 10/07/2017 15:15

You need to contact the fitter in the first instance and ask him to put it right. Did he advertise or state he was an Amtico approved fitter or that he has flooring fitting qualifications?

He should be insured and care about his reputation so your first course of action is to get him to come back.

Flixybelle · 10/07/2017 22:01

Thanks for the reply. yes he was a LVT specialist specifically Amtico and yes floor fitting qualifications listed on his website. I have tried calling but he isn't answering my calls.

OP posts:
wowfudge · 10/07/2017 22:42

In which case, take screenshots of his website as proof of what he stated his qualifications are. This is important for any court claim as it will form part of your evidence. Do you have his address? If so, write to him (and obtain proof of postage at a post office) giving him X number of days to make contact and arrange to look at the floor with a view to assessing what is required to put right the issues. Otherwise email him or text him. Screenshot any messages.

Don't send a letter which needs to be signed for because he'll probably ignore any 'while you were out card'.

He'll either respond or ignore you. If he ignores you, get someone round to quote for putting things right. Get the quote in writing.

You can then decide whether to send him a letter before action, i.e. before making a small claim against him. Ultimately you can obtain a CCJ against him or his company if he doesn't pay you back. Alternatively you could issue a statutory demand for your costs in putting things right. If he doesn't pay a stat demand for a minimum of £750, you can apply to get him made bankrupt or have his company wound up.

Whether you will get your money back is another thing, but you can get a CCJ against him or his company. It's important if he was a sole trader you address everything to him personally. If he is operating via a limited company then you address it to the company.

Whatever you do, stay calm and matter of fact. Don't make any threats or repeatedly contact him, just make it clear what you want him to do and provide reasonable timescales.

We have just had an LVT floor laid. It was ply boarded and screeded to level on one day and the flooring laid another day. You can walk on it straight away. We were advised to leave it overnight before moving a couple of heavy appliances back into place over it, but that was all.

user1492287253 · 16/07/2017 00:35

my sister had a dispute with a worktop fitter. luckily she had legal expenses insurance with her household insurance which not only paid the legal costs but would have paid the judgement if they had not coughed up. worth checking

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