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Letter Before Action
Hi,
I am having problems with a carpet fitter not replying to contact about work he did and was supposed come back to put right. He is a sole trader and is not LTD.
I want to send a letter before action but want to know if it and any resultant court action be to him personally, his company or both?
I want to make sure I get it right but also that, obviously depending on outcome, that he can't just wind up his business and get out of his obligation.
Thank you
I am having problems with a carpet fitter not replying to contact about work he did and was supposed come back to put right. He is a sole trader and is not LTD.
I want to send a letter before action but want to know if it and any resultant court action be to him personally, his company or both?
I want to make sure I get it right but also that, obviously depending on outcome, that he can't just wind up his business and get out of his obligation.
Thank you
Answers
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Since you're not dealing with a limited company, the law regards 'Fred Bloggs', 'Fred Bloggs (t/a Bodgit Carpet Fitters)' and simply 'Bodgit Carpet Fitters' as the same entity.
Indeed the law requires that any business documents (such as invoices) issued by Bodgit Carpet Fitters MUST show Fred Blogg's own name and address (or an alternative address where legal documents can be served upon the business).
So your letter should be addressed to Fred Bloggs, rather than to Bodgit Carpet Fitters.
He won't be able to get out of paying up unless he goes personally bankrupt, since (as I've indicated above) his finances and those of his business are the same.
Your letter needs to include . . .
1. Your name and address (obviously!) ;
2. The name and address of 'Fred Bloggs' ;
3. The date upon which the letter is written ;
4. A statement of the amount demanded (or action which is acceptable in lieu of payment) ;
5. The reason for that demand ;
6. Notification that if payment isn't received (or remedial action completed) within a specified period (I suggest 21 days) that legal proceedings will be commenced without further notice.
To avoid any possibility of Fred Bloggs telling the County Court that he never received your letter, it's wisest to send it by Royal Mail's 'Signed For' service, even if Fred Bloggs only lives next door to you.
If your letter doesn't result in the matter being resolved, you'll probably need this web link:
https:/
Indeed the law requires that any business documents (such as invoices) issued by Bodgit Carpet Fitters MUST show Fred Blogg's own name and address (or an alternative address where legal documents can be served upon the business).
So your letter should be addressed to Fred Bloggs, rather than to Bodgit Carpet Fitters.
He won't be able to get out of paying up unless he goes personally bankrupt, since (as I've indicated above) his finances and those of his business are the same.
Your letter needs to include . . .
1. Your name and address (obviously!) ;
2. The name and address of 'Fred Bloggs' ;
3. The date upon which the letter is written ;
4. A statement of the amount demanded (or action which is acceptable in lieu of payment) ;
5. The reason for that demand ;
6. Notification that if payment isn't received (or remedial action completed) within a specified period (I suggest 21 days) that legal proceedings will be commenced without further notice.
To avoid any possibility of Fred Bloggs telling the County Court that he never received your letter, it's wisest to send it by Royal Mail's 'Signed For' service, even if Fred Bloggs only lives next door to you.
If your letter doesn't result in the matter being resolved, you'll probably need this web link:
https:/
Thank you ):
I am writing the letter now. It took me a while to find his address on the Internet as it isn't on his invoice or business card.
When I say what he has to put right do I have to list everything or just 'rectify the problems'? And can I say it has to be done to my satisfaction or adequately? In other words who's standard take priority?
He is definately turning out to be the carpet fitter from hell for sure. He seemed such a nice genuine bloke too.
I have a friend that has asked him to go to her house for a quote and I will give him the letter then. Should I also send it to what we think is his home address as well?
The tenants are still there but have not been any trouble of late. I am hopeful it will remain that way but still wish someone else would manage it for me. I am too soft.... Some say soft in the head but that's another story lol
Once again thank you for your help.
I am writing the letter now. It took me a while to find his address on the Internet as it isn't on his invoice or business card.
When I say what he has to put right do I have to list everything or just 'rectify the problems'? And can I say it has to be done to my satisfaction or adequately? In other words who's standard take priority?
He is definately turning out to be the carpet fitter from hell for sure. He seemed such a nice genuine bloke too.
I have a friend that has asked him to go to her house for a quote and I will give him the letter then. Should I also send it to what we think is his home address as well?
The tenants are still there but have not been any trouble of late. I am hopeful it will remain that way but still wish someone else would manage it for me. I am too soft.... Some say soft in the head but that's another story lol
Once again thank you for your help.
>>> It took me a while to find his address on the Internet as it isn't on his invoice or business card
Well that's dodgy for a start! The Business Names Act 1985 states:
"This Act applies to any person who has a place of business in Great Britain and who carries on business in Great Britain under a name which . . . in the case of an individual, does not consist of his surname without any addition other than one so permitted . . .
A person to whom this Act applies shall . . . state in legible characters on all business letters, written orders for goods or services to be supplied to the business, invoices and receipts issued in the course of the business and written demands for payment of debts arising in the course of the business . . . in the case of an individual, his name, . . . and . . .an address in Great Britain at which service of any document relating in any way to the business will be effective"
I suggest compiling a list of the problems separate to the main letter but to be included with it. Your demand can then state something like . . .
"TAKE NOTICE: I hereby DEMAND payment of the sum of X POUNDS as compensation for your failure to complete carpet-fitting work at this address to a satisfactory standard. (Details of the errors and omissions giving rise to this demand are to be found in the document which accompanies the demand).
FURTHER TAKE NOTICE: If the said sum is not received within TWENTY-ONE DAYS of the date of this letter (OR the work, as originally contracted, fully completed to a satisfactory standard) I will commence LEGAL PROCEEDINGS against you without further notice"
Well that's dodgy for a start! The Business Names Act 1985 states:
"This Act applies to any person who has a place of business in Great Britain and who carries on business in Great Britain under a name which . . . in the case of an individual, does not consist of his surname without any addition other than one so permitted . . .
A person to whom this Act applies shall . . . state in legible characters on all business letters, written orders for goods or services to be supplied to the business, invoices and receipts issued in the course of the business and written demands for payment of debts arising in the course of the business . . . in the case of an individual, his name, . . . and . . .an address in Great Britain at which service of any document relating in any way to the business will be effective"
I suggest compiling a list of the problems separate to the main letter but to be included with it. Your demand can then state something like . . .
"TAKE NOTICE: I hereby DEMAND payment of the sum of X POUNDS as compensation for your failure to complete carpet-fitting work at this address to a satisfactory standard. (Details of the errors and omissions giving rise to this demand are to be found in the document which accompanies the demand).
FURTHER TAKE NOTICE: If the said sum is not received within TWENTY-ONE DAYS of the date of this letter (OR the work, as originally contracted, fully completed to a satisfactory standard) I will commence LEGAL PROCEEDINGS against you without further notice"
Well so far the letter before action has had the effect of firing a rocket up his backside.
His wife signed for the letter this morning and he phoned this afternoon to say he can go and fix the carpet next Tuesday.
Now all I have to do is make sure he does a proper job and not bodge it again. TBH it is beyond repair and needs replacing. If he had fixed it in the first place it wouldn't have got this bad.
His wife signed for the letter this morning and he phoned this afternoon to say he can go and fix the carpet next Tuesday.
Now all I have to do is make sure he does a proper job and not bodge it again. TBH it is beyond repair and needs replacing. If he had fixed it in the first place it wouldn't have got this bad.
The continuing saga of the carpet.
Letter before action sent.
Phone call from him. He was sorry for not getting back to me, he doesn't check his emails.. blah blah blah.
He went to the property and stretched the carpet under the doorplate but damage was still there including a long snag line. He said he would return with a larger door plate and fix the other problems and if he couldn't he would replace the carpet. Yipeee
He returned again with a larger doorplate, slapped it down, butchered the snag line so it is worse and left. Because of not fixing properly another snag line has appeared.
I sent him another letter before action setting out what I now expected and why.
His reply is that the damage is wear and tear and I should have told him before and not left it so long.
I have penned my reply to him with the reasons it is not wear and tear.
He was informed of the damage less than three months after fitting, that had he not ignored the problem it could have been fixed earlier, that he admitted the door plate was not large enough and that he would replace the carpet if the damage couldn't be rectified. I also pointed out the email on his business card is not the same as the one he uses and there are no contact details on his invoice.
I don,t think he will replace it so in anticipation of his refusal should I wait the full twenty one days to get someone else in or do that when he says he won,t fix it? Thanks.
Letter before action sent.
Phone call from him. He was sorry for not getting back to me, he doesn't check his emails.. blah blah blah.
He went to the property and stretched the carpet under the doorplate but damage was still there including a long snag line. He said he would return with a larger door plate and fix the other problems and if he couldn't he would replace the carpet. Yipeee
He returned again with a larger doorplate, slapped it down, butchered the snag line so it is worse and left. Because of not fixing properly another snag line has appeared.
I sent him another letter before action setting out what I now expected and why.
His reply is that the damage is wear and tear and I should have told him before and not left it so long.
I have penned my reply to him with the reasons it is not wear and tear.
He was informed of the damage less than three months after fitting, that had he not ignored the problem it could have been fixed earlier, that he admitted the door plate was not large enough and that he would replace the carpet if the damage couldn't be rectified. I also pointed out the email on his business card is not the same as the one he uses and there are no contact details on his invoice.
I don,t think he will replace it so in anticipation of his refusal should I wait the full twenty one days to get someone else in or do that when he says he won,t fix it? Thanks.
Thanks for your posts.
A court won't rule in favour of you unless it's entirely clear that the carpet fitter had reasonable time to remedy the matter before legal proceedings were commenced against him. Therefore I advise waiting until it's clear that he's not going to put things right. (Also, if you do instigate proceeding against him, you'll need to know the cost of employing someone else to remedy his errors, as it will be that sum which you'll be claiming. So you can't start a claim until you've either had the remedial work done or, at the very least, got some quotes for doing it).
A court won't rule in favour of you unless it's entirely clear that the carpet fitter had reasonable time to remedy the matter before legal proceedings were commenced against him. Therefore I advise waiting until it's clear that he's not going to put things right. (Also, if you do instigate proceeding against him, you'll need to know the cost of employing someone else to remedy his errors, as it will be that sum which you'll be claiming. So you can't start a claim until you've either had the remedial work done or, at the very least, got some quotes for doing it).
Thanks Chris,
Time line so far.
1st Feb carpet fitted.
22nd April informed him of the problem with photographic evidence- no reply
Emails sent over three months- no reply
Managed to speak with him July - he said he would return to fix - he didn't
Emails sent to remind him - no reply
Sept 22nd letter before action with photographic evidence
Phone call from him - he's sorry forgot, doesn't check emails will fix no problem.
4th Oct - he attend property and tucks carpet under doorplate, will return with larger one, fix snag line or replace.
13th Oct - returned with larger doorplate (not fitted very well), made snag line worse.
14th Oct another letter before action sent with photographic evidence setting out what the continuing problem is and asking for remedial action in the form of replacement.
16th Oct he emailed to say it is wear and tear. I should have contacted him sooner so basically not his problem.
Do I just wait until the 21 days are up? His last line is 'I await your response should you wish to take this further' I have a reply ready to send with the reasons it isn't W&T etc and that I expect him to replace it.
Time line so far.
1st Feb carpet fitted.
22nd April informed him of the problem with photographic evidence- no reply
Emails sent over three months- no reply
Managed to speak with him July - he said he would return to fix - he didn't
Emails sent to remind him - no reply
Sept 22nd letter before action with photographic evidence
Phone call from him - he's sorry forgot, doesn't check emails will fix no problem.
4th Oct - he attend property and tucks carpet under doorplate, will return with larger one, fix snag line or replace.
13th Oct - returned with larger doorplate (not fitted very well), made snag line worse.
14th Oct another letter before action sent with photographic evidence setting out what the continuing problem is and asking for remedial action in the form of replacement.
16th Oct he emailed to say it is wear and tear. I should have contacted him sooner so basically not his problem.
Do I just wait until the 21 days are up? His last line is 'I await your response should you wish to take this further' I have a reply ready to send with the reasons it isn't W&T etc and that I expect him to replace it.
"Sir
I acknowledge receipt of your email of 16 October 2016, stating that you deny responsibility for the problems with my carpet, citing 'wear and tear' and stating that I should have contacted you sooner.
I point out that:
(a) I advised you of the problem on 22 April 2016, less than 12 weeks after you fitted the carpet ;
(b) you did not respond to that communication ;
(c) I then repeatedly emailed you about the matter, again without response ;
(d) when I managed to make contact with you in July, you promised to carry out remedial work but failed to do so ; and
(e) your business paperwork (such as your invoice) does not show your address, as required by law [Business Names Act 1985], making contact with you extremely difficult until I found your address by other means.
TAKE NOTICE that unless I receive an IMMEDIATE response from you, followed by PROMPT and EFFECTIVE action to FULLY remedy the problem which I have advised you of, I will commence LEGAL PROCEEDINGS against you (as stated in my previous letter) WITHOUT FURTHER NOTICE.
Yours"
I acknowledge receipt of your email of 16 October 2016, stating that you deny responsibility for the problems with my carpet, citing 'wear and tear' and stating that I should have contacted you sooner.
I point out that:
(a) I advised you of the problem on 22 April 2016, less than 12 weeks after you fitted the carpet ;
(b) you did not respond to that communication ;
(c) I then repeatedly emailed you about the matter, again without response ;
(d) when I managed to make contact with you in July, you promised to carry out remedial work but failed to do so ; and
(e) your business paperwork (such as your invoice) does not show your address, as required by law [Business Names Act 1985], making contact with you extremely difficult until I found your address by other means.
TAKE NOTICE that unless I receive an IMMEDIATE response from you, followed by PROMPT and EFFECTIVE action to FULLY remedy the problem which I have advised you of, I will commence LEGAL PROCEEDINGS against you (as stated in my previous letter) WITHOUT FURTHER NOTICE.
Yours"
Spoke with the carpet fitter today and he is blaming the tenants pet dog (and a cat they don't own) for the damage.
He has 'very generously' offered to replace the carpet with a better quality one than the original if I pay half the cost of the carpet and he will fit it for free.
Quite frankly I don't see why I should pay half the cost for a carpet (better quality or not) that I have already paid for.
I have asked him to email me his proposal and that I will get back to him indue course.
Although it is probably difficult to say how these things will go in court, is it really worth my bother taking it further? Or should I just cave in and pay half again towards a carpet I should have had already?
Thank you
He has 'very generously' offered to replace the carpet with a better quality one than the original if I pay half the cost of the carpet and he will fit it for free.
Quite frankly I don't see why I should pay half the cost for a carpet (better quality or not) that I have already paid for.
I have asked him to email me his proposal and that I will get back to him indue course.
Although it is probably difficult to say how these things will go in court, is it really worth my bother taking it further? Or should I just cave in and pay half again towards a carpet I should have had already?
Thank you
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