Remedial works can sometimes lead to disputes, but the Consumer Rights Act 2015 is there to protect you. Here’s how we helped advise a member to recoup their loss.
During the spring of 2020, Which? member Dave instructed a local trader to carry out partial re-roofing works to his property.
Shortly after these works were completed, Dave noticed the gutters had started to overflow. The company returned to carry out remedial works, but this didn’t rectify the problem.
On inspecting the guttering, Dave suggested there might be an issue with its alignment following the re-roofing works. The trader dismissed his request to perform further remedial work and instead only offered to resolve the problem by installing a completely new guttering system at further cost.
Dave did not feel he should have to pay for any remedial works or unnecessary improvements, and he contacted Which? Legal for advice on how to move forward with the issue.
Reasonable care and skill
Under the Consumer Rights Act 2015, where a service is not provided with reasonable care and skill, the trader is given one opportunity to put things right.
This legal remedy of ‘repeat performance’ is to be carried out within a reasonable timeframe and with the trader bearing all necessary costs. Dave had already allowed the trader to resolve the issue to no avail. This meant Dave could now instruct another company to carry out the remedial work and look to recover the costs from the trader.
We advised Dave to set out his legal position to the trader, requesting payment of the additional costs he was due to incur in having another company carry out the remedial works.
When the trader failed to respond, Dave commenced a court claim using the government’s Money Claim Online system (moneyclaims.service.gov.uk) in order to recoup his loss. Two days after initiating the claim, the trader contacted Dave and agreed to pay his claim in full, including his court fees and interest.
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