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Any Legal Experts on Here re Sale of Goods Act
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07-28-2012, 02:55 PM | #1 |
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Any Legal Experts on Here re Sale of Goods Act
My saga with the roof people continues however I'm struggling to find one piece of information.
That is in terms of lega standing if the sale of T&S simply state I must allow them to rectify the problem can the firm force me to pay for investigation work and make me arrange all the things to prove there is a fault. Basically the soffits after two years are loose. Its obvious as oon as you toucht them or when the wind blows. But firm director is a cnut and refuses even to get of this back and come on my propety to have a look they are 10 minuts drive from my house. Had one surveyor who they refuse to accept the report. But just been over their office T&C for the 10 year gurantee on labour and nothing no mention of what they are making me do. What I need to do is find out legally if its up to them to inspenct and resovlve. Been going through many websites but none clearly indicate where it stands on onwership of proving if there is a fault or not when a customer deems there is one thanks
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07-28-2012, 03:03 PM | #2 |
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Write to them setting out your issues and how you want the issue rectified.
If they do not respond or say feck off take them to the small claims court if under £5k. Do it on line - dead easy and cheap -they can not claim their costs from you. I assume your surveyors report supports you. They will have to put in a defence or concede. Most companies concede and pay your reasonable costs ie the cost of the claim, the cost of the on line application, postage etc and your surveyor costs. |
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07-28-2012, 03:05 PM | #3 |
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The average person would expect replacement soffits to last longer than 2 years. The supplier re-iterates this by offering a 10 year warranty on their materials and workmanship.
I would suggest one strongly worded letter sent recorded delivery, setting the timeframe for remedy. An acceptable timeframe IMO would be 1 month. Note that failure to perform will result in the matter being placed in "outside hands". If they fail to respond positively to your letter, http://moneyclaim.gov.uk for the full amount originally paid for the work. They can then argue with the court rather than with you for financial elements of the claim. |
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07-28-2012, 03:06 PM | #4 |
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might have to try this mall claims but need to also get a legal understanding on where I Stand with having to get to do the leg work and surveyors as its a pita finding one. Had one do the report all good in my favour as his a quanity surveyor they turne around thats not good enough has to be a building surveyor.
Even though these guys are listing as "Building Disputes and Expert Witness Work" total joke its bloody roof facvias £2000 worth of work it would be sorted by now.
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07-28-2012, 03:08 PM | #5 |
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Will you home insurer maybe help out? You probably have legal cover.
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07-28-2012, 03:10 PM | #6 |
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hmm.. Would seem strange that a quantity surveyor would write a report on building matters.. What you are looking for is someone who is RICS registered (Chartered Building Surveyor)..
They can pay for their own survey to contest it, hence why you need your chap to be industry recognised. A chartered surveyor is not going to argue unnecessarily with someone equally qualified. It will become an issue for their institute and one is likely to become delisted :-) |
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07-28-2012, 03:11 PM | #7 |
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thanks I might give my house insurnace a call as wehave legal as I really want to find outwhere I stand in regards to having to prove the fault. If it comes out ownership legally is on them makes my case stronger and I can also throw in some additioanl ammo on the case. If not then I will redo the report using abuilding surveyor and hit them then on legal.
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07-28-2012, 03:17 PM | #8 |
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Good luck!
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07-28-2012, 03:44 PM | #9 |
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If the Quantity Surveyor was a Chartered Quantity Surveyor and he gave you a report on the condition of the work then he was fully authorised and qualified to do so no need for a Chartered Building Surveyor as the RICS has only one qualification - Chartered Surveyor. But the RICS has quite a few separate divisions - e.g. QS, Building Surveyor, General Practice surveyor (e.g. some Estate Agents), Marine, Land, etc.
Building and Quantity surveyors are the main types for construction work and both are equally qualified to comment on work detailed in the OP's post. |
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