If you’ve had work done at home and there’s a problem caused by the trader you are protected under either the Consumer Rights Act or the Supply of Goods and Services Act 1982, depending on when the work was undertaken.

Under the Consumer Rights Act, which came into force on 01/10/2015, consumers entering into a contract for goods and services should expect work to be undertaken with “reasonable care and skill”, and materials should also be of satisfactory quality, as described and fit for purpose.

If the trader provided goods in addition to the service, you are legal entitled to ask the trader to fix the problem. If the trader just provided the service, you are legally entitled to get a refund and stop the trader from carrying out any further work.

What to do next:

1. Obtain estimates from other traders.

2. Request that original trader fixes the work and provide them with the estimates obtained. You will need to agree a final date for the work to be completed. You should make it clear that if they do not complete the work you will appoint an alternative trader and seek the additional costs incurred from them. You must give the trader the opportunity the opportunity to rectify their work within a reasonable time frame, if you do not and proceed to instruct an alternative trader to complete the works this could affect any claim you make.

3. Collect evidence in support of the claim for poor workmanship i.e. photographs. Should you proceed with a formal claim an expert’s report may be required to provide an independent assessment. Keep copies of all documents and correspond by email where possible in order to obtain an accurate record of communications

4. If the trader cannot or will not fix the problem you can ask for a full or partial refund, once an agreement has been reached the refund must be paid within 14 days.

If you withhold any monies owed this could make you in breach of contract, enabling the trader to take legal action against you.

If you are unable to reach an agreement other options available are Alternative Dispute Resolution or proceedings with a formal claim

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough and assist with cases all over the UK.

Nobody wants to get embroiled in a contract dispute. It is essential that when entering into any contract the correct advice is obtained to minimise any damage to you or your business. The contract itself should be clear an unambiguous as this will make it easier for the injured party to seek redress if the need arises.

A contract dispute arises when one party believes that the other has not adhered to some or all of the obligations set out and agreed between the parties. This can involve a failure or refusal to pay on the grounds that one party has failed to perform its obligations by supplying defective or incomplete goods or services.

If the terms of a contract are broken this is known as a breach of contract. Various remedies are available but the most common are:

1 - Damages – an award of damages is the usual remedy. The purpose of damages is to put the injured party into the same financial position they would have been in had the contract been performed correctly.

2 - An order will be made by the court requiring a party to perform a positive contract obligation, that is to do something that should have been done under the contract itself).

3 - Injunctions – this is a court order requiring a party to take specific steps or restraining them from certain activities. An example would be to prevent them from contacting a customer or supplier or from publishing a false or defamatory comment.

4 - Recission – this is setting aside a contract where the parties are put back into the position they were before the contract was made. This may be available where the contract was agreed as a result of misrepresentation, mistake, duress or undue influence.

5 - Rectification – this only applies to written contracts and its main purpose is to put right a genuine mistake made between orally agreeing terms and recording those terms into a written contract.

We can offer expert advice in both drafting contracts in an effort to protect you from pitfalls at a later stage and dealing with any disputes that arise as a result of a breach that has occurred.

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough and assist with cases all over the UK.

Summerfield Browne Solicitors has now represented numerous clients of the notorious business rate company RVA Surveyors.

Our latest victory is mentioned in the article below.

https://www.mirror.co.uk/news/uk-news/forgery-misrepresentation-big-bills-welcome-17795690

We are now asking for victims of RVA Surveyors to come forward with a view to bringing a group action against the company.

Legal action is being planned against RVA Surveyors in relation to the contracts that they have allegedly entered.

Our dedicated web page below gives details of how we can help and a contact form for you to leave your details.

Proposed group action against RVA Surveyors

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough and assist with cases all over the UK.

We had great news yesterday for one of our clients who was embroiled in a bitter battle with RVA Surveyors. They had taken her to court in relation to an unpaid invoice and the case was heard in the Yeovil County Court.

Our client’s barrister successfully argued that the agreement that RVA Surveyors was relying on was void and the Judge sided with our client. The Judge rescinded the contract, and this means that our client will no longer have to pay any more of RVA Surveyors’ invoices. In our client’s case this means that she will not have to pay years’ and years’ worth of invoices. This alone would have been fantastic news for our client, but our client was also awarded legal costs.

RVA Surveyors are based in Manchester but we understand that businesses up and down the country have been targeted by this company.

If you find yourself in a dispute with RVA Surveyors and want urgent legal advice regarding county court proceedings, we have a team of legal professionals that are ready to assist. Business rates relief is there to benefit small businesses and was NOT put in place to benefit companies like RVA Surveyors.

Contact our team on 01858 414284 or email enquiries@summerfieldbrowne.com

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.

Are you a letting and managing agent with client landlords who are in rent arrears? If so you will need to think about how to assist your client landlord, otherwise you may be in breach of contract with them.

There are in general two options for a landlord, namely obtaining possession of the property and/ or recovering the rent arrears. In order to seek possession of the property it is necessary to serve Notice seeking possession of a property let on an Assured Shorthold Tenancy under section 21 Housing Act 1988, on the tenant stating that they must vacate the property by a certain date.

If the property is not vacated within the specified timescale then the landlord will need to instigate appropriate action for a claim in the County Court for possession of the property together with an order for payment of the arrears that are due. We can assist letting and managing agent’s client landlords with this service at a very cost effective fee structure.

Contact our property dispute team on 01858 414284 or email enquiries@summerfieldbrowne.com

Summerfield Browne have offices in Leicester, Birmingham, London, Oxford, Cambridge and Market Harborough.