Victorian Plumbing or Labourer issue - how can we resolve this

[BankFodder]

It sounds quite a lot like consequential loss but in this case I think it could be recoverable.

The interesting thing here is that Victoria plumbing apparently have agreed that there is a fault although they say that it is a manufacturers fault and presumably they are trying to say that the manufacturer is liable.

In fact if Victoria plumbing have supplied a faulty item then I would say that they are liable for all of the losses which are the direct and foreseeable result of their breach of contract.
It's absolutely foreseeable that a bath would be fitted, and that if it was faulty it would have to be refitted or replaced and refitted and that this would incur additional costs.

The most important thing here is to try to get it on record that Victoria plumbing have admitted that there is a fault with the bath.

What precisely is the fault? Is it visible?

And as a general warning, there are often problems way you purchase something from one company hadn't have it installed by somebody else. It always gives an opportunity for each party to try and pass the buck onto the other party and you end up as the piggy in the middle.

Do you have evidence that Victoria plumbing have agreed that there is a fault? If not then you need to think about how to get them to admit it on a telephone recording for instance. Read our customer services guide

[BankFodder]

By how much are you out of pocket on this?

This means, how much are you out of pocket by the time you have subtracted the price which you originally agreed to pay for the bath and for the work.

Please list it out in tabulated form

[BankFodder]

I did ask you to set out in tabulated form but you haven't done that.

Do I gather that if you manage to recover £400 that you would then be out of pocket by exactly the amount you originally agreed to pay and you would have a satisfactory bottom in place?

In other words would recovering £400 set you at zero?

[BankFodder]

I'm worried that you only think that 400 is the outstanding amount.

 

From whom are you withholding the 400 pounds?

[BankFodder]

And could you just tell us once again why you are withholding the money from the plumber

[BankFodder]

In what way did he imply that the fitting would be free ?

 

In the end, I understand that it only took him one day to complete the installation. Is this correct

[BankFodder]

Thank you. First of all the entire liability lies with Victoria plumbing and your claim is against them for whatever losses you might have suffered.

 

 

As to bringing an action. You will have to show that you have suffered a loss and that means that you will have to produce some kind of receipt to show that you have paid the plumber something.

 

In terms of the liability to the plumber, although no price may have been discussed, it is clear that he would expect to be paid and in any normal circumstances he would be paid. Where a price had not be an agreed then a reasonable price would be implied.

 

My own personal view is that it is not the fault of the plumber and to withhold money from him not only would be very unfair but would also be a breach of contract.

If your plumber came here and asked us for help we would advise him to claim against you, seeking a reasonable price for a days work and I am absolutely certain that we would win against you.

 

You will not be able to claim  against Victoria plumbing unless you pay the plumber first.

 

If you think that 400 pounds is too much for a day's work then you should work out a reasonable price with him and pay him the money and get receipt and then we will help you claim it from Victoria plumbing.

 

Once you have evidence of your payment to Victoria plumbing then we will help you make the claim and I am certain that you will win. They would be foolish to resist and they would probably be put their hands up, but if they forced you to court then I expect that you would have a better than 90% chance of success.

 

In any event, the plumber deserves to be paid

[BankFodder]

I really don't understand what is happening here. You came to this forum asking how you could resolve this and we have explained how you can achieve this.

Now you have come back again raising all sorts of objections as to why you don't think you can.

I think you need to make up your mind about this and then start taking control. If that's what you want

[BankFodder]

Tell us about the circumstances of the refund and any communication relating to it

[BankFodder]

Did the refund they give you equal exactly your Outlay or did they give you anything on top by way of compensation

What about the Faulty bath? How was that disposed of

[BankFodder]

In other words, Victoria plumbing did no more than they were obliged to do by law anyway, which was to give you a refund of the item.

This means that they gave no additional consideration for the promise that it would be in full and final settlement.

 

I don't think there was anything to stop you proceeding for the rest of your expenses which were reasonably incurred.

What about the plumber, have you paid him yet

 

[BankFodder]

Okay. Come back here when that part is sorted out. If it goes to court you will need to produce an invoice and a receipt for the money and may be evidence of payment.
Of course it will need to predate your letter of claim

[BankFodder]

Now is the time to send a letter of claim to Victoria plumbing.

Post a draft of it here before you send it off.
Be absolutely certain that after you have given 14 days, day 15 you will have to click it off and begin the court action.

You will be claiming whatever sum of money you have incurred in excess of the original expected cost of the bath and its installation.
I understand that you are out of pocket by £400 and so that will be the value of the claim.

 

[BankFodder]

I hope you that you appreciate that when you leave such a long gap between posts, then we have to work extra hard to go through the thread and to remind ourselves of what has happened.

This is generally speaking because we are so involved dealing with other people who engage with this thread  rather more fully, that we tend to feel that you have probably given up.

Please do remember that we are helping you free of charge and any money that you recover is yours to keep.

I think that it is 3 months since you last posted and then disappeared

The letter of claim looks fine except that you end up simply saying that you anticipate that you will bring a claim.

Truly doesn't sound very certain. If you are going to bring a claim at the end of 14 days then say so. Don't give anybody the idea that you might bring a claim but you haven't fully decided yet.

If you really still aren't certain about whether or not you will bring a claim on day 15 then don't send this letter.