Victorian Plumbing or Labourer issue - how can we resolve this

[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

[kerrypops]

Thank you. Will do. 

[kerrypops]

Hi. We’ve made payment to the bathroom fitters and have an email from them confirming we have paid (along with our bank statement). Please could you advise what the next step is. Thanks 

 

 

[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.

 

[kerrypops]

Great. I’ll get one drafted thank you. I’ll reply when I’ve managed to draft it. 

[kerrypops]

Sorry, I'm being dim here.  Should there be a template I can access to draft the letter?  

 

Thanks 

 

[dx100uk]

no template but numerous threads here and in the building trade and or the postal forum.

 

[kerrypops]

Apologies that this has taken so long.  I've attached my letter for you to check over.  I'll be sending the invoice and evidence of payment too as mentioned in my letter. 

I appreciate all your help with this.

Thanks 

 

NAME AND ADDRESS HERE

 

Victorian Plumbing

(address)

 

Date

 

Dear Victorian Plumbing,

 

Letter before Claim: reimbursement of out of pocket costs due to faulty item

 

Order: xxxxx

 

Further to correspondence via email, this letter serves as a formal demand for payment of £200 for additional labour costs in replacing the faulty bath sent to us by your company on 09.01.2023.

 

We purchased the bath from Victorian Plumbing on 02.01.2023.  On initial inspection the bath appeared to have no obvious faults.  Once fitted, it was evident that the bath sloped towards the edge and resulted in pooling of water.  After sending video’s and pictures to Victorian Plumbing, you advised that this was indeed a manufacturing fault and the price of the bath was refunded.  We sourced a replacement bath, however, we are out of pocket for the cost of fitting the replacement bath (1 day labour cost at £200). I have attached a copy of the invoice received and confirmation that this payment has been made (via a screenshot from our bank statement). We are seeking a full refund of this payment.

 

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraphs 13-16 which set out the sanctions the court may impose if you fail to comply with the Practice Direction

 

As per my legal rights, I expect to receive a response to this complaint within 14 days, confirming that a full refund of my out of pocket expenses will be made.  Should I not receive a response to my letter within this timeframe then I anticipate that court action will be commenced with no further reference to you. 

 

Yours faithfully

 

 

XX

 

 

 

[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.

[kerrypops]

Thank you and apologies for the delay (I’ve had a lot going on and haven’t been able to focus on this). I appreciate your help. I’ll send the revised letter confirming I will take to court. 
 

many thanks 

Edited September 6, 2023 by kerrypops