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  1. #1
    KitchenNightmare's Avatar

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    Default Taking kitchen company to small claims court

    I have been waiting for over a year for my 'new', 'fitted' kitchen to be finished. There has been a catalogue of problems since day one (17 April 2014). I have emailed, phoned and now finally written two serious, pre-court letters both sent by registered mail. All of which have been ignored. I am ready to file. However, I do not understand the: PRACTICE DIRECTION – PRE-ACTION CONDUCT.
    Have I done enough to file? Do I have to tell the company how much I am claiming? (I haven't even reached a figure yet as I am unsure what is reasonable. I just want them to finish it - to my satisfaction!)
    But if it's a figure they need, I am going on a) Cost of outstanding materials; b) How much the rest will cost to fit; c) Days taken off work (am self-employed); d) Cost of an electrician to fix their botched attempts; e) any compensation.
    Can anyone advise?
    Thanks x

  2. #2
    stevemLS's Avatar

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    Default Re: Taking kitchen company to small claims court

    Can you post up your two pre-action letters (why two?)

    You do need to come to a value, your heads seem reasonable, just be aware that "compensation" will be nominal if at all.

  3. #3
    KitchenNightmare's Avatar

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    Default Re: Taking kitchen company to small claims court

    Quote Originally Posted by stevemLS View Post
    Can you post up your two pre-action letters (why two?)

    You do need to come to a value, your heads seem reasonable, just be aware that "compensation" will be nominal if at all.

    I wanted to make sure that I had exhausted every avenue/given them enough information and time to resolved this situation with me. (And was reading differing websites and hearing varying advice!)

    Wasn't sure I should mention an amount (I actually thought they might respond to discuss!?)
    Don't want to be unreasonable - just what it will take to get it done right.

    Thank you for taking the time and interest!

  4. #4
    stevemLS's Avatar

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    Default Re: Taking kitchen company to small claims court

    Have a look at the Practice Direction on pre-action conduct and in particular Annexe A which sets out what an LBA should contain.

    http://www.justice.gov.uk/courts/pro...on_conduct.pdf

    In my view, neither of your letters satisfy those requirements.

    Whilst I appreciate that having this type of hassle will be the last thing you needed at what sounds an awful time for your family, it is irrelevant to your claim, so I would not mention that at all.

    Normally you would only send one LBA and mean it. So, if no satisfactory response received you issue proceedings, you don't say you will take advice or whatever, you just get on with it.

    Lots of people find it convenient to use the sub-paragraphs in Annexe A 2.1 as headings entering the relevant bits below.

    Hope that helps.

  5. #5
    KitchenNightmare's Avatar

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    Default Re: Taking kitchen company to small claims court

    Quote Originally Posted by stevemLS View Post
    Have a look at the Practice Direction on pre-action conduct and in particular Annexe A which sets out what an LBA should contain.

    http://www.justice.gov.uk/courts/pro...on_conduct.pdf

    In my view, neither of your letters satisfy those requirements.

    Whilst I appreciate that having this type of hassle will be the last thing you needed at what sounds an awful time for your family, it is irrelevant to your claim, so I would not mention that at all.

    Normally you would only send one LBA and mean it. So, if no satisfactory response received you issue proceedings, you don't say you will take advice or whatever, you just get on with it.

    Lots of people find it convenient to use the sub-paragraphs in Annexe A 2.1 as headings entering the relevant bits below.

    Hope that helps.

    Hi Steve - many, many thanks for your response (sorry, have only just seen it)! Much appreciated.

    So, I should write another letter using the Annex A guidelines you mentioned? And state clearly that I want the kitchen finished or I want to money to pay someone else to finish it (and give estimated figure)? Plus the money I already spent to rectify some of their work.
    I've been advised by the Citizens Advice Bureau to get some (three) quotes for how much it will cost to finish the kitchen.

    I won't mention anything else. But I want to point out that this has been going on for over a year.

    Thanks again.

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