Customer won't give us a chance to rectify problems.

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Birmingham
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For the first time in 12 years we've had a call from a customer who isn't happy with our work. We did a job about 4 years ago. New fascias, point a chimney and an EPDM roof.

We've been back twice to see her for some minor issues but now she is saying all the mortar is coming out of the chimney.

I've put my hands up and apologised and said i'll get everything she doesn't like re-done at no cost to her.

She's said there is no way i'm doing it, she has had a roofie around who she likes and wants to use who's slated our work and she want's him to do the chimney at a cost of £600 and for us to pay the bill.

It's my fault for not checking the work who was done by a lad who has since left the company.

Nevertheless I've offered to repoint it, even rebuild it at no cost to her and rectify any other things she doesn't like until she is 100% happy.

She said she will take me to the small claims courts to get the £600 out of me. I think it's unfair i'm not given a chance to rectify it first, no matter how badly it was done. :(
 
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As far as I know she has too give you the chance to rectify any problems if this is the first time,she should also have put this in writing giving you a full explanation for her reasons.Pointless taking you to court if she has not even given you a chance .i could be wrong never been there but I am sure she has to give you a chance
 
She has to give you the Chance to put it right, she hasn't got a leg to stand on if she doesn't.
 
Four years ago? Tell her where to go.
 
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Not sure why people think it is ok to get a second chance to do a job that should have been done right in the first place. Pointing is expected to last longer than four years joe.
 
because consumer law stipulates that a chance is given to put right any problems. If in this case as it seems she hasn't or wont give you the chance then she has no claim, put ur offer to rectify the work at no cost to herself in writing though.
 
Theres not a lot she can do if she hasnt given you the chance to rectify any of the works.
Personally I would draft a letter stating this.

Regarding the other roofer, its easy to slate other peoples work, just put it in writing that you have offered to redo the works at no cost.
 
MW, you would be wise not to admit any liability (and alter your post).

You can see where this is going, so I would draft a letter to her (recorded delivery) stating that you are prepared "as a gesture of goodwill and without prejudice" to repoint the chimney (and any other work you see fit), at no charge and at her convenience.

Make the necessary conciliatory tones, but admit nothing.

Also state that you would expect a customer to give you the opportunity to do this work, and you do not agree with her getting this done by another builder, and especially without getting several quotes, and the figure mentioned is not reasonable. Mention that she was happy with the work initially and there have been no previous complaints

Alternatively, you could work out how much this would cost you, and offer to contribute that amount, as you think that is a reasonable reflection of market rates

In any agreement, be sure to use the "in full and final settlement" statement
 
Not sure why people think it is ok to get a second chance to do a job that should have been done right in the first place. Pointing is expected to last longer than four years joe.

Who says it is? What guarantee was given? I'd tell her where to go.

My chimney needs pointing so what?
 
You have been honest and fair....this will get you nothing but a kick in the balls with this type of customer.

Admit nothing. Ask her to prove she did not have other work done on it in the last four years since she accepted the work.
 
Under the 1982 Sale of Goods Act you have a right to a job done with reasonable skill and care. This does not mean perfection it has to be of the average for that trade or profession. I recall from somewhere that six years might be the limit for claims but in any event pointing should last much longer than four years.
As an example an acquaintance ( client) had a wall repaired the repair did not work, the client refused to pay, the builder took the client to the small claims court. I demonstrated that a cavity wall tray allowed water to penetrate to the interior. My price for remedying this defect included scaffolding, which the original builder had not used. My estimate and final account was a couple of hundred quid more than the original builders. The client counter claimed against the original builder who was paid nothing for his failed work and charged an additional two hundred as my final account. The client was not prepared to have the original builder back – it went to court and the original builder lost.
 

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