On 20 October 2015 at 11:33, [redacted] wrote:
20th October 2015
Clarity Home Improvements Ltd.
150 Squirrels heath Lane
Dear Mr. Verdi,
Re: Small extension to the rear of [redacted]
Because you have again stopped returning our calls, we find that we have no option but to advise you again in writing of the action we require from you and the subsequent action we intend to take if we do not obtain a satisfactory outcome.
As you know there were problems with the original building work that had been undertaken for us. [redacted] from Chelmsford building control inspected the work on 21st November 2014 and found that there were several problems with what had been built. He sent a report to you on 3rd December 2014 detailing what was required to bring it up to the required building regulations.
You made numerous promises to get a surveyor to come and look at the structure and draw up the appropriate plans. Eventually [redacted] came on 20th January 2015 and advised us that he would have the drawings ready for 28th/29th January 2015. When we spoke to you, you said that you had received the drawings and was sending them to [redacted]. We spoke to [redacted] on 16th February 2015 and he advised us that he had not received anything from you and that you still had not paid for his services. We have subsequently spoke to [redacted] and he has told us that he had not released the plans to you. To date it would appear that you still have not paid for [redacted]'s services.
On 9th June 2014 we contracted for this work to start at the beginning of September 2014, but when you came to inspect the job you advised that it would cost more than the original quote so a new agreement was drawn up and signed on 7th September 2014. You knew that we were due to go on holiday on 29th October 2014 and told us that it would not be a problem to build the extension and make it water tight before then, and that the internal work could then be completed whilst we was away, as we could arrange for someone to be there in our absence. The work eventually commenced on 17th October 2014. When the walls were built and the windows fitted we asked when the building inspector was going to come and look at it and you said that you would make the appropriate arrangements. Whilst we were on holiday, the wood for the roof was constructed but no arrangements had been made for the building to be inspected. We arrived home on 18th November 2014 and we discovered that we were no further forward than when we left.
On 18th December 2014 you promised that the skip that was on our drive would be removed before Christmas so that our guests would have somewhere to park. However, when we contacted the skip hire company, they said that they had not heard from you, so we tried to make arrangements ourselves, only to be told that it was too late for it to be collected before Christmas as they were fully booked. When they did come to collect it on 5th January 2015 they advised us that you had not paid for it to be collected, the driver contacted his office and they immediately tried to contact you by phone but to no avail. The only way they would take it away was if we paid £156.00, which we did as we had no other option other than to leave it where it was, which was very inconvenient as we could not easily access our garage. You still owe us £156.00 for this.
Whilst we appreciate that by the end of April 2015 you demolished the original structure, made the foundations acceptable to the Buildings Inspector, and built two walls with a window in each (please also remember that we have had a text conversation about the windows not being fitted properly). You have still failed to complete the extension we asked for.
It is now 5 months since a builder was on site and 12 1/2 months since you started the job.
Because of the delays we had second thoughts about the wood that would be over the doors and acknowledge that we asked for extra steel over the doors in order to have three courses of bricks above them. In the circumstances we therefore arranged for the drawings to be reworked and these were sent to you on 16th June 2015. You were also informed that we would be paying for the extra cost of the steel.
Over a week later on the 24th June 2015 you asked us if we had got a cost for the steels. It appears that you made the assumption that we was arranging for the steel to be fabricated, although where you got that idea from we do not know. You were given [redacted]'s contact details on 19th May 2015 (as you said that you were having trouble getting someone to make the steels quickly enough), so that you could speak to him about the steels. We are not knowledgeable enough to fully understand what was required so it was obviously better for you to talk to him as you knew what you needed. However we did arrange to have him price the work - he went out of his way to speak to the architect to ensure that all the measurement were correct. He also had men available to commence work within a few days. We sent you the costing on 9th July 2015 and you did not say anything about the price or payment arrangements until we were arranging for him and his men to meet with you on site, on 13th July 2015, you then said that the cost was too high and you could get someone to make them for almost half the price. We did expect you to speak to your contacts at the same time [redacted] was working out his price, to see how much they would charge for a price comparison - why didn't you?
We have taken legal advice and been advised that "The Supply of Goods and Services Act 1982 says that reasonable care and skill must be used while working". In our opinion, you did not use reasonable care and skill when you carried out this work and you have broken your contract with us.
We believe that we have been extremely patient and given you ample opportunity to complete the extension that we contracted to have built to the legally required standard. We have tried to speak to you on dozens of occasions over recent months but you never answer your phone or have the courtesy to return our calls or even send a text message.
You have made empty promises and misled us, giving us dates when work will be starting and failing to follow through, telling us you have arranged and paid for things that you haven't. We totally lost all confidence in your ability to have the work completed and to a satisfactory legal standard.
There is now no other option but to ask that you refund the full payments we have made to you £8,140, plus the £156.00 for the skip collection. We require this to be paid by Friday 20th November 2015. Please contact us as soon as possible, and no later than 14 days from the date on this letter to confirm that you will be refunding our money by bank transfer into our account [redacted] sort code [redacted] by the date specified.
If we do not hear back from you in the time requested above, we intend taking legal action, not only claiming for the refund detailed above but also for compensation, legal fees and interest for monies paid at 8%.
It is also our intention to sue you personally for professional negligence and the inconvenience and stress that you have caused us. We had no option but to rearrange our Christmas last year and the BBQ's that had been arranged for this summer, we have also lost the use of our garage and garden since you started the work, as well as the use of our patio door due to the breeze blocks that have been left in front of it. All due to you personally not keeping the promises you made.
To warn others about your service, we also intend to publicise your actions across the internet through websites and social media - whenever your name or company name (current or future) is searched for, the first result on all search engines (and likely 2nd and 3rd result) will include details of our action against you.
We look forward to hearing from you.
As of 20.11.15 Paul Verdi of Clarity Home Improvements has not responded - he was contacted through registered post, email and text message plus several unanswered phone calls