Potentially being taken to court. What should I do?

[hammers4spanner]

I know what you mean everyday is people pushing for more and more quizzing everything and armed with google.
May wrap this up if i tind the right job

 

[Ric2013]

You mean 'good practice', not 'good practise'.

I agree with what others have said about not admitting fault. It sounds as if you are accepting that you caused this damage, and we do not know that to be the case for a fact.

I think it would be worth making it clearer that when you left the site, the work was complete and there was no leak evident and that you left on good terms, so it seems odd that they did not want to let you in the house again. As, had I not heard the background, I might assume from that letter that you had left an evident fault or had argued before leaving the site.

Taking YorkshireDave's advice and mixing it with my ideas, I would be inclined to change that first paragraph to something more like:

I made a 'no fault and without prejucide' offer of £150 as a goodwill gesture. I believe this was a fair offer under the circumstances: I was not given an opportunity to inspect, or allowed to repair, the leak you claim I have caused, and was not even made aware that there had been a leak until after you had had it rectified by a third party.

 

[armyash]

Will rewrite this evening with all points taken on board and run by you all. Will try and keep it short. Thanks

 

[Best]

Will rewrite this evening with all points taken on board and run by you all. Will try and keep it short. Thanks

Armyash, expect to do several drafts before you get it reading properly.

 

[armyash]

Hello everyone, I hope you are all enjoying your weekend. Its taken me longer than expected to get the letter finished.

Here is another letter, I have taken in to account the points you have all made (which I really do appreciate) and edited the letter accordingly. As already pointed out the letter is quite long but I dont know what to take out because to me it all sounds relevant, if anything I could make it longer! As you all read this you will see the info different to me so whatever may seem irrelevant or needs changing, im open to criticism so hit me.


Dear Ms

Thank you for your letter dated 16.9.18, as requested please accept this letter addressing the points you have raised.

I made a 'no fault and without prejudice' offer of £150 as a goodwill gesture. I believe this was a fair offer under the circumstances: I was not given an opportunity to inspect, or allowed to repair, the leak you claim I have caused, and was not even made aware that there had been a leak until after you had had it rectified by a third party.

Having spoken at some length with those you engaged to rectify the issue, they confirm they advised you to ask me back to rectify the issue. They made a point of explaining that you stated your wish was to take me to court to get the money without making me aware of the issue first. This conversation was recorded and I shall be providing transcripts at disclosure.

I have taken legal advice and I have been told I should have been given the opportunity to rectify the fault within a reasonable time frame. This is called 'repeat performance'. If you didn't want me in the property then I still should have been made aware of the problem and a chance to discuss repairs and come to an agreement. I still hope to resolve this matter amicably but I feel what I have offered is more than fair considering everything.


The first I heard of the matter was when I spoke to Mr... (of adress...) on 11th May 2 months after the toilet was fitted. I asked why was I not asked to make any repairs and he said it was because you didn't want me in the property. If you didn't want me in your property to carry out the repairs I still should have been made aware a repair was needed and given the chance to discuss repairs to be made by another plumber. That never happened, Mr... Said its a case of hand over the sum £300 or you will take me to court. I asked for time to get back to him. This caused me considerable distress as I felt I was being blackmailed.

This is the first correspondence from yourself in the 6 months since I fitted the toilet. All other discussions have been between myself and your partner Mr... who said you didn’t want me to do the repairs.

The toilet was not fitted in a faulty way. It was connected to the existing plumbing and the pan fixed using the designated fixing points on the pan. I had no reason to expect there to be heating pipes under the tiled floor as there had just been a pan fitted there previously and it is not good practice to fit pipes where a pan will need to be fixed. There was no sign of a leak as I fitted the toilet and when I returned a few days later to board up the cavity wall there was still no sign of a leak. There is no realistic way I could have checked for pipes being there.

Not a big deal but for any other correspondence I'd like to make you aware that my surname is... and not...


Yours sincerely

 

[Welder]

Send it

 

[rpm]

Reads good to me ash however I would keep the pig waiting until near the deadline she gave you.
Think she did this but haven't read back tbh.

 

[armyash]

Reads good to me ash however I would keep the pig waiting until near the deadline she gave you.
Think she did this but haven't read back tbh.

I have a few days left so it will be going in the post tomorrow.

 

[armyash]

Send it

As suggested, I will add on to the letter how when i finished the job we parted on good terms and she was happy with the work completed so I don't understand why she wouldnt have me back.

good idea?

 

[Harvest Fields]

And when you do send it. Make sure that it is recorded delivery, emailed or both.