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Start of official letter to other side.
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[If you know the person’s name]: Dear Mr Smith,
[If you do not know their name]: Dear Sirs,
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Background
Any relevant background information:
What was agreed between you?
What happened (in date order)?
Be specific and refer to any written or verbal agreements.
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Background
You agreed to build a new porch to my house.
We did not have a formal contract but on 3 February 2013 you visited my house and we agreed the work you would do. I have kept the notes I made at the time. The work included a sloping roof.
We agreed your quote for a fixed price of £3,000 (including VAT and materials)
You started the work, as planned, on 12 March 2013. It took longer than you had said. I think you were also working on another job at the same time.
The roof you built was flat. I expressed concern about this but you assured me it would be better than the planned sloping roof.
The work was finished on 15 April 2013.
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Payments
Details of any payments requested and any payments made.
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As agreed, I paid you an upfront cash payment of £2,000 on 10 March 2013 – before you started. My bank statement will confirm the withdrawal of this amount.
On 15 April you invoiced me for a further £2,000. An extra £1,000 on what we agreed.
I refused to pay the extra but paid you a cheque for £1,000 on 17 April (making a total of the agreed £3,000).
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Complaint
Identify clearly why you are unhappy.
Be clear about why you think the other person is responsible.
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Complaint
On 20 April we had heavy rain and the roof started leaking.
I consider this to be because of you did not complete the building works with reasonable skill and care.
I attach photos that I took during the storm.
You have refused to fix the problem because you say I owe you a further £1,000 for the building work. As we had a fixed price agreement and I did not ask you to do any additional work, I am not liable to pay you any extra.
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Problems caused
Give details of any problems you have suffered as a result.
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Problems caused
As a result the new carpet in the hall has been badly water damaged.
I attach photos of the damage before I got it cleaned.
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Losses and expenses
If the problems have caused you losses or expenses - give details.
Also provide proof of the damage and cost of repairs or replacement wherever possible.
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Losses and expenses
£500 to repair the roof and make it watertight. See the estimate form New Builders Ltd.
£100 for drying and cleaning the carpet – invoice from carpet cleaners Ltd.
£50 to relay the carpet (that I rolled up to minimise damage during the storm). See the quote from Jim Carpet fitter. I have not yet paid this as I am waiting until the repair work is completed.
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Remedy
Be as clear as possible about the remedy you would like.
Say what action you would like them to take (or stop).
Where you seek money - put a price on the settlement you seek.
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Remedy
1: Problem put right: I am entitled to first ask that you to sort out the problem with the building work at no additional cost to me within a reasonable time.
Timescale: I consider it reasonable for you to reply within 14 days and to sort this out is within 21 days of this letter – by 1 July 2013.
Instructing someone else to put it right: If you do not reply within 14 days confirming that you will make the repairs needed to sort out the problem, then I will exercise my right to instruct someone else to do the work and will claim their charges from you. If you put me in this position of having to do this, I will use this letter to show that I gave you a reasonable opportunity to arrange to carry out the repair work yourself – at no cost to me.
2: Payment of the losses and expenses listed above which total £150
Please note that I do not accept that I owe you an additional £1,000.
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Reply
Give your opponent 14 days to reply to the letter – to either:
agree with your complaint and give you the remedy that you seek
OR
arrange to inspect the problem
OR
set out their detailed response.
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Reply
Please do not ignore this letter. I would like us to try to resolve our dispute without court proceedings and legal costs.
Please reply in the next 14 days, so that this dispute can be resolved as set out in this letter.
Arrangements: I am happy to agree a time with you to inspect the problems at my home. Please telephone me to discuss the arrangements for inspection and repair within the next 14 days. The best daytime number to use is my mobile of 0799 043 732
If you do not agree that you are liable and/or do not agree with the remedy sought, then please reply within 14 days with a detailed explanation of why not.
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Consequences
Point out that ignoring your letter will mean you may start legal proceedings for the court to deal with the dispute and that you may refer the judge to your letter.
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Consequences
I am sure it will not prove necessary but if I do not hear from you within 14 days then I reserve the right to start court proceedings without further reference to you. I will ask the court for an order that you pay me £500 for the repairs and £150 for my losses and expenses – a total of £650.
If I do have to issue court proceedings, I will refer the court to this letter and I will also ask the court to order you to pay me interest, court fees and legal costs.
I look forward to hearing from you within the next 14 days.
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Ending |
[If you started with their name]:
Yours sincerely,
Ian Rate
[If you started using Dear Sirs]:
Yours faithfully,
Ian Rate
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