Legal advice needed!!

[katiesara]

I've just had some decorating done, where they took the radiator off the wall - and then replaced (I was told about this) - however being a bit girly, when I discovered the heating wasn't working 12 hours later, I had to call in a heating engineer - who of course told me it was due to the radiator being drained. Is the decorator liable for the cost of the heating engineer - or is it just my own stupid fault???

[Worker]

This is a tricky one. Assuming the decorator had in fact finished the job you employed him for, I think he is probably guilty of negligence, but you should've given him the chance to rectify the situation before employing someone else. It may be worth your while seeking legal advice or the CAB, but of course this depends on the amount of money involved.

[katiesara]

He had finished the job, and how could I have given him the chance to rectify the problem if I didn't know it was down to him until after I got someone in!! To be honest it was a friend of a friend who sorted it out, cost me �10 and a cup of tea - but I don't think that's the point, one firm I called quoted me �47.50 per half hour!!

[BenDToy]

Obviously the decorator has been negligent, and in theory is probably liable for your costs, but also you should have given him the chance to put it right. It does seem rather like you want to make a profit from his mistake, so you have only two choices. Either put it down to experience, or call contact him and tell him what happened. If he has any decency he will gladly pay the bill, but if not I wouldn't waste too much time on it because the most you would get via "legal" means is the �10 anyway. I reckon you should tell him, and suggest a bit more for the trouble, and hope he makes an offer!

[KARL]

I sympathise with your predicament, but also largely agree with the responses you have received. Count yourself lucky that the "collateral" cost was ver low. I support suggestions that you should contact the decorator and be entirely honest with him when explaining what has happened, as well as asking him if he is willing to compensate you for trouble and expense. It sounds as if you are otherwise satisfied with the service he provided. Do not bother or even consider taking this complaint to a third party. Even when the sum involved is vastly greater than yours and the situation is a blatant rip-off it is not at all likely that you would win the argument.

[Miss Zippy]

While I sympathise too, as your loss is so small (�10), I really think it is best put down to experience. In strict legal terms, you probably do have a case for negligence against the decorators under the Supply of Goods and Services Act - as they failed to carry out their work with reasonable skill and care. At the very least, they should have advised you that they had drained the radiator. But, in practical terms, it would not be worth your time and hassle to pursue a claim in the Small Claims Court and the district judge will not look upon a claimant favourably for wasting court time for such a small sum. I know it is the principle that matters, but, sadly, real life doesn't always work like that. There is certainly nothing to stop you trying to negotiate some form of 'compensation' with the decorators informally, perhaps with the threat that you will take some form of action. Tell them how much inconvenience it caused you (if true) - time off work etc. All too often though these little 'niggles' can take over your life, so perhaps it's best put down to experience.

[katiesara]

Thanks very much for all your responses, in honesty I think I was just really bloody annoyed, 2 days later, and with all your words of wisdom, I will put it down to experience, yet give the decorator a ring and let him know how annoying it was - nothing more. Thanks, K.