Is Plumber at Fault?

[expertgasman]

I would contact him and point out that he did not react when you 1st contacted him. Try to stay civil, but if he says he's not interested, then point out that you are considering County Court, but you would rather deal with it amicably. Before phoning, consider what you want, is it the full cost or are you oreoared to compromise.

Be aware that if he says he's not interested, then there is now no "relationship" to worry about, as you are not likely to re-engage him for further work.

If I was him, I would offer to meet you half way, but probably would baulk at the full cost. I would be reasonably confident that the average client wouldn't want to go to court, but I would be concerned about reputation. At the same time, I would never just roll over if I thought I was right. I am not sure you would be a clear cut winner in court, rightly or wrongly.

Don't be concerned about Tony's beleif that there is always an expert witness. No one can afford to employ these in small claims court, as you do not neccesarily get the inflated fee back, even if you "win!". The nearest thing to an "expert witness" would be his mate. So be sure to ask about the relationship if it gets that far.

 

[lilplumber]

IF the plumber did excatly, i mean if he replaces the old tub with new one without making changes in Drain pipe then Plumber is not yet to blame...

 

[0wen]

Well he cut the pipe to change the angle to install the new pipe and in doing so moved the pipe to the left about 4inch therefore blocking the waste flue

 

[DP]

In any case anyone bring a case would need to bring an expert

Pot calling kettle black

 

[7777777]

agile i think your taking crxp,,, were not talking murder .....young man its a county court

 

[expertgasman]

agile i think your taking crxp,,, were not talking murder .....young man its a county court

absolutely correct, and if you did take an EW, you wouldn't get reoimbursed even if you won. Also according to:

http://www.tradingstandards.gov.uk/kent/factsheets/FS4NEW nov07 smallclaimscourt.pdf

if YOU pay for an EW, his role is to support and advise the court and NOT necessarily the paying side

 

[0wen]

Could we get back on track?

I don't want to take the guy to court I would like to sort it out face to face as all I wanted a new bathtub fitted I was too busy to do it myself so hired a plumber, he made a mistake and I have had to waste two days off work sorting out two different blockages and pay £300.

He has unsurance so is it fair I should pay for this? Surly you should know when you detatch a pipe to carefully reattach it and not move it into the waste pipe untill its all the way in?

 

[7777777]

10 spelling mistakes in there. As for grammar! well Mr a gill perhaps i don't have as much time on my hands as you.... are you journalist???? you can not be gainfully employed 35,000 posts you will be word perfect... just wish i had that much time on my hands ,...ps as you seems so wise.. .what size was the queen mothers shoes was it a 6 or a 7 its been keeping me from sleeping for years

 

[Nige F]

Could we get back on track?

? Surely you should know when you detatch a pipe to carefully reattach it and not move it into the waste pipe untill its all the way in?

I know - because I got City+ Guilds Advanced Plumbing in `73 But after all these years - anyone can still call themselves a plumber - only gas is regulated

 

[Agile]

Although you have now clarified that the plumber in fact did not return to see what the toilet problem was, I dont see that makes much difference.

I still take the view that his mistake caused the problem but the drains co were also negligent in not seeing what had caused the problem on their first visit. That makes the plumber responsible for the reasonable cost of the drain co of perhaps £180 but they do not deserve the whole cost.

Under the small claims procedure at the county court ( its not a small claims court! ) you are unlikely to get an expert witness's fees paid for apearing in court but you might get his fees paid for advising you of the technical aspects.

The court will not deliberate on technical aspects because they are not qualified to do so. Without a technical expert witness it reduces the chance of winning the case. It will all hinge on the statements of each party!

Sometimes experienced people will provide expert evidence on a pro bono basis.

Tony

 

[expertgasman]

Could we get back on track?

And thankyou, too

I don't want to take the guy to court I would like to sort it out face to face as all I wanted a new bathtub fitted I was too busy to do it myself so hired a plumber, he made a mistake and I have had to waste two days off work sorting out two different blockages and pay £300.
You've clearly decided what is right and what you are doing, so why bother us?

He has unsurance so is it fair I should pay for this?
there is no way his insurance will apy for that, and he probably has at least £250 excess

Surly you should know when you detatch a pipe to carefully reattach it and not move it into the waste pipe untill its all the way in?
You've already said that there was no easy access, and the bottom line is that we don't have his side of the story, and we don't know if you were disinclined to allow him to damage decoration. There is, I believe, a "stop" to prevent this occuring, and in that sense the original equipment could be deemed faulty and responsible.

 

[expertgasman]

Sometimes experienced people will provide expert evidence on a pro bono basis.

Are you drunk, Tony? I would love to see some evidence of plumbing expert appearing incourt pro bono!

You watch too many reruns of LA Law.

 

[DP]

Tony is giving advice on legal matters my daughter would not touch with a bargepole or offer advice, and she is a lawyer

 

[barkie1]

Tony is giving advice on legal matters my daughter would not touch with a bargepole or offer advice, and she is a lawyer

Tony is the law.... If fact he is the chosen one Jesus,alla,budda all rolled up into one brain mofo just kidding agile ... He is really a master debater Sorry agile only messing mush

 

[Norcon]

It may have been one of these.....

in which case its possible to overshoot the finish line.