Faulty Staircase

[cerberusalert]

You can search companies house using his trading name to see if he's a registered company; http://wck2.companieshouse.gov.uk/ed0edf39a3838ab317898fba3d55394b/wcframe?name=accessCompanyInfo

[axil23]

Do you have any of his invoices, if so if he was a Ltd company it will have a registration number on it.

 

Just checked. It just has his business name, address and propertier name at the bottom. No registration number and does not say PLC anywhere. He is the prop.

[axil23]

You can search companies house using his trading name to see if he's a registered company; http://wck2.companieshouse.gov.uk/ed0edf39a3838ab317898fba3d55394b/wcframe?name=accessCompanyInfo

 

Nope he is not on there

[cerberusalert]

He's fair game in a small claims court then.

 

Even if he doesn't satisfy the judgement willingly there are other methods of enforcement such as a garnishee order or bailiffs.

[axil23]

He's fair game in a small claims court then.

 

Even if he doesn't satisfy the judgement willingly there are other methods of enforcement such as a garnishee order or bailiffs.

 

Thanks for your help. Highly appreciated!

[axil23]

Further to this I am unable to find the receipt that the merchant gave me nor do I have any proof of payment. I do have the receipt for the payment of the outside gates for which I am also claiming for but that is only around £150 worth of damages.

 

Where does that leave the situation?

[cerberusalert]

You can still bring an action.

[axil23]

You can still bring an action.

 

Thanks

[axil23]

An update - He has sent me a letter to demand the outstanding amount within 14 days and in there has written that if I don't pay then he will take the front gate off for the part balance which is due.

 

He has also admitted in the letter that he has taken the part of the staircase from my property as I have not paid him.

 

If he takes the front gate can I call the police? Aren't both the things my property?

[Kraken1]

he can only remove it if the terms and conditions of the contract contained an effective retention of title clause. Time to sue, perhaps.

[axil23]

he can only remove it if the terms and conditions of the contract contained an effective retention of title clause. Time to sue, perhaps.

 

 

No contract was signed by either party at any time so is that in my favor or his?

[Kraken1]

your favour in that he can't just come and take stuff away. His favour in that he is entitled to be paid for work done, this means that if he has completed 75% of the work, he is entitled to 75% of the payment. Another example would be if the only work that was outstanding would cost £100 to sort, you can't hold back £1000.

 

It is also bad for both of you as you have no record of what was agreed. I predict that this one will get messy and expensive for both of you.

[axil23]

your favour in that he can't just come and take stuff away. His favour in that he is entitled to be paid for work done, this means that if he has completed 75% of the work, he is entitled to 75% of the payment. Another example would be if the only work that was outstanding would cost £100 to sort, you can't hold back £1000.

 

It is also bad for both of you as you have no record of what was agreed. I predict that this one will get messy and expensive for both of you.

 

He has been paid for all the work done. According to me and a quote I took from a independent contractor the working remaining is £500 worth which is what I have withheld.So if he takes anything without my permission would that be classed as stealing?

[Kraken1]

it should be, but you'll need to persuade the police that it isn't a 'civil matter'.