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Customer refusing to pay for work completed

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Well I normally like short but in this case I think it could be a bit more explanatory. I attempted to give you some suggestions in my post number 12 but you haven't followed any of them.


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I thought it would be best left short and to the point, however, if you feel I should add some of the points you suggested then I will do so. I am not the best at this sort of thing.

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Hi

 

Is this any better please?

 

LETTER BEFORE ACTION

 

With regard to the email you sent me on Friday 15th June 2018 quoting Consumer Rights Regulations (2013). It appears that you are confusing your arrangement with me with an off-premises contract. Because of this, the information rules relating to cancellation do not apply and you are bound by the contract in the same way as an on-premises contract.

 

You had ample time to reflect on the quote given and on the basis of our agreement you went ahead and ordered materials. You went against the advice I gave regarding having a sliding door for the shower cubicle by purchasing a hinged door and it is now clear – as I predicted – that there is not sufficient space for it to be mounted. As a matter of goodwill to yourselves I could help you to return the hinged door if you would like.

 

I was prevented from entering your property again after Wednesday 13th June 2018 following XXXXX's Father asking me to leave your premises. Therefore I would also request that you allow me access to the bathroom in order to ascertain the amount of work that was carried out and to take photographs for the forthcoming court hearing. I am still prepared to do this if you will allow me, but if not, this also will be pointed out to the court.

 

I must point out that you were pleased with the work completed so far and it was only after XXXXX’s Father intervened that a dispute began. I believe that it is XXXXX’s Father who has encouraged her to treat this as an off-premises contract and he has misunderstood the definition of an off-premises contract and as a result the agreement between us appears to have collapsed.

 

This is to notify you that you have 14 days from the date of this letter to pay the amount of £860.25. This is the total amount for the percentage of work completed.

 

If this amount is not paid within the time stated above I will have no alternative but to issue a Money Claim through the small claims court and you could also be liable for further costs and interest to the debt which is outstanding.

 

 

I have put XXX for her name as this is a couple and it was her Father that became involved

Edited by Andyorch
Paras

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That's a lot better. However, rather than "ascertain the amount of work that was carried out" I would suggest that you put "record the amount of work…"

 

As you have already decided on a figure, you can only do that if you are sure about the amount of work which was carried out. If you still need to ascertain it then clearly you don't have a basis for claiming the value that you have cited.

 

If you are simply recording the work then the question of any doubt you might have as to the amount of work which is carried out doesn't enter into it


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OK thanks I have changed that part and will send it

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If the money isnt forthcoming or they try and enter you into letter tennis, dont get hung up on arguing with them. On that 10th day, you file the claim and continue with it unless they put the money into your account.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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I would offer to complete the job or else start a mcol.

Calculating the percentage of work done always leads to dispute.

Sounds like you are at details stage (silicone, cleaning, tap fitting), so why not give her a chance to finish?

If the only other option is court, she might let you finish and pay you when her father is not there.

If you take her to court, don't take a penny out of the quote you gave her.

The fact that you didn't finish the work is not down to you, but to her father.

You had a contract in place and she pulled out preventing you to fulfil your side of it, but you should show willingness to complete the job in writing.

Don't mention photographs otherwise that will definitely give them the idea to tamper with the work.

Good thing is that so far she's not pointed out any fault with the job, so it's clear that she just wants to avoid paying you on her father suggestion.

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We now have a letter back on the 14th day ( I gave 14 days).

I will attempt to upload it but basically they are stating that the workmanship was not carried out with reasonable care and skill. They have also stated that on 16th June they had to engage an *independent* trades person to complete urgent work in their bathroom. They have quoted amount of costs to themselves to finish the work and carry out 'repairs'. They also state that the *independent* trades person had concerns about the workmanship. They suggest in the letter that I should have given them time to complete this action of 'getting an independent trades person to 'value' my work etc etc before I sent the letter before action!

They have asked about ADR before pursuing money claim, however, have chosen to wait until deadline day for this...

Any advice greatly received.

 

Thanks

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Well you have tried to reason with them, you have tried to discover what work might need doing, they haven't really described the alleged problems with the workmanship, they haven't given you any notice of the independent tradesperson, what that person did, how much it was and whether they took any independent quotes.

 

You've given 14 days. You told them what will happen – and they haven't complied with your request. Personally I think that you now have to go ahead and carry out your threat – otherwise it wasn't worth making the first place.

 

As long as you are confident that you can make your case to a judge. I think that the fact that they haven't communicated with you or allows you to carry out any inspection or to have any independent inspection carried out and that they haven't given you any independent quotations or advanced notice of any work will put the judge in a position where he or she will be sceptical of their allegations.

 

Once you issue the claim then it will be interesting to see what their defence is and you can then decide if you want to agree to mediation – but normally it's not particularly advisable – but you can make that decision after having seen what they have to say.

 

If you want to go ahead then put up a draft particulars of claim here and we can have a look


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Thanks BankFodder. Is there anywhere I can look for reference to draw up particulars?

 

Thanks

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No. You will have to draft yourself – but we will help you.

 

This might be a little bit complicated so it seems to me that you will have to tick the box on MoneyClaim saying that you will provide further and better particulars – normally within seven days.

 

This means that you get onto MoneyClaim, you draft a brief outline of the claim within their character limit which is about 1000. You click that off so that the papers are effectively issued and served within two days. At the same time you start drafting a more detailed particulars of claim – which is basically set out in very short paragraphs – each paragraph representing one particular step.

 

The claimant is a, blah professional status blah blah

the defendant is a private individual who contracted with the claimant to carry out proper blah work

go through the facts paragraph by paragraph

do a draft and then will have a look

 

The 1000 word summary which you will present on your initial claim form will be something like:

 

The claimant contracted with the defendant to provide XXX services involving the construction of a blah blah at an agreed cost of £blah blah blah

the defendant agreed to pay £XXX at the outset of the work and £XXX on completion

towards the end of the work the defendant prevented the claimant from completing the work and refused to pay any outstanding sums

blah blah tell the rest of the story very briefly in short steps

in the claimant claims £XXX plus interest

 

Work something out along this format and let us see it. This really should have all been done and ready to go on day 15.


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Thanks

 

Yes I agree but I think we were hoping for them to have sense and not go down this road. It is not something we have had to do before so quite alien to us.

It is difficult as this person works with my Mother.

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Alien to them also......they still dont expect you to proceed...issue the claim.


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Sorry to be the bearer of bad news

 

 

The cooling off regulations came in several years ago and you MUST comply

 

 

The customer has taken you for a ride and you cannot enforce an invoice without a court order

As you did not give the client her rights you are likely to lose in court.

 

 

On the up side it's £800 not £3000 (not being sarcastic just realistic)

 

 

Link to ACTUAL government legislation

http://www.legislation.gov.uk/uksi/2013/3134/made

 

 

To sum up

You MUST- for works over £42 that are non-emergency works

 

 

  • Inform the customer of the cooling off regulations prior to the contract starting
  • Use prescribed language (in the link)
  • Have the customers consent to start prior to the 14 days (an email to say go ahead is OK)
  • Leave when the client asks you to leave

If you do this you CAN charge for costs whilst on site and for specially made items

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(3) Paragraphs (4) to (6) apply where a contract is cancelled under regulation 29(1) and a service

has been supplied in the cancellation period.

(4) Where the service is supplied in response to a request in accordance with paragraph (1), the

consumer must (subject to paragraph (6)) pay to the trader an amount—

(a) for the supply of the service for the period for which it is supplied, ending with the time

when the trader is informed of the consumer’s decision to cancel the contract, in

accordance with regulation 32(2), and

(b) which is in proportion to what has been supplied, in comparison with the full coverage of

the contract.

(5) The amount is to be calculated—

(a) on the basis of the total price agreed in the contract, or

(b) if the total price is excessive, on the basis of the market value of the service that has been

supplied, calculated by comparing prices for equivalent services supplied by other traders.

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation

period, if—

(a) the trader has failed to provide the consumer with the information on the right to cancel

required by paragraph (l) of Schedule 2, or the information on payment of that cost

required by paragraph (n) of that Schedule, in accordance with Part 2, or

(b) the service is not supplied in response to a request in accordance with paragraph (1).

 

 

 

 

I would suggest you use the head first.

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