Am I going to be sued ?

mkb

Joined
28 Apr 2008
Messages
191
Reaction score
3
Location
Manchester
Country
United Kingdom
Long story short...
Decorated lady's house.....she was very very picky but hey ho that's life.
Finished the job which came to £900 exc paper. She said it's great ...loved it ! Two days later she phones and says there are a couple of problems. So off i trots the next day. There was a mark on the paper which i got off and the cat had walked along the still tacky window sill !!! I said ok then and re-painted the window. All ok now says I...oh yes I love it it's great she replies.
FOUR weeks later she phones again saying more problems...
Ok I'll come up says I but off on my hols in 2 days so wont promise it will be before that but will ring when I get back.
So I text her on my return for her to reply ' Letter in post to you'
The letter comes from herself though I think it was after legal advice going off the wording...says she tried to get me back on numerous occasions..wants me to fix the problems and including new paper and she's got a quote for remedial work for £1900 !!! Over double my original charge.
So my question is has anybody else had the same problem and what was the outcome ? Obviously I will be taking legal advice but would welcome comments from anyone. Thanks
 
Sponsored Links
Have you been paid?
Your workmanship up to scratch?

If no and yes, you're dealing with a **** that probably trys it on with everyone :evil:

If yes and no then you're in the ****.

Either way draft a letter disputing her claims send it registered post and deliver one by hand too.
 
Will draft letter but at what point do I say ' Come on Mrs Play fair'
And does she hold all the aces ?
 
If you have gone back when asked and done the things she has mentioned then you have nothing to worry about. The customer should check the job before they pay you. They cant have you on a maintenance contract for ever. Sounds like she is trying it on. There is no way she could get you to pay for someone else to redecorate everything.
Every now and then you get the odd customer that comes along and tries it on. :evil:
 
Sponsored Links
Definitely trying it on - probably a serial Rogue Customer :rolleyes: For a start ask to have a copy of alleged spec./ quote for remedials - then go to Small Claims court ( or whatever they are called now) ;)
 
Cheers Robbie. NigeF....do you mean take my chances in the small claims court or take Her to court ? If so ....what for ? Already been paid.
I've been back as I've said and just remembered..... arranged to go back again just before hols but SHE cancelled as she got called into work. I think I've been really fair and she was happy with job or so she said on a number of occassions....think she is a rogue customer, as I've found out she sacked a builder though don't know full story. Wonder what worst case scenario would be if I ended up in court ?
 
Doubt very much if she could take you to court to be honest. If you have made all efforts to sort out what she has moaned at then its tuff. If she wasnt happy when you finished the job she wouldnt have paid you.
 
Just ignore anything she posts. She paid - end of story.
 
Wow... Joe 90 !!!
Not too sure mate that's the right course of action.....or is it ? Maybe you've had experience of this and it worked for you.
Unfortunately I did sign for thr registered letter she sent...bad move Joe ??
 
Mkb.

The very fact that this person paid you for the work undertaken will be frowned upon regarding any legal challenge for recovery of payment. The onus of proof lies on her shoulders and hers alone.

I would'nt tend to get to worked up over it, if as you say this person was very picky she would have noticed this before offering payment. The cat here is of no consequence.

Hence the fact that you were kind enough to both return and remedy the problem will stand you in good stead against any further action of which she may persue. You can obtain advice with regard to her claim should you desire, but it would be my guess that this woman is just chancing her luck.

Dec.
 
Let's slow down.

Now we all get problems, however -
there's 2 sides to every story.

How long ago was it since you went round and exactly what is the customers complaint now, to get another decorator to quote it.
 
There are some good people, iffy people, bad people and some downright awful people who will try to evade paying the smalltime contractor be he a plumber, decorator, builder or whatever.
I've never actually lost out on a job but come close to it a time or two, one particular guy I did work for was trying it on.
No matter how many times I phoned him requesting payment of £750 he kept stalling, eventually I called to his house at teatime and asked what he was playing at?
I gave him every opportunity to pay and I wanted paying in full and not in dribs and drabs, still no joy.
I told him that if I dont get what I am due I will sell his job on to a couple of junkies that I knew and they would make sure that he damn well paid, he paid up lickety split then, its not so much the money but the principle my way of thinking is this, I am there to do the job and the customers job is to pay the bill, simples..............
 
Just ignore anything she posts. She paid - end of story.

Spot on.

Let the onus be on her to take court action.

You have returned to the property and rectified snagging to the clts satisfaction and the fact that there was no contact for 4 weeks implies acceptance of your remedial work.

Unless of course there is something which has not lasted for a reasonable amount of time.
What exactly is the problem this time?
 
Will draft letter but at what point do I say ' Come on Mrs Play fair'
And does she hold all the aces ?
I'm not a legal adviser but have used this in the past, providing you have carried the job with reasonable care and skill and how do you define the reasonable care and skill is a good question as I would say as long it's not a bodge up then I would've thought she lost her argument. Best to get free advice from your local CAB

This is the Statutory Consumer Rights for Services. Under the Supply of Goods and Services Act 1982, Section 98, my rights state that:

• The service must be carried out with reasonable care and skill

Under Section 108, the act states that if this right has been breached, then I may be entitled to:

• Compensation
• Rescind the contract and get a refund
• If goods were installed without reasonable care and skill, a repair, a replacement, a reduction in the purchase price of termination of the contract with a refund
 
Thanks all for your replies....feel a little more at ease now.
Will draft a letter refuting her accusation that she has asked me to come back on numerous occasions to rectify problems because she hasn't ! I went round when asked...she said again she was happy and when she phoned again four weeks later was going round, as I said but SHE cancelled so I said I'd phone and go round on returning from holiday. In the meantime she's got a ' 3rd party quotation' and sent the letter !!!
As far as I'm concerned I've been very fair, have done a good job and returned when asked. I was recommended by her friend, she'd seen my work and if she wasn't happy she should have told me after I did her hall, before I then started on the lounge.
Thanks all.
P>S Anyone actually been as far as the courts.
Presume my worst case scenario would be.... £1700 quid for the 3rd party to re-do it, plus £600 for paper plus court costs £500 ??
 
Sponsored Links
Back
Top