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Legal Advice - Tradesman issue
- Thread starter Christian and Beccy
- Start date
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Yes you got that wrong. Seems to be populated by god bothering fruitcakes right now, and of course we have the village numskull who never seems to leave.
You aren't going to get a good reception on a board populated by tradesmen when you say you ain't going to pay yer bill ! You have also had good advice, you just don't like it.
Some people made the effort to ask you questions but you have ignored them. So what are your answers to the questions people asked?
Possibly, but you would have to get the processes in the right order.
You can not arbitrarily decide that his doors are your ransom and that you will withhold the payment in lieu. If you have the guts to bluff then that's up to you. He may be equally as stubborn
Rather, you would have to hand back his property then seek other legal means for recompense whilst having tangible evidence of professional negligence to boot.
My opinion is that you are going to have to put this one down to experience and swallow the loss. Tough, but the alternative could be costly whilst also entertaining the fact that you may not win.
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He may have under-quoted because you were old school buddies. The next guy that came along quoted you the going rate. How much did the original guy quote and how much did the guy that did the job charge? And why didn't you do it yourself if you are competent? There was no written contract, you'll never prove a thing. No penalty clause if he is late. You had your Christmas and now you are whining because you have to pay for doors that are fitted in your house. I don't get it. What are you complaining about?
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M
mdf290
TBH this xmas malarkey is such a pain in the ass.
You presumably had all year to get the work done but it ends up a last minute rush before xmas. Your friend probably had many other people all saying the same thing and all threatening not to pay if not done on time.
I sell products I make over the internet and it states quite categorically the items are made to order and to allow 7-10 days for delivery. It is the first item in the terms and conditions which are linked to the webstore and on the header for the webstore and again when a purchase is made the landing page reminds again and yet at xmas I still get people ordering on the monday for example this year when the last day they could go to the couriers was Friday.
The lesson you have learnt here is like everyone else in the world suddenly deciding to get something done 'for xmas' will expose you to unreliability and difficulty and competing demands for services from other unfortunately like minded people.
The judge is NOT going to take any consideration of your need for an xmas finish.
Your friend never said at any time he was not going to do the work so in fact YOU are in breach of contract and he could also sue you for loss of profit he could have made on the job.
I would pay him for the doors pronto before he throws this one at you too.
and next time . . get your work done in the summer when . . You will have your choice of tradesmen . . the work wont be rushed . . the settee you get from DFS wont be banged together in a rush because everyone orders their settees for xmas (Used to supply the frames for DFS furniture prior to upholstery and the mad rush of orders meant evrything went out of the door before the glues had even set).
I do understand your anguish and upset but this is a case where you have to swallow the pill and put it down to experience.
If your friend had given you an estimate or quote for the work he would now be suing for the balance of the original quote.
You presumably had all year to get the work done but it ends up a last minute rush before xmas. Your friend probably had many other people all saying the same thing and all threatening not to pay if not done on time.
I sell products I make over the internet and it states quite categorically the items are made to order and to allow 7-10 days for delivery. It is the first item in the terms and conditions which are linked to the webstore and on the header for the webstore and again when a purchase is made the landing page reminds again and yet at xmas I still get people ordering on the monday for example this year when the last day they could go to the couriers was Friday.
The lesson you have learnt here is like everyone else in the world suddenly deciding to get something done 'for xmas' will expose you to unreliability and difficulty and competing demands for services from other unfortunately like minded people.
The judge is NOT going to take any consideration of your need for an xmas finish.
Your friend never said at any time he was not going to do the work so in fact YOU are in breach of contract and he could also sue you for loss of profit he could have made on the job.
I would pay him for the doors pronto before he throws this one at you too.
and next time . . get your work done in the summer when . . You will have your choice of tradesmen . . the work wont be rushed . . the settee you get from DFS wont be banged together in a rush because everyone orders their settees for xmas (Used to supply the frames for DFS furniture prior to upholstery and the mad rush of orders meant evrything went out of the door before the glues had even set).
I do understand your anguish and upset but this is a case where you have to swallow the pill and put it down to experience.
If your friend had given you an estimate or quote for the work he would now be suing for the balance of the original quote.
While you are really ****ed off what has happened to you just pay the bill and let it be,pursuing it could be really expensive .
as for the xmas part..........new doors,skirting board and a new suite from dfs does not make your xmas.........family and friends do
as for the xmas part..........new doors,skirting board and a new suite from dfs does not make your xmas.........family and friends do
i don't understand how you think you are out of pocket...
Life is like a box of chocolates
FFS mate, you asked for *legal* advice and you got it, don't whine that people don't agree with you, it's irrelevant..
Pay for the doors, that is the *legal* advice others have given you, I agree with that advice as in my limited experience I think a judge will view you as a time waster.
Pay for the doors, that is the *legal* advice others have given you, I agree with that advice as in my limited experience I think a judge will view you as a time waster.
Alternatively...
Doors???? What doors????
Get yourself off my doorstep, you unreliable flump.
Doors???? What doors????
Get yourself off my doorstep, you unreliable flump.
I dont understand this whole things really. You are angry, but at the end of the day he didnt break the law or cause you actual harm enough to take it to the civil courts. Unless not turning up is now a civil or criminal offence which i was not aware about.
Take it to court and a judge will laugh at you, and give the carpenter a slap on the wrists and tell him to be more forthright in future. You will not win any money as he does not owe you anything. IT IS YOU WHO OWE HIM regardless of whether you are P****D. You were the one who decided you couldnt possibily wait until after Christmas and paid somebody else to do the work at a premium.
The way you feel about having a Christmas in a room with no skirting board, carpet or doors has no relevance to a judge in a court of law. It would not have caused you any actual hardship that affects your health or loss of income/money because you have already stated that you did have alternative means of storing the sofa that was being delivered, all be it not something which you would have liked to have done.
Goodness, give him the money for the doors and get over it. Just for comparison - when i took a car garage to civil court it cost me over £100 just to register my complaint with the courts - for them to look at the case and to then start proceedings. By the time i had finished preparing and id taken advice from solicitors it had cost me over £200 before we even got in a court room. In the end i won my £5000.
Is it really worth throwing the dummy out over such a small amount of cash, when your going to have to spend more than what you will only potentially win back? If you do lose, then the judge will order you to pay for all the courts, and the carpenters costs, as well as ordering you to pay for the doors. He may even decide to make you compensate the carpenter for loss of earnings for taking him to court when he could have been on a job. In a civil court anything can happen, with my case it was clear cut and i had photo and video evidence of gross negligence and misconduct. You have neither.
Take it to court and a judge will laugh at you, and give the carpenter a slap on the wrists and tell him to be more forthright in future. You will not win any money as he does not owe you anything. IT IS YOU WHO OWE HIM regardless of whether you are P****D. You were the one who decided you couldnt possibily wait until after Christmas and paid somebody else to do the work at a premium.
The way you feel about having a Christmas in a room with no skirting board, carpet or doors has no relevance to a judge in a court of law. It would not have caused you any actual hardship that affects your health or loss of income/money because you have already stated that you did have alternative means of storing the sofa that was being delivered, all be it not something which you would have liked to have done.
Goodness, give him the money for the doors and get over it. Just for comparison - when i took a car garage to civil court it cost me over £100 just to register my complaint with the courts - for them to look at the case and to then start proceedings. By the time i had finished preparing and id taken advice from solicitors it had cost me over £200 before we even got in a court room. In the end i won my £5000.
Is it really worth throwing the dummy out over such a small amount of cash, when your going to have to spend more than what you will only potentially win back? If you do lose, then the judge will order you to pay for all the courts, and the carpenters costs, as well as ordering you to pay for the doors. He may even decide to make you compensate the carpenter for loss of earnings for taking him to court when he could have been on a job. In a civil court anything can happen, with my case it was clear cut and i had photo and video evidence of gross negligence and misconduct. You have neither.
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