nightmare cust.

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22 Nov 2007
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Location
Lincolnshire
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United Kingdom
After doing a job for a customer and sending her the bill she has now sent me one.

The job started 3 months ago. She bought a house. she was staying at her mums whilst this project went on. The house was run down and wanted a boiler moving and kitchen first fixing. new rads and trvs all around. a good 4 days work. From the start she was really nice and we both bounced ideas off.

I gave her a written quote and no mention of rubbish or scrap.

The old cooker in the kitchen was in the way of where pipe work was to go. she said 'you can put it outside for the scrap man' I replied... 'Il do the same with the radiators' ...she agreed and smiled.

Once the work commenced she came back and moved the goal posts. asking for radiators to be moved under windows. first fix pipes for toilet. moving the boiler to a new position. chasing piped in the wall. so we agreed a new price.

when I filled the system, my mate decided to put a nail through a board and we loft a bit of water on the ceiling. The ceilings were lat and plaster. nicotine stained and dirty. so they left a water mark. They soon dried out and no real damage was there. As soon as I spoke to her next I told her and she was fine. She told me she was having the whole house re plastered. The house inside was 1960-1970. it hadn't been touched in years.

once I had finished this work and gave her the bill [bear in mind whilst I was working she was nice as pie]... she asked where the old radiators were.... of course they were put outside and the scrap man came and took them. After 2 weeks of sweating she paid the amount in full.

She came back asking for me to do 2 more jobs. The plasterer found a small leak under the kitchen ceiling on an old hot pipe. and a pipe was leaking on some old iron under the floor. So I went around one evening to fix the leak so the plasterer could carry on. Then 2 days later I dug up the ground. fixed the leak on the main so the kitchen could go in.

I billed her £180 for this work... 2 weeks went by. I billed her again.



Then she sent me this letter.

James, with reference to your bill for £180.

I have been so unhappy with the service you provided that I have taken advice.

It was not part of our agreement that you took away, or allowed to be taken away, the scrap metal from the house. Therefore you have failed to comply with the terms of our agreement which constitutes a breach of contract. I am entitled to claim back the full cost of the scrap. With out any paperwork I will have to guess what its worth.

With regard to the damage to the front room ceiling you are liable under the supply and goods or services act to pay for the damaged caused.

I estimate

200+
275
475-50
425-
180

£245 -owed to me by you.

I look forward to receive of the above within 14 days



I really dont know what to do now? I can let 180 go. But no chance am I paying 245 for what shes saying. Its crazy. And after all the hard work I did for her. Im gobsmacked that she has taken this route. Not even a phone call.

Any help would be appreciated. cheers, james
 
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my thought you have 2 contracts the first one including the scrap has been full filled and paid for in full
so you only have to deal with the new contract

that aside what was written in the contract about disposal off materials and keeping the site clean ??
 
you have done what is normal then as in disposed of waste correctly

i would ask her in writing when exactly she thinks she mentioned the disposal off scrap as you only have the one very clear recollection of the subject

try and wrong foot her as she is trying it on
how would she have enough knowledge as to the value off scrap
do your own research use technical terms like clean scrap mixed metals ferrous and no ferrous alloys
she will probably back down as she will be out off her depth :eek:
 
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just say you didn't take it away from the house, you put it in the front garden. tell her you don't have a waste carriers license so you couldn't have taken it.

about the crappy ceiling, well it sucks but she's only doing this cos someone has pointed out the scrap was worth something and she feels dumb for letting it go. typical woman though, instead of taking the hit she's got to lie to correct her own mistake.

could try denying it was you that damaged the ceiling?
 
She wasn't that unhappy - she paid you up the first time.

This game can be tough - if you've done right, and only you will know, don't swallow the £180 - keep chasing.

I'm fed up of hearing stories of customers holding the high ground all the time, just because they have the money.

If they employ a decent tradesman and he does whats described they should pay. We had a non payer recently over £18,000. I Stuck with it til the end and have regained all money owed. It was worth it (obviosuly).

Also radiators have little or no scrap value - 10 rads might come in at £30 ish?

Stick it out mate....
 
Don't get drawn into the detail - simply advise her in writing that you reject her claim in full and remind her that your invoice is overdue.
 
perhaps you can lay your hands on a few scrap rads and dump them on her doorstep.
 
You could use a no win no fee debt collection agency. Typically they charge 15% for collecting the debt but can vary.

In some cases they can pay you the full debt and collect their fee from the debtor, "Late payment legislation"

John
 
just say you didn't take it away from the house, you put it in the front garden. tell her you don't have a waste carriers license so you couldn't have taken it.

you have to take it, or make sure it is got rid of, not having a waste license is neither here nor there.

if you want the customer to dispose of their own waste then you need to get it in writing from them.
 
If they employ a decent tradesman and he does whats described they should pay. We had a non payer recently over £18,000. I Stuck with it til the end and have regained all money owed. It was worth it (obviosuly).
.

Coincidentally I e-mailed him on Sunday for the contractual holding payment - just received an e-mail to say that he's not paying it!!

If I can offer any more advice, its trust your gut instinct - my dad taught me that, and I never listened with this guy - turns out I was right, he's been an arse!

Given what happened last time I might contradict myself and not bother chasing, but surely its the principle?!!!
 
Good luck with this James. As a customer on the other end, I have to say that it can be difficult to get a good contractor you can trust and be able to work with and it p**s me off to see people taking advantage of that trust.

Two points I'd make, with regard to the "negotiations". Firstly, as newboy says, keep it simple and don't get into any detail. If you make (say) five points, then she just needs to find fault in one of these points and all future arguments end up based on that.

Second, separate the two issues; You did the work she requested and to spec, therefore she owes you £180. Re-invoice her and chase her through the small claims court for that.
Make clear that her dispute re the scrap is a separate issue and has no bearing on the money that she owes you for the work you have completed.

Good luck!
 
you have escaped lightly , most domestic extensions start out really well as the customer is excited for the work to begin , they rarely can deal with the disruption , no matter how much they are warned .

this leads to them finding fault and laying blame. extras always occur and is not usually our fault still we are blamed for this . you can't make an omelette without breaking an egg but thats what they want . and i make a blody good omelette !!!

ive had my own construction company for 12 years and ive worked in that time for only one honest and decent family in that whole time
 
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