Threatening builders

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12 Nov 2009
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Location
Essex
Country
United Kingdom
Hi

Help! I have changed my mind about a builder who was unreliable and told lies. He was due to start work, he did not turn up, the deposit varied, the price changed. no written quote given, nothing signed and no money was exchanged. He states that he has ordered the materials, and is now threatening to dump them at our house.

Where do we stand?
 
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Tell him that you no longer wish to have the extension built and that you are sorry for the inconvenience but will no longer be requiring his services.

Also state that you understand that materials are subject to a cursary 5% restocking charge and that you are willing to pay for this (direct to the builders yard), once proof of such a transaction has taken place.

Why did you engage the services of a builder who has given no written quote?

At what point did this builder become under your employment?
 
He became under employment yesterday, in 2 days the price changed

Then he said he was a registered installer and when I checked he was not

We were naive and wanted it done fast
 
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He became under employment yesterday, in 2 days the price changed

You must state that you accepted his original quote based upon the fact you could afford it and that further increases were unacceptable and rendered the job uneconomical.

Furthermore, due to the fact that he arbitrarily increased the cost of the job for no apparent reason, you no longer trust him in any case.
 
If he dumps it outside our property, which he may do at some un-godly hour, will I be expected to pay for it?

I know as you are mostly trademen on here, you may not not see this from my point of view as this can happen to you all to readily, so I apologise If I offend
 
If he did that, might "he" be breaking the law ?? ,, (dumping, causing an obstructuon)??
 
I'm not a lawyer, this is not legal advice, get a law club they are like £7 a month and call one of them.

Tell him that you no longer wish to have the extension built and that you are sorry for the inconvenience but will no longer be requiring his services.

Good call.

Also state that you understand that materials are subject to a cursary 5% restocking charge and that you are willing to pay for this (direct to the builders yard), once proof of such a transaction has taken place.

He has violated his agreement with you and has no right to the restocking charge a judge will not award it to him unless he can convince the judge he has complied with his verbal contract obligations as it's an unfair penalty clause. (And, you can appeal this sort of thing too, it's cheap to do)

Why did you engage the services of a builder who has given no written quote?

I've done it many times successfully (and occasionally not so successfully, but not worth spoiling the friendship over) but you have to know the tradesman personally otherwise make him write it on paper.

He became under employment yesterday, in 2 days the price changed

Then he said he was a registered installer and when I checked he was not

We were naive and wanted it done fast

This used to be a specific offence under the 1978 Theft act of obtaining a pernicious advantage by deception. as he did this to obtain remuneration. This law was repealed by the Fraud Act 2006 and I think will now be harder to prove so you should speak to your law club (or phone up local lawyers with a sob story).

Either way he is voiding his contract unless you allowed you to vary price. and almost certainly voiding it with something under the Fraud Act 2006 by lying about his credentials. You need to join a law club :) Not to mention, I don't remember you saying that was OK to vary Your word against his right? And it doesn't matter this smells like unenforceable contract to me.

If he did that, might "he" be breaking the law ?? ,, (dumping, causing an obstructuon)??

He can put what he likes on your private ground it isn't fly-tipping. If he put it in the ROAD or PAVEMENT outside your home however now he is being a criminal.

However if you can prove it was to harass you then this is a criminal offence.

Judges are sensible people and this guy is a cowboy, tell him you want the job terminated or you will apply to the county court to have his assets frozen until the case is heard (neglect to mention this freezing is for 1 day only) and we can let a Judge decide if his contract is enforceable.
 
If he dumps building materials on your property and then leaves it there, it then becomes yours and you don't have to pay him for it. Or something. (IIRC from the TV prog rogue customers where unpaid builders tried to get there mats back from non payers, then finding out that they didn't have a leg to stand on)
 
Just tell him the deal is off. You accepted a verbal quote but then he changed the price. If you rejected the altered price then the original contract is no longer valid. Offer and counter offer applies.
 
as a matter of nosiness :rolleyes:

may we know what the price £ was and what it went up to? £

and if he asked for a deposit and that too then went up and you say that no money changed hands then what was the deposit going to be for and why, without said deposit, did he 'buy materials'?
 
If he dumps building materials on your property and then leaves it there, it then becomes yours and you don't have to pay him for it. Or something. (IIRC from the TV prog rogue customers where unpaid builders tried to get there mats back from non payers, then finding out that they didn't have a leg to stand on)

That's debatable. It could be theft by finding, but since he dumped it on your property apparently he thought it was refuse and you probably can keep it. Ask a lawyer about this one if you want to go that route.
 
you may find you have legal fees added to your house hold insurance,if so give them a call.
 

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