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Legal matters

Rogue customer!

14 replies

Violathing · 18/10/2013 12:46

My dp is a decorator and he began work 6 weeks ago for MR W, he wanted the whole house doing as the house is going up for sale soon. He had tried to DIY but made a mess. After a week when dp had done basic prep only filling and undercoats etc he told him he was unhappy with the work and not to come back.
He has reported him to trading standards and his professional trade body and basically being very unreasonable.
He did not allow the work to be finished and dp thinks he got him to do all the hard work and never had any intention of paying.
I know that his work is a high standard, he has been doing it 20 years and never has this happened before. This man is intent on ruining the reputation built up over many years. He eve says he is seeking £ from us for shoddy work. Anyone got any idea what we can do, we have tried to walk away and draw a line but he is like a dog with a bone and is tarnishing his name anywhere he can.

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Mabelface · 18/10/2013 12:48

I'm only a layperson, but would get your husband to draw up an invoice for the work done, then chase for payment after a 7 days.

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Violathing · 18/10/2013 12:52

We did this initially and he wrote back saying no way. He has finished the attic bedroom, stairs and landing did the bathroom for free as it was not in the original quote, two first floor bedrooms.dp estimated about £1000 but were willing to negotiate just to cover the cost of outlay on materials.
cannot believe there are people like this, dp is only trying to earn a living

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Violathing · 18/10/2013 13:01

Problem is nothing is completely finished so it is hard to value

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nextphase · 18/10/2013 13:07

But you can value the hours and materials he put in.
Hope its resolved soon. Sunds horrible.

Can you take customer to court for unpaid invoice?

Look on the bright side - it was stopped at this point, rather than at the end of the job when you've spent more time and money on him.

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Violathing · 18/10/2013 13:10

We don't really want the hassle of it all we are prepared to draw a line underneath and walk away but he is not happy with this. Main issue is trying to tarnish reputation in what is essentially a small market town where everyone knows everyone,s business. He is a complete twunt

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Violathing · 18/10/2013 13:22

Any advice from a legal POV.?

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RedHelenB · 18/10/2013 13:34

Raise an invoice & charge him for the work done!

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Violathing · 18/10/2013 13:43

Dne this and he will not pay. He has had an independent expert take a look apparently who said the work was not upto scratch (not finished) also said paint was on carpets! This is his on DIY and blaming dp. It is an imposs situation

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Custardo · 18/10/2013 13:45

small claims court www.adviceguide.org.uk/england/law_e/law_legal_system_e/law_taking_legal_action_e/small_claims.htm

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Violathing · 18/10/2013 13:50

The stress of it all is taking its toll. I reckon mr w is getting a kick out of this, and he wotksfor the police, what an upstanding citizen!

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ZiaMaria · 18/10/2013 14:04

ts not impossible - your DH is entitled to be paid for the work he did. If the guy won't pay, you have to take him to court. If he claims your DH caused damage - he has to prove it (which he likely won't be able to because I doubt he took any photos before he decided to start painting himself.)

Sadly, your choice is to sue him on a quantum meruit basis*,or to let it go.

*Wikipedia explanation: When a person hires another to do work for him, and the contract is either not completed or is otherwise rendered un-performable, the person performing may sue for the value of the improvements made or the services rendered to the defendant. The law implies a promise from the employer to the workman that he will pay him for his services, as much as he may deserve or merit.

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Violathing · 18/10/2013 14:10

Walk away is what we want less hassle but he won't let it go.

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moldingsunbeams · 18/10/2013 15:13

This reply has been deleted

Message withdrawn at poster's request.

Violathing · 18/10/2013 16:08

well it is not finished so it will like this, top, finishing coats need applying. The point is that he was not allowed to complete. I guess it is one word against another really. DP said if he was allowed back in to finish it would look a top job. He prides himself on doing good work

the ironic thing is that he said he had a bad feeling about the customer when he met him and decided not to quote for the job, he kept ringing him and asking him when he could start. wish he'd listened to his instincts