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builder trying to get me to pay his overdrawn charges!!????

(18 Posts)
PinkChick Mon 21-Jul-08 12:49:24

paid builder x amount by cheque tw weeks ago..just under a week alter i get letter from bank sying chq could not be processed as signature didnt match..rang builder straight away to tell him and ask him for his bank details and that i would transfer direct..his wife gave me them later that day...tried to do it online that night..wouldnt work (amount needs to go through security checks), so rang to do it over phone..builder rang me sat, the money isnt in his account yet and as he has paid suppliers/bought new amterials(new jobs, not mine) he has now gone overdrawn and as a payment has come out theyve charged him for that too!

now he asked me to speak to my bank to refund these charges to him, but just rang and they said no, he knew there was a prob with the chq as i rang him straight away and you should NEVER spend money from a chq until its cleared as its not 'money in the bank' so to just text him this and said they will not pay as he basically shouldnt have spent it until its cleared, have not heard back yet....he's already charged me and extra £1000 for this same job despite giving me an initial much lower quote and now he wants his charges paying by me??????...please help or advise as im guessing ill get a call when he rang me this morn, i asked if he had an oevrdraft (to cover these tyoe of things ) and his wife was screaming in the back ground it has nothing to do with me wether he has an overdraft or not!!hmm....
what to do?
i KNOW im not paying his charges as he's already bumped my invoice up by £100, but what to say..i still ahve a few bits of work left for him to do and obv want it done, and he doesnt have the full amount of bill yet (being that he put it up so high, ive had to laon more!)

PinkChick Mon 21-Jul-08 12:50:38

bumped up by £1000 not £100smile..sorry for bad spelling/typo's

ilovemydog Mon 21-Jul-08 12:51:20

Why was wrong with signature? Why did bank refuse?

Lauriefairycake Mon 21-Jul-08 12:53:08

but if he has been charged for going overdrawn then the maximum they can charge is £12 now.

I would pay £12 and apologise but I wouldn't pay more.

pgwithnumber3 Mon 21-Jul-08 12:53:50

Ahh, builders. Nightmare they are. One tried to overcharge us by £5,000, DH told him to fuck off.

Where his overdrawn charges are concerned, I don't think he has a leg to stand on but go and speak to the CAB before you tell him no. You have been reasonable and let him know why the cheque was stopped.

Good luck.

PinkChick Mon 21-Jul-08 13:24:05

thaks everyone, apparently my sig didnt match the one i originally had when i opened the account?!!(12 years ago!), i let him know straight away..the T*AT has already asked for an extra £600 out of us plus cost and fit of new window, if he cant maange his own money and banking then thats not my prob!

PinkChick Mon 21-Jul-08 13:37:17

he's sayig he received chq in 'good faith' and only 'used' it 2-3 days after he put it in..well sorry but AFAIK chqs take 5 working days??? and even at 2-3 days, the chq had still not cleared so even at that point he still shouldnt have been spending it...i also gave him chq in good faith and didnt forsee this, but theres no way im paying for him spending what he didnt check that he already had!..i already told him chq wasnt in and to me that would say be careful, wait till its actually in, but no!...wonder if ill get my kitchen finished now then???hmm

shirleyghostman Mon 21-Jul-08 22:27:35

Oh pinkchick this is a real devil & deep blue sea scenario.

Can you not speak to him and see if you can come to a compromise? Sometimes you have to grit your teeth and pay regardless when these situations arise! [GRR] emoticon!

PinkChick Tue 22-Jul-08 10:03:51

Hi Sg, the prob is, he's already bumped up our bill by £1000 on top of initial quote, we have had to laon MORE moeny to do this, a lot of his extras we dont agree with, but ok'd them as we just wanted job, because he spent money withou checking it was ACTUALLY there to spend, hes gone overdrawn, i contacted him immediatly when i knew there was a prob and transfered the money asap, but as hed already been spending it, he was charged by his bank..even his bank agree with us that you dont spend money unless its there, if you do, you WILL be bank say the same and so do i..IF he ahdnt just bumped up our bill by this ridiculaous amount, as a normal soft soak, we may have helped, but no actual fact if his texts get any more threatening he wont be getting the extra amount at all..we will pay for the amounts required to buy the diff materials(movable spotlights instead of static/s.stell switches instead of white/more expensive radiator) but no way to paying extra labour and extra skip!smile..sorry not ranting at you, just had an evening of horrible texts of him and am annoyed/stressedsad

kerryk Tue 22-Jul-08 10:41:51

a bit beside the point but sending you texts about this is so unproffesional! what kind of a business is he trying to run that he sends texts and cant manage his own money, who in there right mind would start spending a big cheque bfore it had even cleared.

how much work has he still to do for you? value wise i mean. if he is going to turn nasty and it does not total that must i think i would cut my loses and get someone else in to do it.

PinkChick Tue 22-Jul-08 11:04:19

i know KerryK, thats exactly what i thought what makes it worse is that last night at tea time he turned up unnaounced and was all nicey to dp and said he had to re-measure windowhmm..he told us he had already meassured window and had aleady ordered ithmm..then he went on to dp about being let down by a guy who was working for him and dp said "yeah unreliable builders everywhere"smile..unintentional and was a bitshock when i told him how id heard itsmile..but these texts started coming about 1/2 hour after he'd left..WHY couldnt he have spoken to us in person while he was here!..this and the fact his wife was shouting down the phone at me, make me think he is unproffesional and has no guts!

PinkChick Tue 22-Jul-08 19:55:51

ok, more to come!..todaya t nursery drop off with mindee the builders wife waits until we get into the very small stairway to class room, comes right up to my face and 'bellows' "HIYA"!..i say hi and carry on trying to help mindee up steps and she shouts in true fish wife style "eer, shes not talking to ME now is she...." and carried on blabbing while i walked away trying to get mindee away!

teacher asked what THAT was about so i told her and she was very unhappy with her, got home and rang builder and absolutely went through him..i first asked what his wife was doing shouting and bad mouthing me (a childminder with a good reputation) in the local nursery, then it all came out about him adding extras on, that in actual fact the top and bottom of his bank prob, 'was' in fact HIS problem, I didnt spend HIS moeny before the cheque had cleared, he did and wether he usually does that or not, he only has himself to blame, i told him im not comfortable with him any more, i find him unproffesional, his wife has underminded him and showed me up and i am going to get in someone else to finish the job!
he said he HASNT paid for my kitchen yet, despite this being his reason that he neeed the £3000 off me!

i told him that at no point did he say the extra plastering would involve ME paying the plasterer for extra days, he never said he was only there for 3 days, nor did he bring it to my attention when it happend!..i asked him to get a grip of reality and said I am faced with a £900 EXTRA bill to find and he and his wife are causing holy hell because HE has gone overdrawn and is NOW hit with a £45 fee!, i know which id rather have!

I then told him that i had been more than polite and patient and that a 7-10 day job was STILL not finished 5 weeks later, im not botherd if he had other jobs lined up, you dont get paid till youve done the job end of!.

His wife approached me AGAIN at nursery this afternoon and said "i want to speak to you, can you wait there a minute"... i say No and walked away i wasnt getting into another argument ..she followed me to were i pick my dd and other mindees up and waited until i was walking home before saying (although NOT apologising) that she was like she was cos she thought i was ignoring her! which i calmly replied i have nothing to say to you, i deal with my builder, who ahppens to be your husband, what i say to him is my business not yours and i do not take kindly to being shouted down the phone at then humiliated inside classroom. she then asked me if i was going to speak to her husband!(obv hadnt told him how 'nice' she was earlier and i said i already have and walked away all the while trying to be calm and look after the children.

ive got hom and rung my aunty who's a solicitor, shes said same as many of you...if i asked for extra's, i pay for them, but if job turns out bigger than he estimated for thats his problem and i do NOT need to pay extra labour when he should have(already DID looking at his quote) factored a little extra in.
She s said if anything comes of it to give her name and mention about him illegally employing this plasterer and hopefully it will sink in he is in the wrong..a bit of communication would have gone a long way, i could have either said ok, i agree to the extra work and will pay extra or no, you quoted this, im paying this..either way, its now got nasty and i have no idea where its going nowsad..what a mess!

figroll Tue 22-Jul-08 21:10:47

Good for you! Well done for standing up to them.

(Just been idly reading through and builders really get my goat - they want paying as if they are brain surgeons).

PinkChick Wed 23-Jul-08 14:06:35

thanks figroll, he sent text this morn saying hope we're ok???? and can i come and finish job tomorrow but have put wndow on hold due to convo yest!!!! have told him AGAIN no i dont want you to finish it, i have now spoken to MY solicitorhe said hes contacted his) and have now sent email detailing ALL the problems from start to finish right up to cheq, extra fees and his wife!..hope it does some aunty is solicitor so shes given me the advice..if needs be we will go back to her if hes being an arse..fingers corssed!smile

PinkChick Mon 28-Jul-08 10:52:48

is it unusual to have not had any kind of response from builder since i sent email?, is he now just waiting for me to go abck to him with figure??id have thought he would have acknowledged it?? or maybe nothmm

CantSleepWontSleep Mon 28-Jul-08 11:08:28

Builders are arses.
Ours quoted £3k for a job and then charged us about £12k, hasn't done the finishing touches and refuses to come here again because we didn't pay his last bill of £70 for an hour's work, when he left without finishing off the jobs he was meant to do. He also took several months to do the work instead of a couple of weeks, making it so late that we might as well have had it done as part of the larger building works that we are now undertaking (with a diff builder).

No help to you I know, but plenty of empathy coming your way.

PinkChick Mon 28-Jul-08 11:42:02

thanks CSWS, this builder said £3500, now he wants £5500 (inc our units)plus he wants us to pay his overdrawn fees!, he wants almost £700 extra for addidtional labour!!(not as much as yours tho, so sad angry for you!)

send him email explaining what we do and dont agree to and said we will not work out what we ARE going to pay..i put a read receipt with it, but you dont have to accept those, but still not ehard back?, i thought at least a sarky cooment? and dp will now have to work out what it will cost for other people to do the finishing touches, and deduct that from bill, then the extra he added on will be removed other than the materials we specifically asked for/knew about!..argh..what a nightemare!

PinkChick Mon 04-Aug-08 21:48:23

HI there..still having this problemsad..need a bit mroe still not done, stroppy 6 page email from builderhmm..he has said he will get someone to finish work and wants paying now!

spoken to aunty solicitor, she says NO to extra labour-his prob for underestimating and even so did NOT discuss any extra money rquired at time, to let him get someone to do work to save us running around finding someone else, that he cant do ANYTHING as hes not 'supplied the product he promised and you dont pay for something you havent got'

ive now listed all probs that need sorting finishing and told him we will pay initial balance upon our satisfaction of completion and that we will NOT pay his extra labour charges due to him underestimating/not discussing them with us.

am mixed between f*cking fed up and fuming..can someone give me some light at the end of tunnel, were can i go from here??

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