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AIBU?

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Refusing to pay tradesmen

131 replies

Wifeoftrades · 27/09/2023 19:01

DH is a tradesman and has finished job. The customer is refusing to pay and it's quite obvious now that this was always his intention. He has admitted that there is no problem with the work but he can't afford it and never could but it needed doing. DH is out ££££ on materials and paying his employees.

I'm just so sick of tradespeople being treated like this, you wouldn't believe how common it is. There is basically no chance of him ever seeing that money.

How would you like to go to work for a week and then have your company say that they've decided not to pay you? Please do not hire someone if you can't pay them.

OP posts:
bellabasset · 27/09/2023 20:15

You can issue a county court judgement. Get a!large photocopy of the bill, the County Court summons and post it on a placard where it will embarrass the debtor most, work, home, golf club etc. Has anyone on here been a victim of slamming and if so how did you deal with it?

Rainbow1901 · 27/09/2023 20:13

I'd go the legal route and if they still don't pay - get a charge put on the property. That means when they come to sell the property - he'll get his money - but he could be a while waiting!!
I feel for your DH though - but he needs to be hard headed when it comes to business. Deposits up front, and then interim payments and no further work done until each tranche of payment has been made.

UpToMyElbowsInDiapers · 27/09/2023 20:13

Wifeoftrades · 27/09/2023 19:06

Sadly this isn't standard practice in his industry so customers would probably feel uncomfortable being asked to do so. Downpayments are sometimes done and I'm not sure whether one was paid in this case but the final invoice is not getting paid

Is it really not standard where you are? I live in Canada but here it’s pretty standard to receive a quote, and then pay in thirds:
1/3 to reserve their time
1/3 when they have purchased materials for your project
1/3 upon completion of the work
…or thereabouts

Doris86 · 27/09/2023 20:11

Wifeoftrades · 27/09/2023 20:02

Thanks for all of the advice I will pass it along to DH.

Those saying to go and take back the materials it really isn't that simple. A lot of them are worthless now they have been used and the most valuable ones if taken would mean the property could sustain significant damage which I don't know if he would be liable for. It's a minefield.

It’s not necessarily about getting any value back for the materials. It’s about not letting the customer get away with benefiting from a completed job that he has refused to pay for.

I’d then be contacting all the tradesmen in the same trade in the area, warning them about this non payer. That way he won’t be able to get anyone to come and put the job right again after your husband has undone it.

Palmasailor · 27/09/2023 20:10

Wifeoftrades · 27/09/2023 20:02

Thanks for all of the advice I will pass it along to DH.

Those saying to go and take back the materials it really isn't that simple. A lot of them are worthless now they have been used and the most valuable ones if taken would mean the property could sustain significant damage which I don't know if he would be liable for. It's a minefield.

It doesn’t matter that they’re worthless.

the real problem is your dp doesn’t want the confrontation.

trust me. Go back and start taking it apart. See what happens

as me how I know.

LifeExperience · 27/09/2023 20:10

I'm in the US and we have something called a mechanic's lien here. It's a lien against the house that a contractor did work on. The lien amount is paid directly to the contractor if the house is sold. Do you have anything like that where you live?

neilyoungismyhero · 27/09/2023 20:09

I have family in a like situation. You have to rely on the goodwill of your customers. Your life really is feast or famine a lot of the time.

Isthisexpected · 27/09/2023 20:07

riverlodge90 · 27/09/2023 19:04

Do they park a car on their drive OP?
Accidentally on purpose blocking their car in with a van may make them more eager to reach an agreement.

This worked in the 90's for my dad

Same but 80s. Also turning up outside work etc and preparing to make a scene.

FormerlyPathologicallyHappy · 27/09/2023 20:07

It’s not that hard to go to court. I’ve used small claims god knows how many times for much less than your dh is probably owed.

If it’s too much for small claims you can still go to court or send a letter before action detailing how much it will cost them to fight a case if costs are awarded to him. Courts don’t like cases being bought, they expect people to behave themselves and not refuse to pay tradesmen. It won’t look good for him if your dh has to use legal redress and if he can’t afford the job he can’t afford the court case.

underneaththeash · 27/09/2023 20:06

I've never heard of this before.

You do have the right to remove good which haven't been paid for.

sunnyseed · 27/09/2023 20:05

That is absolutely appalling. How can someone allow a trades person to do work in their home and spend money on materials they have absolutely no intention of paying for?! Can he send in bailiffs or debt collectors OP? My dad is a builder and I think he’s had to take people to the small claims court before. If this guy had no intention to pay then that is theft. Might be worth getting some legal advice to see where he stands.

burnoutbabe · 27/09/2023 20:04

SlightlygrumpyBettyswaitress · 27/09/2023 19:53

He owns a property. Get a judgment. Enforce it

Yes clearly they have property even if no other assets so long term you can get money back off them (unless they are bankrupt)

DreamingofGinoclock · 27/09/2023 20:04

I don't suppose you know what he does for a living (also his spouse or partner if has one) ...if it is a profession that he needs to be a member of a professional body may be worth threatening to let them know.

The area I work in we would get thrown out of the professional body for "bringing them into disrepute" if this kind of thing was to be drawn to their attention

SENlife · 27/09/2023 20:03

My husband is a tradesman. It has happened to him multiple times, but if they ask for money up front the customer accuses of being a cowboy and after running off with the money (which he would never do, too honest and massively undercharging)
It also happened to his mate which sent his business under, what made it worse is it was a local cafe and when he approached them they used cancer as an excuse 😡 and clearly had no intention of paying and had been turning round to trades they owed thousands to and going oh by I have cancer (never high risk btw) now they have the locals all praising there achievements but none of the locals know that they got there through thieving and destroying tradesmens businesses and families. Makes my blood boil

Takeitonthechin · 27/09/2023 20:03

Get them to pay instalments weekly/ monthly
Take out what you've put in
Or take something of a similar value, jewellery, tvs, PS5 etc

Wifeoftrades · 27/09/2023 20:02

Thanks for all of the advice I will pass it along to DH.

Those saying to go and take back the materials it really isn't that simple. A lot of them are worthless now they have been used and the most valuable ones if taken would mean the property could sustain significant damage which I don't know if he would be liable for. It's a minefield.

OP posts:
Fingeronthebutton · 27/09/2023 20:00

My friend made and fitted 6’ high about 20’ long metal railings. The customer refused to pay.
My friend got his angle grinder and cut them all down. Job done 😂

Wifeoftrades · 27/09/2023 20:00

Nosleepforthismum · 27/09/2023 19:33

Did he put steels in? That’s awful behaviour from the client. My DH is a builder and is currently going through something similar with a client who is refusing to pay the final invoice and is making up all sorts of rubbish to wriggle out of paying.

My DH’s dad owns a building company as well and he sends out a document to anyone who refuses payment which usually does the trick without having to go the legal route. I’ll ask him when he gets home tonight.

It's obviously quite common sadly. Thank you that sounds really helpful.

OP posts:
Wifeoftrades · 27/09/2023 19:59

Neverknewidfindmyselfonhere · 27/09/2023 19:22

My brother is also a tradesman and he is owed £41k by a customer that refused to pay and even told the architect that they couldn't afford it all before they went ahead with the job. You can't remove any materials as it's trespass. There was nothing he could do as he can't afford the solicitors to pursue payment. They then went on to get more work done by other tradesmen and now have a beautiful home, that he has half paid for! Almost bankrupted him but he has had to just move on and try not to be bitter.

This is awful I'm so sorry!

OP posts:
Poppysmom22 · 27/09/2023 19:58

This made me laugh not at you op but at the number of people who say on any trades thread that no decent tradie should expect payment upfront for materials or otherwise the. Say the exAct opposite here. People who do this are complete scum sadly there's no recourse other than legal action.

SlightlygrumpyBettyswaitress · 27/09/2023 19:53

He owns a property. Get a judgment. Enforce it

shockthemonkey · 27/09/2023 19:49

I couldn't decide if YWBU or not. Surely if it was obvious from the start that the customer had no intention of paying, then that is the time to protect yourself.

Ask for downpayment at least, if not payment in full... or walk away, if it really is obvious that the customer has no intention of paying.

If the purchase of materials is involved, it surely must be standard to have the customer pay for that, etiher directly with the wholesaler, or upfront through the tradesperson.

Thelittleweasel · 27/09/2023 19:49

@Wifeoftrades

This is exactly what the "small claims court" is for. It is a simple enough process but you do need to get all the evidence together before any hearing. Copies of estimate, copy of bill, copy of bank statement [to show non-payment], pictures of the work. Letter from the defendant saying it's OK but he cannot pay.

There is no guarantee that you will get the money [but it is fun later sending the high court bailiffs round.] The defendant will get a County Court Judgment which may give him all sorts of grief!

jlpth · 27/09/2023 19:46

Hopefully someone on here will provide you with a suitable letter to send to this evil thief.

However, I do agree that it goes both ways. There are a lot of bastard customers. There are also a lot of tradespeople doing awful, shoddy work and ripping people off.

IsItUs · 27/09/2023 19:45

Search the address at land registry for a copy of the register - it'll tell you (a) whether the customer owns it (so there's something to get a charging order against) and (b) whether he has other CCJs in which case he might not care about another.
Also google his name and address, see if he's a director. They don't like going bankrupt.
This sort of info might give you a clue as to whether he's worth pursuing, or cutting losses. If no CCJs on property he might care a lot more than he pretends about possible legal action and a nasty mark on his credit history.

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