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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To not pay the tradesmen?

14 replies

ellie19812 · 19/10/2013 10:39

Posting here to get some opinions / advice on what we should do!

My DM has been having her kitchen done up. Materials purchased from a company, all fine, work to be carried out by 2 independent tradesmen.

To cut a long story short, it has turned into a bit of a disaster. Cabinets fitted far too low, cooker put in wrong place, work top is not level, kitchen sink not attached correctly, wires hanging out - The lot!! The workmen have offered to correct their mistakes (basically all the work that has been carried out so far), but my mum is not keen for them to do that as they just keep making things worse - She has lost faith in their ability to do a good job.

She has not paid them for any work so far (materials were obviously paid for up front). Would she be within her rights to NOT pay them anything at all, and to put the money towards getting someone else in to do the job?

Is there a correct procedure she needs to follow?

This has been long awaited and she has used her savings to pay for it so it isn't something she can shrug off really.

OP posts:
RevelsRoulette · 19/10/2013 11:16

She should talk to a lawyer, one who specialises in this sort of thing, make sure she does everything by the book.

I am not a lawyer, so may well be talking shit, but I seem to recall something about having to give someone the opportunity to put things right. So it may be that simply refusing to pay could be a problem for her.

Last thing she wants is to get sued by the crappy workers!

Original poster
ellie19812 · 19/10/2013 11:22

They have offered to redo the work as and when they can fit it in. They said they can't do anything at all for another 2 weeks and even then it will just be a couple of hours here and a couple of hours there. This is obviously really stressful and at the end of it she still won't have a decent kitchen.

I hear what you are saying about getting a lawyer, but there aren't any funds to pay one.

OP posts:
ICanSeeTheSeaFromHere · 19/10/2013 11:25

Contact citizens advice for free advice. What a horrid situation.

TigerBabyyy · 19/10/2013 11:26

Did she sign anything before they started work?

If not, then the tradesmen dont have a leg to stand on if they dont get paid.

thebody · 19/10/2013 11:27

citizens advice? or maybe local trading standards could give free advice! your poor mum.

greenfolder · 19/10/2013 11:29

would be worth you posting in legal.

KittensoftPuppydog · 19/10/2013 11:30

Take a lot of photos of everything they did wrong.
Get 3 other tradesmen to quote for putting the job right.
Tell the first that you will deduct the cost of putting it right from his bill. Send him the photos and tell him if he wants to pursue it he can try.

Original poster
ellie19812 · 19/10/2013 11:33

Thanks everyone.

No she didn't sign anything as far as I know, will double check with her on that.

Ok will call citizens advice and trading standards soon as possible. It is really sad, she has lived with her previous kitchen (think missing doors etc) for 10+ years. She finally decided to use her savings to treat herself as she is now retired and spends a lot of time at home, now this!

It will get sorted in the end no doubt, I just hate to think of her losing sleep in the mean time so the quicker the better.

Thank you :-)

OP posts:
RevelsRoulette · 19/10/2013 11:33

Sorry, I wasn't clear. I meant talk to as in the free half hour many give, not engage one to fight for her.

TigerBabyyy · 19/10/2013 11:49

Dont pay them, get someone else in.

AryaofhouseSnark · 19/10/2013 11:51

Oh your poor Mum, it sounds really stressful. I second posting in legal and contacting cab.
Hope you get it sorted soon.

DoJo · 19/10/2013 12:50

I agree that you might have a better legal case if you give them the opportunity to put things right, but that has to be in a reasonable amount of time and not in dribs and drabs as they are suggesting. I would write them a letter detailing every single thing that is wrong (with photos if necessary) and what you expect them to do to resolve each issue. tell them that they will need to come up with a plan to have everything fixed within however many days you think is reasonable given the scope of the work. If they are unable to do so, then you will engage someone else to complete the work and deduct that cost from their fees, which will not be paid to them until all the work is complete (whoever does it).

If they arrange to fix it within a reasonable time (which I think you should define), then they will be paid accordingly, but if you still aren't satisfied with the standard of their work then no monies will be forthcoming until you have had it all rectified by a third party. Send the letter recorded delivery and tell them that you expect a written response within 3 working days. That way you have covered all your bases and they won't have a leg to stand on if they try and take your mum to court for the money.

Tuppenceinred · 19/10/2013 12:54

Don't take advice from well-meaning people on an internet forum. Your mum should get out her household insurance policy as a first step and contact them to see if she can get some legal support. Trading Standards and Citizen's Advice also useful, but she might have some legal cover under her insurance.

mrscumberbatch · 19/10/2013 13:00

We had a very similar incident in our house and basically ordered the tradesmen out.

They had 3 months to do a kitchen which was bodged (scratched worktops, broken oven, dented sink, wonky lights, poor electrics, plasterwork with Greggs bags in itHmm)

We refused to pay on the basis that entire kitchen would have to be redone and we didn't want them in our home anymore, they took us to court and it was all so long and drawn out we ended up paying them as we could afford to carry on with court fees.

I couldn't even look at my kitchen without wanting to cry. I felt really taken advantage of. So much so we have now moved house.

Definitely go to citizens advice!

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