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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think that this is unfair and DP should be able to do something about it?

37 replies

Timeforanamechangey · 22/11/2015 17:38

Apologise for being vague but don't want to be too identifying and its a bit complicated!

DP has a useful skill (think, plumbing/electrician), is fully trained but is not currently working in the area the skill is due to lack of job opportunities in our local area.

In order to gain experience, he will sometimes take on small jobs from people he knows if they approach him to do a job.

A close friend of DP's recently asked him to do a job for her, he quoted her a price and she agreed to pay it and was happy with the price. Nothing in writing unfortunately. She also agreed to pay the cost of the supplies DP needed to do the job. The agreement was that DP would buy the supplies, provide her with a receipt and she would reimburse him on top of the labour costs previously agreed for the job.

DP did the job, took a few days and all was fine. Unfortunatly DP discovered a problem whilst completing the job that was nothing to do with him, it just happened to be him that discovered it whilst completing the work he was asked to do.

DP's friend was fine initially but when he contacted her to ask when the payment was going to be made, she kicked off saying that he had caused the damage/problem he discovered (even though he didn't) and she wasn't going to pay him. She also decided to take back some left over supplies from the job to the shop they were bought from (with the receipt she asked DP to provide as proof of the cost) and received a refund for them, which she has kept even though it is DP's money.

DP is now out of pocket as she refused to pay for either his labour or the costs of the supplies. Aibu to think this is awful of her and there must be something he can do to get his money back?

OP posts:
ShamefulPlaceMarker · 22/11/2015 20:51

If her dad helped can't you go to him for advice and for him to kick her up the arse (figuretively)

Timeforanamechangey · 23/11/2015 14:55

We don't really know her dad that well tbh but I'm fairly sure he would side with her. DP actually got another outside consult in to look at the problem while he was doing the work (after he discovered the problem) and he confirmed it was nothing to do with DP. She was told about it at the time and told him to just carry on with what he was asked to do and she would sort it later.

We visited the shop she returned the items to today and spoke to the person who served her. He said that she had told him the items were bought in error by her partner and needed to be replaced/refunded. Because dp had bought them on a card she couldn't get a refund but she did swap the items and was given a copy of the original receipt with DP's card details on! The shop have kept a copy of this, with her signature on, for us in case it goes further.

DP has messaged her one last time to give her the chance to pay up but she has replied basically saying that she is washing her hands of the situation and wants no more to do with us. Sad really, I thought she was a friend :(

OP posts:
summerainbow · 23/11/2015 15:09

Can't she get done for fraud then

Timeforanamechangey · 23/11/2015 15:16

I'm not really sure to be honest, DP was thinking about contacting the police but I don't know if they would be interested?

OP posts:
GruntledOne · 23/11/2015 16:39

How can you go to the small claims court for a job that wasn't officially a 'job' ?

Because it was a job, and because the woman entered into a fully enforceable contract.

GruntledOne · 23/11/2015 16:41

Send an official pre-action letter telling her that unless she pays up in full, including the value of the returned goods, he will sue and will claim interest and costs. There's lots of advice online, including the Money Claims Online website.

WorraLiberty · 23/11/2015 16:42

I'm pretty sure he would need written proof wouldn't he?

Kewcumber · 23/11/2015 16:49

I would have thought texts and facebook messages would be plenty. That is written proof of the job. Even HMRC takes digital evidence of receipts etc these days rather than paper records.

Timeforanamechangey · 23/11/2015 18:44

Well so far we have text/facebook messages confirming the details of the job, how much she agreed to pay and her subsequent refusal to pay.

We also have DP's bank statement that prove he paid for the items and we have the receipt signed by her and the store manager that prove she returned the goods and took his card details. Is that enough?

OP posts:
Kewcumber · 23/11/2015 18:55

I'm not a lawyer (accountant) but it sounds like a good start. I strongly suspect if you issue a summons to a small claims court she'll pay once it gets to court. Particularly if you can get the other consultant who looked at the job to agree to testify too.

OurBlanche · 23/11/2015 19:06

Take out the CCJ. Don't be scared of the taxman, you can do that paperwork on line in about 5 minutes too.

You could send her a last email, warning her, she may change her mind if you point out that that would sit on her credit report for years .

You have a pretty string papertrail for two offences, reneging on the payment for the job and receiving goods fraudulently. So go for it. You will probably win without too much hassle.

AyeAmarok · 23/11/2015 19:26

I think that sounds like a very good start. At the least, it will pit the wind up her that you're not messing about with this, which might be enough to make her do the honest thing and pay.

She's no friend of your DP. I assume that's the end of any relationship with her, regardless?

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