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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

AIBU to think, no you should have done it right in the first place.

13 replies

Ifeelshit · 30/07/2018 13:46

TLDR: workman did a substandard and unsafe job, is trying to charge us to put it right. AIBU to say no, he should have done it right in the first place!

Long version:
Last month we got some quotes to have work done in our house (fire fitted). We had several people quote and chose one, not the cheapest but not far off. All quotes were for the same spec - it's specialist job requiring certification of a governing body and has to be completed to specific standards.They came and did the work, we paid.

We've since had a second work man in (different job) who queried the work done by the other company - this persons job was to 'finish' the room (plaster, fix flooring, skirts) where there had been damage by the first guy (necessary damage involved in doing the first job). He is experienced in this area though does not provide the services of the first workman. He was so aghast at the work they did he gave us the name of someone he knew to come and look at it and pointed out things he felt were wrong. He then refused to finish his job, saying a) he didn't want to be party to covering up a job done badly and b) felt it would need redoing and would be a waste of money for us.

We got this third person round. He confirmed (for free and with no mention of him 'putting it right') what the second guy had said, he was pretty hacked off at the poor job done and even called the first guy up whilst at our house and essentially bollocked him. First guy agreed to come back and take a look. Third guy suggests we make a complaint to the certifying body.

First guy comes back (in the interim we have done some research and found the issues are pretty basic, should know stuff for a tradesman in this area) and we discuss the list of errors highlighted by the other fire guy. He starts fixing it. We query the fix, he says he has spoken to the governing body and that the material he is using to fix it is fine. We rang the governing body. We are advised that this is not true and put them on the phone (on speaker) to the workman. The governing body advise the material required.

Workman is now arguing that the materials needed were not included in the original quote and will need to be paid for. We are arguing that they should have been (the exact materials are actually not listed in the quote, simply "boarding out chimney breast to required standard"). Our argument is that they should have quoted the legally required materials. If they chose to try and make out quote cheaper by using sub-legal martials and we have noticed, that's their problem, not ours?

AIBU to insist they put it right, for free? And also get bloke 3 round to check again (which he offered).

OP posts:
Pengggwn · 30/07/2018 13:48

So, to cut a long story short, they deflated the quote by trying to bypass the legal standard for the materials used?

GreenTulips · 30/07/2018 13:52

I'm assuming they haven't used fire regulation boarding or fire retardant - so the plasterer refused to plaster over it?

Complain in writing to the gov body so you have it in writing
Include 2nd and 3rd people's opinion
If he refuses to fix it - get a quote and take him to the small claims court - should cost £30/40 and you candi it yourself

Take photos

Knittedfairies · 30/07/2018 13:52

Contact Trading Standards for advice (but I agree with you!)
www.tradingstandards.uk/consumers/support-advice

DGRossetti · 30/07/2018 13:54

YANBU. However, I've often felt that one problem with consumer law is that you are expected to give the original tradesman a chance to "put right" the issue before jumping to suing them for rectification.

In this case, why should you have any confidence in them to start with ?

On a more practical note, are they a member of a trade organisation like GasSafe ? Usually they take complaints about members very seriously.

catlady34 · 30/07/2018 13:58

Shock that is so bad!

Original poster
Ifeelshit · 30/07/2018 14:03

Pengggwn it appears so. Though this was not apparent in the quote, and was not so low as to raise suspicions (we got 4 quotes, one very high, one very low and 2 in the middle, he was one of the ones in the middle).

OP posts:
Racecardriver · 30/07/2018 14:07

Right. So you need to make a formal complaint to the certifying body and wrote a preaction letter. Give him the chance to put it right. If he dies not find someone else and issue a claim to cover the cost.

Original poster
Ifeelshit · 30/07/2018 14:07

greentulips pretty much exactly that. There were a few other things he also didn't do which would cause us some issues. I'm very grateful to the plaster for being able to point it out.

We have since had a couple of quotes for putting it right, in the region of £700.

The governing body is HETAS. We have had a conversation with them who have confirmed what the 3rd bloke said. The first guy has now gone home to "research".

I also hate that about consumer law DGRossetti

OP posts:
Pengggwn · 30/07/2018 14:07

Got it. I am assuming the law binds him as the tradesperson, rather than you as the purchaser?

Original poster
Ifeelshit · 30/07/2018 14:11

Racecardriver next step is to make a complaint to HETAS - they will then force him (threaten to remove his accreditation) to rectify the work. They will then inspect the rectified work, and if not up to scratch remove his registration, they cannot force him to pay for repairs done by someone else. We are choosing initially to deal directly with him and give him the opportunity to put right, but if he does not get back to us after his "research" that's certainly what we will be doing.

OP posts:
Original poster
Ifeelshit · 30/07/2018 14:13

Pengggwyn yes, I believe so.

If he doesn't put it right with either us or the governing body asking him to, the next step is small claims (or letter before action) but I'd prefer not to go that route - I'd like to move back in before Christmas!

Does anyone know, if doesn't do the work, for whatever reason, can we pay to get it done, THEN sue him. or do we have to small claims it first, then get it fixed?

OP posts:
DGRossetti · 30/07/2018 14:24

they cannot force him to pay for repairs done by someone else.

A court can. However there is a general presumption that he should be given a chance to put it right himself, before they award judgement against him. (With the usual caveat that judgement is no use if they have no recoverable assets).

And - as the OP initimated - who'd want this arsehole within a light year of their lives ever again ? I'm sure it's why there are so many godawfully shit "tradesmen" about. With all your "RatedPeople" and "Checkatrade" (I stopped there) being just as useless (since it's the traders that pay their wages).

GreenTulips · 30/07/2018 15:28

Get your paperwork in order
Get a diary and write down what was said to whom and when
Include the 'research' aspect etc

If he can't or refuses to complete the work without further payment - which I suggest you get in writing - ask him for a further quote ....
You can ask someone else to do the work and then sue him for the costs

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