Page 4 | Refusing to pay tradesmen

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?

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.

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.

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

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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

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.

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?

BIossomtoes · 27/09/2023 20:18

Brefugee · 27/09/2023 19:09

Of course it's a possiblity. If the property is compromised, that is not your DHs problem.

I think it would definitely be his problem!

2jacqi · 27/09/2023 20:19

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.

Does your husband know where the client works? You husband needs to see a solicitor about lodging a wage arrestment on the client. This will then be taken regularly from the clients wages before he gets them. His employer has to do this by law if he is served with the documents. All legal costs for the this also have to be paid by the client and are automatically added onto the debt so your husband does not lose any money. It might take time but it will eventually be paid off. Incidentally, what job did your husband do for the client?

Vinrouge4 · 27/09/2023 20:22

I’ve noticed more and more that companies want paying in advance. Whether it’s work done in the house, logs delivered, boiler serviced etc. sadly that is the way to go now. Deposit in advance and final payment before the job is finished.

Hankunamatata · 27/09/2023 20:25

Lessons were learned in our family with this. Deposits now taken, midway through work at least half payment has to be made then then rest on the day work is finished before leaving the house. It's all explained before work is started and written out in contract.

saltinesandcoffeecups · 27/09/2023 20:27

Good call I forgot about those.

ETA; this was in regards to lien process in the US.

redguitar123 · 27/09/2023 20:27

Are you saying he's had nothing in advance? I'm sorry, that's hugely naive. Completely standard for a big project to pay maybe 20% upfront, then the rest in 20% instalments during the job and just leave the last 20% for the end and after snagging.

Mygosh · 27/09/2023 20:27

Is the customer willing to pay in installments? I once had a customer who got me to fit a boiler and said he had no money. I said I was prepared to wait and he paid by cheque over the following 3 months.

You are right about small claims. There was a woman in my area who was a professional non payer. She was buying and selling houses, getting lots of trades in and never paid a penny. My ex colleague took her to small claims and she had a huge list of things that weren't completed. One was where he had taken the wooden floor up, she complained there was gaps 🤷 he decided that the extra work would take weeks to complete and had to write the money off.

Much better to deal directly with the customer.

redguitar123 · 27/09/2023 20:28

And his professional insurance should cover his legal costs to pursue this.

SheSaidHummingbird · 27/09/2023 20:28

@SENlife Name and shame on local media? Why not tell the people who are supporting the cafe?

SENlife · 27/09/2023 20:29

The guy that lost his business etc doesn't want the hassle of people giving him abuse which would happen unfortunately

Original poster

Wifeoftrades · 27/09/2023 20:30

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

I don't think more theft is what's needed to resolve this situation I'm afraid

OP posts:

bellabasset · 27/09/2023 20:31

Once you've got a!County ourt judgement put a charge on the property. Then issue a demand noticewhich will allow you to issue proceedings for bankruptcy. It worked for us, what was funny was the debtor had no idea we had charges on the property and his solicitor had to hand the proceeds over. I can still remember taking the call and my solicitor laughing at the other solicitors chagrin that we'd been sneaky. I'd paid an estate agent to check properties for sale so we knew I advance when they were up. I wish I'd gone to the auction now!. He partially mortgaged the other so every month when he pays that he knows it's because of us.

PonkyPonky · 27/09/2023 20:31

Small claims isn’t time consuming. I’ve done it a few times as I work for a company of tradesman and this shit does happen. Just send a couple of warning letters attached to emails first and this is all you really need to upload as evidence that you’ve tried to get payment from him. Usually when they get the first letter from the court, they pay up. Plus they have to pay the fee also. Don’t let him get away with it.

Original poster

Wifeoftrades · 27/09/2023 20:31

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

That's appalling!!!

OP posts:

Nursercurser · 27/09/2023 20:33

Is there any way you could report him to the police as I think this sounds like fraud?

Original poster

Wifeoftrades · 27/09/2023 20:34

2jacqi · 27/09/2023 20:19

Does your husband know where the client works? You husband needs to see a solicitor about lodging a wage arrestment on the client. This will then be taken regularly from the clients wages before he gets them. His employer has to do this by law if he is served with the documents. All legal costs for the this also have to be paid by the client and are automatically added onto the debt so your husband does not lose any money. It might take time but it will eventually be paid off. Incidentally, what job did your husband do for the client?

Edited

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I've never heard of this so thank you for that I will definitely look into it. I'm not sure if he knows where he works but realistically it's not hard to find out information about many people these days especially if they're on social media.

OP posts:

KvotheTheBloodless · 27/09/2023 20:35

bellabasset · 27/09/2023 20:31

Once you've got a!County ourt judgement put a charge on the property. Then issue a demand noticewhich will allow you to issue proceedings for bankruptcy. It worked for us, what was funny was the debtor had no idea we had charges on the property and his solicitor had to hand the proceeds over. I can still remember taking the call and my solicitor laughing at the other solicitors chagrin that we'd been sneaky. I'd paid an estate agent to check properties for sale so we knew I advance when they were up. I wish I'd gone to the auction now!. He partially mortgaged the other so every month when he pays that he knows it's because of us.

This. It'll be a long time coming but you'll get the money eventually.

If the person who owes the money has any assets like a car, CCJ can be passed to bailiffs for enforcement. If he works, a percentage of his pay can be deducted each month automatically (assuming he's not self employed).

Don't let this go, send the letter then take him to court.

2jacqi · 27/09/2023 20:35

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

Show quote history

Actually you would be surprised how many tradesmen go through the courts to get their money!!! My husband owns a company who does that legal work and I know there are builder, plumbers, sparkies, joiners, vehicle hires, plant hires! every type of company does! I know this because I process the documents!!!!

fuckssaaaaake · 27/09/2023 20:36

That's disgusting. I've always paid after but only because that's what they agree to but I would have paid half first if they asked. How dare he basically steal your partners services