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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To consider reporting this to the police?

15 replies

pinkypanther · 07/06/2010 16:53

We bought a house 10 months ago (when I was pregnant with DS) and have been having some fairly major building works done to it. These were due to be completed many months ago but there have been various delays.

We are now on the final leg. Unfortunately, some of the final bits and pieces have not been done to a very good standard (or at all), and we have had to pay for materials ourselves which should have been included. Payment is due on completion of the job but DH has been advancing monies to the builders for cash flow reasons.

Anyway, we are looking to deduct the cost of the bits which have not been done, and the materials, from the final payment. As far as I can tell this is fair enough because we will have to pay someone else to do the bits which haven't been done, and we shouldn't have paid for materials in the first place (this is all documented in the contract). Of course, if the builder actually finished the work then we would pay him, less the cost of the materials.

The builder has told DH on the phone today that he must pay in full (regardless of the fact that not all the work has been done) or he will send his "partner" round to collect the money

DH is at work all day (long hours) and I am at home on maternity leave with our three month old baby. I am scared now to answer the door! Would IBU to report this threat to the police?

OP posts:
ANTagony · 07/06/2010 16:56

If you feel threatened in your own home you should contact the police.

Regarding the contract do you have a case for the small claims court to terminate it and settle for the work that is done and relieve them of obligations for work that isn't so you can get it all done as you want?

saslou · 07/06/2010 16:56

I think you should call the police. The builder only deserves to get paid for work completed to satisfactory standard. I'd get some legal advice regarding breach of contract, as your builder has failed to live up to his side of the deal

posieparker · 07/06/2010 16:57

Report it to the Police, they may have some advice for you as well. We had similar issues with our builder, they are crap for finishing stuff. I would hold onto an extra £5000 on top of the monies you're holding for materials until they finish the job.

He has threatened and intimidated you, I would definitely phone them. Let us know how you get on.

carocaro · 07/06/2010 16:59

get a solicitor. do you have a written contract with the builder? if you have home insurance some cover legal costs. do not pay for shitty work.

carocaro · 07/06/2010 16:59

get a solicitor. do you have a written contract with the builder? if you have home insurance some cover legal costs. do not pay for shitty work.

diamondsandtiaras · 07/06/2010 17:00

report hiim to the police and get some legal advice.......I guess your first port of call could be the CAB to see what they suggest.

FiveGoMadInDorset · 07/06/2010 17:01

Police, solicitor and trading standards

pinkypanther · 07/06/2010 17:02

All of it is documented. He hasn't got a leg to stand on legally but I don't know if we should just pay the money (about £1,000 is outstanding - and we had budgeted for this anyway as part of the project) so that I don't have to live every day worrying whether some heavy is going to come round and threaten me/the baby

OP posts:
vaunieathome · 07/06/2010 17:08

Get some legal advice. Perhaps write a sabre rattling letter and you could mention (on your solicitors advice of course) that if he threatens to send some one around again to collect the money, you will have the police on him. Good luck with it - poor poor you to be in such a position.

scurryfunge · 07/06/2010 17:12

Get solicitor's advice, the Police will see it as a civil dispute as no threat has been made.

posieparker · 07/06/2010 17:22

DON'T PAY.

ShowOfHands · 07/06/2010 20:24

Speak to the police. It is a civil dispute but you should not feel threatened in your own home.

Make a clear distinction in your conversation to the police stating that for the safety of your baby and your family you want to make them aware, possibly putting a comments marker on your address so you don't have to explain the situation in full if you have to call 999. Call in initially on the non-emergency number (this will be on your local forces web page).

Explain also that you are pursuing a separate civil action against the builder. They will not want full details of this.

If the builder is not coming back to the property except to receive payment then inform him you will not be paying and make any further correspondence via your solicitor. DO NOT PAY for bad work.

Hope that helps. Good luck.

flossielimejuice · 07/06/2010 20:29

Just read your post to dh who is a police inspector - he said it is a straight forward threat go straight to the police.

ShowOfHands · 07/06/2010 20:31

Just to clarify, my dh is also a police officer. He deals with things like this on a daily basis. My advice is from him too.

greenbananas · 07/06/2010 21:41

Mm, that seems fairly unanimous! Hope everything goes well.

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