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Dispute with a tradesman over invoice.

2 replies

MeMyHusbandAndTheRoofer · 24/06/2013 12:19

I was wondering if anyone could please give me any advice in relation to this matter (which is rather long, sorry.)

We recently obtained a quote for some work to be done to our roof as there were holes in it. We contacted a company we had used in the past (although it appears that it has actually changed hands) and they came out and gave us a quote - it was higher than expected and so my husband queried it with them. They stated that in addition to holes in the roof (which we could obviously see by looking into the attic) there was also some slippage which needed "quite a lot of tidying up work doing". They said that they would provide before and after photographs so we could see that the work had been done. We agreed for them to go ahead.

When they attended at the house, they were present from knocking on the door upon arrival to knocking on the door, having completed and packed up, for only 45 minutes. We queried the work with the roofer who was present and he said it had been done. He said the office would email the photographs to us.

We immediately contacted the office, and expressed our concerns at how quickly the work had been completed when we had been told that there was "quite a lot of tidying up work to be done." They eventually sent us some photographs which showed the holes to the roof and these having been repaired. They did not provide photographs of the slipped tiles so we have no evidence that this portion of the work even needed doing in the first place.

We have expressed our concerns that they have not provided the before and after photographs of the 'tidying' part of the work (they said the roofer didn't have time as he had another job to go to!), they were only present for 45 minutes and they refuse to respond to our concerns, all of which have been made via email. The only response we receive from them is demands for payment and a threat to come to the property to remove the slates from the roof.

We have paid two thirds of their invoice (the part which relates to repairing the holes) but have so far refused to pay the additional £100 for the 'tidying' element of the work because of how quickly the work was completed, that they haven't provided photographs and they refuse to answer our queries. I sent them a letter with the cheque again expressing our concerns and reasons and stating that the payment we were making was in full and final settlement of their invoice. They have cashed the cheque.

They have again emailed us stating they 'just want paying the correct amount' and have threatened, again, to remove the slates from the roof as they haven't been paid for.

I believe that they are simply trying to bully us into making payment and I refuse to be bullied, even though it is 'only' £100.

Can anyone offer any advice as to the legal position; are they entitled to remove the slates from the roof (which would therefore cause holes in the roof?) Is their only course of action to proceed through the small claims court? Are we within our rights to withhold payment for the portion of the work that we do not believe they have completed, particularly as they refuse to discuss the work with us?

Thanks if you made it to the end of this epic post. Your advice would be appreciated.

OP posts:
Lonecatwithkitten · 24/06/2013 12:37

I would think it is worth phoning your local trading standards to ask their advice.

mycatlikestwiglets · 25/06/2013 11:33

They absolutely can't remove the slates from your roof and, by cashing your cheque sent in full and final payment, they no longer have any legal right to claim the additional sum they are seeking.

I would suggest you tell them that they are not entitled to set foot on your property and if they do, they will be trespassing and you will call the police. I would also make clear that now they have cashed your cheque, they have waived any right to the additional sum they are claiming, which was strongly disputed in any event because you believe they have not done the work they agreed to do.

Is someone usually at home to make sure they don't come near your house? If not I would contact trading standards as Lonecat suggests above to report your concerns and perhaps also seek advice from the police on 101. If you have a friendly neighbour who could keep an eye out whilst you're out that might also be a good idea.

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