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Original poster

Should I CANCEL a CHEQUE if a tradesman has done poor work???

18 replies

drosophila · 27/10/2006 20:40

Not sure what to do here. We had our front garden done including tiling. We were told not to walk on it for 24 hrs so did not get a chance to check it. Today we noticed some very poor finishing work and we phoned him. He said he will come around next Friday afternoon and see to it.

My question is this: I gave him a cheque when they finished the work should I cancel it or is that the worng thing to do??

OP posts:

lulumama · 27/10/2006 20:41

did you pay in full?

if so i don't know if you can.

if not paid in full , you can withold some money until the work is done satisfactorily.

does he know you are dissatisfied?

Original poster

drosophila · 27/10/2006 20:52

Yeah did pay in full but could not leave the house to inspect the work as it is a terrace.

He knows we are unsatisfied but what worries me is that he didn't say he would be around asap to fix it. Waiting a week is a poor response I think.

OP posts:

lulumama · 27/10/2006 20:54

i think so too.....maybe say you are stopping the cheque on the proviso he will be paid in full when you are completely satisfied..rather than not saying anything

i bet that will get him round quickly and ready to finish the job properly!

southeastastra · 27/10/2006 20:56

stop the cheque if he cared he'd be round sooner than next week

Kidstrack · 27/10/2006 20:57

is it a big company or small individual one? if its a reputable company i wouldn't cancel, but if its an idividual i would cancel it until you are happy with the result, just phone and tell him you have had to cancel it until the job is done properly, there is nothing he can do about!

Crotchety · 27/10/2006 20:58

IME (with plumber) it's very difficult to get them back to fix something once you've paid them...

harpsichordcarrion · 27/10/2006 21:01

No, don't do it. It is the wrong thing to do because a cheque is legally an agreement to pay. If you break that agreement to pay then he has a claim against you, notwithstanding that the work is substandard.
I would ask him not to cash the cheque, or even to bring the cheque back to you until the work is completed.
sorry I don't think that's the answer you wanted ...

Original poster

drosophila · 28/10/2006 11:35

Harpsicorder. I thought your suggestion was a good one as implicit in that is that I might cancel the cheque anyway. DP disagrees he thinks that he will almost certainly say he has presented it t his bank and can't return it and then where do I go from there. It is not on my account yet.

What do you know abou the legality of canceling a cheque. The office of fair trading say it is not illegal to cancel a cheque.

OP posts:

lulumama · 28/10/2006 11:38

it is a promise to pay.....but can be stopped...hence banks allow it, but charge for it.

IMO, it is an agreement to pay, based on the work being satisfactory..the work isn't..so no payment....

if he claimed for non payment..you can counterclaim for shoddy work..you don;t intend not to pay, but to pay when work is satisfactory..

can't imagine he would sue over a stopped cheque

it would take at least 3 working days to clear...call the bank on monday

but i would call him too to explain....

my legal knowledge is old and fading! so i will defer to HC if she is correct...but i imagine the office of fair trading are right..

Original poster

drosophila · 28/10/2006 12:01

Thanks. I spoke to bank and they said I have until 15.30 on Monday to stop cheque. We have decided to stop it and will tell him on Mon. We have already paid 50% so he should know we are good for it. As DP said it gives us leverage. My only concern is pissing off people who know where you live.

I hate dealing with Tradesmen!!!

OP posts:

Pinotmum · 28/10/2006 12:05

I'd stop the cheque and this will ensure he WILL return. Dh is a builder and always leaves amounts unpaid if he is to return to do odd and sods as he says there is no incentive otherwise. This guy may be booked up for the week that's why he can't return immediately but you aren't happy with the the job so cancel the chq.

Original poster

drosophila · 28/10/2006 12:13

I found this on a UK Gov site:

"I bought a computer yesterday and I think it is faulty. I have stopped the cheque but the shop manager rang me up today and threatened to take me to court. What are my rights?"
Generally, it is very risky to stop a cheque. This is because a cheque is legally an agreement to pay, and by breaking that agreement, the shop may have a valid legal claim against you, even though you might have been supplied faulty goods. It is better to complain to the shop promptly, and they might agree to cancel the cheque for you, or give you a refund or replacement. Remember, paying by credit card for goods over £100 gives you additional rights if things go wrong.

It mirrors what Harpis says. I haven't canceled it yet but hinking about it the contract was to pay 50% up front and 50% on completion. Could I not argue that it is not completed yet (It isn't finished that's the problem)?

OP posts:

Original poster

drosophila · 28/10/2006 20:12

decided not to cancel cheque. The unfinished bits are fairly small and they did work hard at the hard graft. Not everyone has an eye for detail so it would seem fair to leave cheque. Fool I hear you say!!!

OP posts:

fairyjay · 28/10/2006 20:21

Maybe you could speak to him and say that you are concerned the job won't be completed when the 'completion balance' goes thru' your account. Would he rather return to complete earlier, or would he prefer you to cancel the cheque issued, and re-issue on completion?
Might give him a kick up the backside, but at the same time, you seem to be acting very reasonably.

beegee · 28/10/2006 20:22

I don't think you're a fool at all.

It's good they are going to come back to tidy up bits and make the finish better.

My dp is a tiler and, although it doesn't happen often, he perfers it if a client isn't happy to tell him...then he has the opportunity to return and improve it for them so it's up to the standard he expects of himself.

It's if they don't come back THEN there's a problem.

Original poster

drosophila · 28/10/2006 20:23

Interesting idea Fairy Hmmmm

OP posts:

hotpot · 29/10/2006 16:11

Just to add to this thread, there are only 3 reasons you can cancel a cheque and one of them is fraud. Sadly, disatisfied with work is not one of them. I read it in Which? recently and was shocked at what reasons you could legally stop a cheque for.

Although it tends to be a run of the mill thing to stop a cheque it is legal tender (it is really like paying someone cash and then robbing it back) and it shows your intention to pay.

As you are doing, get the guy back and show him what you are unhappy with (I hate tradespeople and tend to write a list so I only have to occasionally look them in the eye when complaining!!!)

beegee · 29/10/2006 18:57

Cor, hotpot - hate trades people??

Come on, some are quite good, honest folk, actually...my dp is one of them

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