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Does anybody have any legal knowledge? Long, sorry

8 replies

gemmiegoatlegs · 27/11/2006 16:36

Hi there,
My mum (somewhat of an emotional minefield) has spent the last 6 months saving for central heating. Back in May she had a written qoute from her favoured plumber. She went in to their shop last month, to check that the date was confirmed and to give them her new telephone number. The work was supposed to be carried out this week. When she went to drop her key in at the weekend she was told that her dates had been given to somebody else as @they "had not been able to contact her". She was really annoyed but agreed to get the work done on the new date, two weeks later than scheduled.
She came to see me really upset and feeling like she was been messed around as they had now mentioned wanting half the money up front, which she totally did not feel comfortable with. I called on her behalf at the weekend and agreed with one of the sons (it is a father and son business) that she would have the work done on the revised date but would not pay a penny till the work was done.

Soooo, today the plumbers wife rang me (I had agreed to be a contact should they be 'unable ' to reach my mum again) saying they absolutely will not do the work unless she pays upfront.

Now I think that they are being totally unreasonable as don't ask the rest of their customers to do this. I suppose what I'm wondering is
A) do they have any right to cancel her scheduled date at such short notice?
B) do they have any legal right to demand payment upfront? I was under the impression that payment for services had to be made within 7 days of work completed.

I would tell them where to stick it but my mum has been looking forward to this for so long and as I said is quite vulnerable. Any advice would be much appreciated, Gemma

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trixymalixy · 27/11/2006 16:45

Do not pay upfront!!!

Don't know about the legal side of things, but made the mistake once of paying a tradesman before he was finished and could not get him back to complete the work.

It is reasonable to ask for some money upfront to pay for materials, but no reputable tradesman would ask for full payment up front.

mumatuks · 27/11/2006 16:48

Hi, I have no legal advice, however, I would personally walk away now whilst no money has been handed over and no work done. If they are being like this now, what could the work be like? Just think, your mum has to have them in her house, would she feel comfortable with that?

I know it might cost more, but can she go to her gas supplier or get quotes from elsewhere (i.e bigger companies?)

Hope she gets it sorted soon.

NotActuallyAMum · 27/11/2006 16:49

Agree with triximalixy, I don't know where you stand legally either, but NO WAY would I pay ANYONE up front in full for doing any job, however big or small

Freckle · 27/11/2006 17:03

Why is your mum so determined to use these people? Could she not get a quote from another reputable firm and get them to do it? It is not unreasonable for tradesmen to need some money up front to cover the cost of materials, but I wouldn't be happy paying half when they've already messed me around.

If your mum isn't up to getting further quotes, then could you do it for her?

gemmiegoatlegs · 27/11/2006 17:19

thanks for the replies. I am stymied cos really it isn't any of my business. My mum has used this company before and ironically, was determined to have them do it as she could trust them! I don't know which way to advise her as she is totally reliant on my help with things like this. The plumbrers wife sounded like a right harridan and i so dont want my mum to pay her a penny but she rally wanted to have it done before xmas and is just so fed up. i fear going through the process of sacking the plumber, getting quotes and waiting all over again will send her into a breakdown.

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Mumpbump · 27/11/2006 17:22

If I were you, I would say that she will pay them, say £500, up front and the rest on completion. It is fairly common for tradesmen to require some money up front, but I agree that you should definitely not pay all. You could point out that they had no problems getting paid last time and that their rescheduling has caused your mother some distress and that you have suggested she make a reduced initial payment because you are concerned that the job might be put back again.

Remember that all things are negotiable and make sure you pay by cheque so there is a paper record.

Freckle · 27/11/2006 17:37

Actually if they will accept payment by credit card, it's better to pay that way if the amount is over £100 (provided you pay off your credit card when the statement arrives). That way, if there is a problem, you have recourse to the credit card provider as well as the tradesman.

Ensure that you tell them they are not to automatically deduct the balance without your mother's express permission.

gemmiegoatlegs · 27/11/2006 20:37

I've since spoken to my mum and she has decided despite the carry on, she wants to go ahead. I told her I will write a cheque and give it to the plumber on the day before he does the job, but I will post date the cheque to the date work will be finished. That way they have a guarantee that payment will be made. If they try to rip her off I will bounce the cheque faster than the LA Lakers. It was the next best thing I could think of to a Credit card payment. Unfortunately have not got three thousand pounds available. LOL. I am gonna give the evil plumbers wife a ring and I've told my mum that any more stipulations from the plumbers and she is taking her good money elsewhere. Thanks for all your suggestions.Gem

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