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Original poster

decorator problems.. what to do?

71 replies

thisisyesterday · 09/02/2011 19:57

Hi all, hoping someone can advise me on this

we hired a decorating company to come and do ds1's new room.
the man who runs it came out and and gave me a quote. just a verbal one.

I wanted dp to talk to him before they started as he had some specific thing he wanted to ask, so told him to call the guy and just go through stuff and get a "proper" quote etc etc

he didn't. but we went ahead anyway

painting has been done. It is ok. But it isn't great. DP called the boss man and he came out to have a look and was apparently just totally uninterested in the whole thing,. Kept telling dp how he has this ad that other huge contract and that basically our small room is nothing to him.
He the phoned the guy who did the work and shouted at him down the phone about it and told him to come back and sort it out

DP said that the boss man was really intimidating and so he didn't actually metion some of the issues we have with the job because he just felt it would make no differece ad the guy was going to get angry

anyway, the man who did the job came back and repainted the skirting board and tidied up another few bits, but it still isn't perfect. it's ok. it's not great.

the thing is it is a lot of money. It wasn't the cheapest quote we had, but the guy seemed really nice when he came to do the quote and seemed as though they'd do a good job... they also have good feedback on checkatrade

we're a bit scared of him and neither of us really want to ask them to come back again. but at the same time we don't want to pay so much for a job that hasn't even been done that well...

we haven't had an invoice, ad the boss said he'd come round in a few days for the money. He said it'd cost more if we paid by cheque as he would then have to pay VAT Hmm

I am not sure what to do? I can neaten up the painting myself. And we probably will end up paying the amount he quoted me even though we aren't happy, but I feel really sad about the whole thig, and I am not happy that he is trying to get out of paying VAT....

OP posts:
Appletrees · 10/02/2011 13:55

thisis, stop feeling sorry for people

the guys did a bad job and you are the loser in this

just becaue they work fr you doesn't mean you need to feel sorry for them

Appletrees · 10/02/2011 13:55

mozette well that's annoying

i've got a lot of work for your other half abotu six hundred miles away :)

lalalonglegs · 10/02/2011 13:56

I've had people try to pull this sort of trick on me and I am easily intimidated but, fortunately, quite good at not showing it. Think logically about this - what can he do? He's not going to hit you. He'd be stupid to start screaming and shouting too much (you could have him removed by the police which wouldn't be much fun for him) - you hold the money so you hold the cards.

Fold your arms, stand up tall and refuse to budge. Cancel the carpet fitters to give him a reasonable time to remedy the situation. You will hate yourself for not having stood up to him if you don't.

Quotes are usually excl VAT - but I would ask for proof that he is VAT registered, many builders are not.

Grockle · 10/02/2011 14:03

Only read OP but I have just sent an email to Checkatrade re a similar issue I had with a builder. All good reviews (almost all 10 Hmm) but he did a crap job (broken tiles, cracked the brand new bath he fitted, caused a leak that ruined the ceiling and walls of room below & various other things). When I refused to pay the balance til he fixed all the problems, he got really nasty. In the end, after countless threats to take me to court for breach of contract, I told him to go ahead and I would counter-sue (I did have legal advice) and he's disappeared. My complaint to Checkatrade never appeared on their site and he continues to have amazing reviews which I seriously doubt.

Sorry for rant Blush just wanted to say I sympathise. Not sure what you should do - I'd be inclined to pay most but not all til it's finished but that will most likely cause a load of aggro. Or pay the whole lot, fix it yourself and forget about it Sad

Original poster
thisisyesterday · 10/02/2011 14:16

ok. dp's response is that he wants to go up there and just hand over the £900

Am going to talk to my mum and see if my Aunt will help me sort it out. no-one messes with her, I am too much of a wuss.

Do you think I should e-mail him back saying "you quoted me £750, not £900. As the job has not been done satisfactorily I am willing to pay £650 directly to you"

OP posts:
Grockle · 10/02/2011 14:19

That sounds reasonable. If he wants the £100, he can come back and fix the work.

You could check with CAB for more advise or, if you Google, there are other sites that offer free legal advise for situations like these.

I know it's horrible to be in this situation - you just want the job doing and for it to be done properly and to be over. Good luck.

Appletrees · 10/02/2011 14:29

no don't email he'll argue

just give him the money

Appletrees · 10/02/2011 14:29

hope he left the paint -- you paid for it

get a bit of masking tape and do the edges youself

Original poster
thisisyesterday · 10/02/2011 14:37

I have just e-mailed consumer direct to see what they say

Haven't e-mailed the guy yet.
DP is not keen to give cash, at least, not without going up to their office and getting a signed receipt for it- i don't thik that will happen though as they will refuse it if it isn't the full amount

so will wait and see what CD say before I do anything further

OP posts:
Grockle · 10/02/2011 14:43

Here is some of the advice I received:

The Supply of Goods and Services Act 1982 says that any service should be carried out with reasonable care and skill;

If the trader fails to resolve the situation, you may then be able to get a second trader to rectify the problem and then pursue the first trader for the cost; but you need to be aware that, if you did this you would be contracting with the second trader and would have to pay him regardless of whether the original trader pays you or not. In the end the only way to enforce these rights would be through the courts but that is seldom necessary.

Contact the trader and tell them what you expect. Send an email or letter by recorded delivery, keeping a copy. This helps prove that you have been reasonable.

  • State all important facts
  • What you have contracted for
  • how much you paid
  • list the problems
  • state that service has not been carried out with reasonable care and skill
  • ask the trader for what you feel entitled to bearing in mind the aforementioned comments.
  • Give the trader a reasonable period of time to carry out your request and set a date.
Appletrees · 10/02/2011 15:07

oh that is very sensible

ignore me

Original poster
thisisyesterday · 10/02/2011 16:29

thanks Grockle

I have e-mailed him saying that as far as I was concerned £750 was the full amount payable.
I have pointed out we are on a deadline, that we aren't 100% happy with the work yet but that we would be willing to pay x amount and leave it as it is, otherwise our only other option will be to cancel the carpet fitters (with them absorbing cost of this) and have them back until we are totally satisfied with it.

I have also quoted this line from their website-
"We are so convinced with the quality of our work that no payment is
required until the customer is completely satisfied."

now i feel scared waiting for a reply. I really do hate any kind of confrontation, even via e-mail! am hoping he will be nicer to me than he was to dp seeing as I am a mere slip of a lass! haha

OP posts:
Original poster
thisisyesterday · 10/02/2011 16:59

oh dear, now he is sending me threatening e-mails and dp is out all evening :(

OP posts:
lalalonglegs · 10/02/2011 17:22

Copy and paste.

Grockle · 10/02/2011 17:26

Don't panic. That's what my builder did too - I was terrified he'd turn up on my doorstep and I still fear bumping into him around town. What is he threatening?

Do you have photos of the work?

Make sure you keep all emails and correspondence. And please make sure you rate him on Checkatrade (they seem to make it hard to review a trader who you don't recommend) - it's important that other people know about this, even if all other reviews are good.

Are you ok?

Original poster
thisisyesterday · 10/02/2011 17:28

i mailed him back and told him if he turned up here I would call the police. and that if he was going to make threats then he could do so via my solicitor.

i've also rung my dad and he is coming over!

OP posts:
Grockle · 10/02/2011 17:31

Oh, good for you! Hope you are ok. It's horrible when someone makes threats and scares you. No-one should do that.

Have a look at this thread too

Mobly · 11/02/2011 07:50

If he is making threats via email then he is also very stupid aswell as incompetent, and a fraudster by the sound of it.

I would call the police for advice.

Appletrees · 11/02/2011 09:17

checkatrade are on another thread offering help

Original poster
thisisyesterday · 11/02/2011 18:09

just thought i'd update. last night he sent me a new invoice, accompanied by a rather nasty e-mail. this time for £756... what's that about? trying to "win" an extra £6 from me?

anyway, i decided not to respond any further last night as my mum and dad came round and I figured there was not really anything else to say.

today i've had 2 more e-mails accusing me of not paying, and saying that if i haven't paid by monday he will call in debt collectors and that this is on advice of a no-win no-fee solicitor

i suspect this is all bull... but what if it isn't?

should I just pay up the £756 and let him have the extra £6? can he call in debt collectors over this just because I haven't paid within a couple of days? it isn't even 24 hours since he sent the newest invoice anyway!

am still waiting to hear back from consumer direct

OP posts:
Original poster
thisisyesterday · 11/02/2011 18:38

bumping

OP posts:
LadyintheRadiator · 11/02/2011 19:18

This reply has been deleted

Message withdrawn at poster's request.

Bogeyface · 11/02/2011 19:21

I am not sure he can just call debt collectors just like that.

Afaik, they can try and make you pay but to get bailiffs involved it has to go to court, especially as you are disputing a) the amount and b) the work itself.

I think you need legal advice on this, if only because as soon as he realises that you are talking to solicitors he may well back down. His admittance that he spoke to a "no win no fee" lawyer suggests he doesnt have retained legal advice and is trying to scare you. He may well have just googled it!

I would write to him saying that you are currently seeking legal advice and you or your solicitor will contact him in due course.

Original poster
thisisyesterday · 11/02/2011 19:21

LITR..... i am not sure what I want now :(

i was hoping consumer direct woulkd have got back to me by now, but nothing and I can't call them now as it's too late, but perhaps i will in the morning

i thik we were leaning towards paying the £756.. but i can't do that until monday ad I am now really scared that he actually will call in debt collectors.
i know rationally that it's unlikely, but it still worries me and i am going to have a miserable weekend now

the outraged part of me says "bring it on" take me to court ad let's see what happens.. but i don't know if i have the guts to call his bluff

OP posts:
Bogeyface · 11/02/2011 19:25

i don't know if i have the guts to call his bluff

He is banking on that.

He knows full well that finishing the work to a crap standard and then attempting to bully you in paying a figure he seems to have plucked out of the air is not on. Also to hassle you for non payment less than 24 hours after receiving the invoice is shoddy too.

If he turns up at your door dont answer. If he emails again reply that you are talking advice and will contact him again as soon as possible.

Bullies do this because they can, because people are too scared to stand up to them.

What is the absolute worst he can do? He can kick off and send as many emails as he likes but there is nothing he can do to force you to pay until you are ready. You need to remember that YOU have the power here, not him!