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  • FIRST POST
    • mikee31
    • By mikee31 8th Mar 17, 4:18 PM
    • 84Posts
    • 17Thanks
    mikee31
    Kitchen Fitter has left me feeling angry and stupid
    • #1
    • 8th Mar 17, 4:18 PM
    Kitchen Fitter has left me feeling angry and stupid 8th Mar 17 at 4:18 PM
    Would appreciate some advice.

    At the end of October 2016 I entered into a written contract with an independent project manager (PM), recommended by a family friend, for the following kitchen work, some of which has been done but most has not been done;
    • Roof Plastered and painted (done)
    • Wall plastered (done)
    • Light supplied and fitted (done)
    • Tiles to be supplied and fitted (supplied but not fitted)
    • Flooring to be supplied and fitted (supplied but not fitted)
    • Sink to be supplied and fitted (supplied but not fitted)
    • Worktops to be supplied and fitted (supplied but not fitted)
    • New kitchen units to be supplied and fitted (neither supplied nor fitted)
    • Appliances (fridge freezer, oven, hob, dishwasher, washing machine, extractor hood) to be supplied and fitted (neither supplied nor fitted)

    In order to purchase the goods/materials and undertake this work I gave the PM a deposit of 22.5% at the end of October. Some of the goods listed above started to arrive and the gas plumber, kitchen fitter, plasterer all visited to assess the existing kitchen.

    The work was intended to start early December and be completed prior to Christmas. The plasterer carried out his work to the wall and ceiling However, there were issues with the fitter's schedule causing a delay and therefore we agreed a new start date of 3rd January.

    At the end of December I paid a further 55% of the deposit in order to commit to the works taking place, purchase of goods, materials, etc. A painter came round to paint the ceiling and fit the ceiling light. Clearly I was annoyed with the lack of progress but at least things were slowly happening.

    It was in early January that the real issues started and communication from the PM started to get less and less despite me chasing regularly for an update having not had any progress on the kitchen. I eventually (end of January) found out that the PM was going through a marriage split and was no longer living at the family home. This was the reason given as to why I hadn't heard much due to the PMs personal issues. Whilst I had some sympathy if it was me I would have had to carry on working in order to live, support the children, etc.

    Its now March (over 4 months on) the PM will no longer answer his phone and whilst I have had occasional letters/emails apologising for the delays, asking me to bear with him, claiming he has nowhere to live, it just feels like I am being ripped off and my money has been used for other things rather than what it is intended for.

    I have already written a letter to the PM threatening legal action if I do not have confirmation of a date for the work, purchase of the materials/appliances or return of the money within 7 days. This has not gotten me anywhere and its now almost 14 days since I sent that letter.
    However, the business address is the marital home and I have spoken with the wife of the PM who confirms he is not living at that address anymore. Speaking with his wife did however prompt the PM to email me when he hadn't responded to my calls/text/emails previously. I have also spoken with the family friend, plasterer, painter and intended kitchen fitter all of whom have not heard from the PM for a while.

    So, as the PM is not communicating with me (last received an email a week ago) my dilemma now is how to proceed. I am thinking small claims given that a mediator is pointless if the PM won't make contact and is no longer living at the address I have for them. However, if I make the small claims it will go to the business/wife's address and i'm unsure whether it will get me anywhere.

    Advice is welcome please.
Page 2
    • mikee31
    • By mikee31 12th Mar 17, 10:52 AM
    • 84 Posts
    • 17 Thanks
    mikee31
    So, as an update I received the following in an email on Wednesday evening (excuse the fitters spelling/grammar mistakes);

    "i am trying to sort things out i did not manage to get up to my children weekend il be visiting them tomorrow as for your wordings im in a very bad place at the moment believe you me i am.not enjoying it at all. I will sort everything out. i know your p!ssed off but i will sort it i will not rip you off im sorting it asap i have no intention of ripping anyone off i could f@ck off disappear but. No i will be back. If you do take legal action i will respond in the appropiate manner. Please send correspendance to her for now i will pick it up"

    I'm at the end of my tether with it all as I just want the kitchen I've paid for and am fed up of waiting whilst the house is in a mess. I don't know if he's intending on sorting things, or if he is even capable of it as I suspect the money has been spent, or if he just wants me to go legal. I haven't got the money together right now to pay someone else so am in total limbo.
    • mikee31
    • By mikee31 14th Mar 17, 11:51 AM
    • 84 Posts
    • 17 Thanks
    mikee31
    Have sent a final letter essentially saying that if the work isn't undertaken or the money returned within 14 days I will take him to court. That will have been 5 months which is considered more than adequate to undertake the work involved.

    I am not hopeful of getting anywhere but want to at least make this person understand that they cannot get away with treating people this way.
    • Bogalot
    • By Bogalot 14th Mar 17, 2:09 PM
    • 999 Posts
    • 2,584 Thanks
    Bogalot
    I don't think he set out to mess you about, it sounds like his whole life has been turned upside down and he's struggling to function, let alone run a business.

    It's frustrating but if you put things in perspective, you're in a far better situation than he is. I would try to work with him rather than going legal, that's not going to get either of you anywhere, and could be the thing that pushes him over the edge.
    • mikee31
    • By mikee31 14th Mar 17, 6:19 PM
    • 84 Posts
    • 17 Thanks
    mikee31
    Thanks. I appreciate that but how long can I wait, I have given it over 4 months. My home is a mess and my own relationship may be in jeopardy if it goes on any longer (joke!).

    I've given him plenty of opportunity to sort something out, give me a new address for him, a date for when the work may take place, repay the money, etc, etc.

    However I suspect he's spent the money so how is anything going to get done? It doesn't seem as if he's doing any other work so presumably has no money (or very little) coming in.

    I call/text/email/write to discuss often without a reply so how can I work with him if he's not working with me. Frustrating to say the least.
    • forgotmyname
    • By forgotmyname 14th Mar 17, 9:42 PM
    • 26,012 Posts
    • 10,371 Thanks
    forgotmyname
    I would have dont a bit of investigating to and even gone to see if he is living at that address after all.

    I know it was mentioned and someone said it was a bad idea and pointless. But if he is telling lies then you will have your proof that he is actually living there still.
    Punctuation, Spelling and Grammar will be used sparingly. Due to rising costs of inflation.

    My contribution to MSE. Other contributions will only be used if they cost me nothing.

    Due to me being a tight git.
    • mikee31
    • By mikee31 17th Mar 17, 8:11 AM
    • 84 Posts
    • 17 Thanks
    mikee31
    Thanks. Problem is I drive to the house and wait how long, an hour, five hours, a whole day? And then what if he is there, he could just be visiting his kids.
    • naedanger
    • By naedanger 17th Mar 17, 10:07 AM
    • 2,191 Posts
    • 1,772 Thanks
    naedanger
    Thanks. Problem is I drive to the house and wait how long, an hour, five hours, a whole day? And then what if he is there, he could just be visiting his kids.
    Originally posted by mikee31
    It might be worth checking if the house is in his name. If so then there is more chance that you would be able to get money back if you sued successfully. Still no guarantee e.g. he may have negative equity etc. Alternatively just sue anyway in the knowledge you may, or may not, get payment.
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