non paying customer

bestyman

Hi all,
Although not a DIY question I posted here in the hope that some of the other tradesmen that read this may help.

I work as a plumber and had a call out to a leak in a bathroom. The basin tap was very stiff and in turning the tap fully off the tap moved and caused the tap con underneath to leak.
I showed the customer the problem and suggested new tap heads/bodies and change the fibre washer and refit the tap. This work was done at around 10am.

I heard nothing from said customer untill 8 am the following day . The customer asked for the cheque back because the job was leaking. I said I would not give the cheque back but would be there before 9 am to rectify any defects ( assuming that it was the same leak) free of charge. This offer was declined and she stopped the cheque.

I wrote to her explaining that I was not happy about this and she was wrong to stop the cheque. She wrote back staing that she stopped the cheque because I didnt do the job that I was called out to do , she also said that she had phoned me for 15 hours but the phone was unanswered (everyone else got through that night). Obviously I have no way of knowing if the leak was my fault ( or if there was any leak at all) .
She added in her letter thet she is "waiting to see" if the ceiling is damaged and will send me the bill if it is.

My next step is to issue a CCJ . I am thinking of doing this online to save solicitors costs but want to make sure that I have a watertight case ( pun intended). I feel that offering to repair alleged defects within the hour was not unreasonable ( within 24 hours of original job)and any court would rule in my favour.

Have I missed anything, any views/advise please?

Dave

myrnahaz

Give Trading standards a ring before you do anything else - they are surprisingly good in situations like yours, even though most people think they work for the consumer rather than the supplier. They will tell you exactly what you need to do to cover yourself (such as offering to re-do the job - both verbally and in writing, which you did). Your customer should have given you the opportunity to put right the work (assuming it was wrong in the first place) or at least to examine it. Her claim that she phoned for 15 hours is ridiculous, and the fact that she stopped the cheque won't help her - is it legal to do so? She's probably watched too many Rogue Traders programmes and thinks the law is on her side.

Trading standards will tell you what to say in a letter (or what to include in a CCJ) - and will quote various laws and acts that you can use.

Good luck.

Poppycat

Sounds like your being reasonable to ask to inspect the work and correct any problems if they have arised, I am sure any court would deem that as being reasonable.

As you have already wrote her a letter, I cant see what else you can do. Unless you want to write again giving her 14 days to pay in full otherwise I will take you to the small claims court. That would also surely demonstrate to a court that you are being reasonable.

If she has a claim against yourself for celing damage she would have to prove that I would of thought, and as you have already offered to correct any work had there been your fault that would surely go against her as you appear to be reasonable. Good luck.

moneysavingplumber

My sympathies bestyman, sounds like a real chancer and her actions don't sound like that of someone that has had defective work done, sounds like an opportunist.

It is possible, for a fee, to find out if this person already has CCJs, it wouldn't surprise me if she had, in a similar situation I found out somebody had no less than six already outstanding, although I did get my money with interest via the county court in the end.

I think it is illegal to stop a cheque if it's deliberately to defraud somebody, but the police wouldn't be interested in this case because they would see it as a dispute to be handled by the county court.

plumb1_2

I would give her 14 days notice in writing, send the letter recorded delivery.
And inform her that you will then sue, and claim for all cost's, letters, admin(time spent on the matter),

https://www.moneyclaim.gov.uk/csmco2/index.jsp

calmgirl

write it of as a bad customer and remeber to get card details next time, or use the small claims court

Meeten

I think that she is chancing her arm!!

It would appear that you tried everything you can do to rectify the situation and she was obtrusive to all calls to make ammends.

A letter telling her that she has 14 days to pay, else face a letter from a solicitor and court proceedings for non-payment, and a note telling her that the police have been informed. I hope this will show her that you are not a push over ....