builder charging for work not agreeed to

sarakhan

Hi all

A builder has recently done some work for me. My neighbours claimed that their leaky roof was because of my chimney. I took my builder to meet them and given that no water was coming through my chimey, my builder said it was unlikely to be because of my side. Anyway, neighbour said that he would call environmental services and an independent roofer to resolve it.

A few days later, ,my builder went ahead without my consent and stuck some sand and cement down my chimney and replaced some tiles without my authorisation (either in writing or verbally). He claims I said to "use his judgement" but given that he was there when we spoke to the neighbour re independent survey, he should not have done it. He also said that he tried to get in touch with me for 2 days and couldnt get through on my phone (but everyone else managed to). When i asked him to check on his phone the time of the calls, he said his phone only stores the last number, which i doubt. Now he wants 250 quid from me for that. Also, insurance company refused my claim for the roof and so i didnt want to fork out for the roof just yet, which i told him.

Any tips as to how to resolve this? I think he is short of cash and is taking me for a ride. Can i go to any trade body for advice?

Thanks!

sara

Ebe_Scrooge

A tricky one. Basically, if you didn't authorise the work you shouldn't be charged for it. However, it's your word against his that the work wasn't authorised ( sorry, I'm not saying I don't believe you, but in the absence of any contract that's what it comes down to ). Unless, of course, there was a contract specifying exactly what work was to be carried out.

In terms of trade bodies, the main one is the FMB : http://www.fmb.org.uk/ Of course, he doesn't have to be registered with them, but they may be able to offer some advice. If that doesn't provide any help, I would suggest a chat with your local CAB to see what they can suggest. These types of situations can start to get more involved, with small claims court proceedings and such like, but hopefully a call to the FMB and CAB should at least clarify where you stand. And don't pay him anything for the unauthorised work until you've clarified your position. You must pay him for that which has been authorised otherwise that puts you in the wrong. But anything else, politely tell him that you're waiting for advice before proceeding.

dwarvenassassin

Trading standards - he sounds like a rip-off merchant

sarakhan

Many thanks for your replies. I forgot to mention that the builder turned up at my house demanding payment in cash (750 quid). I said that I needed a few days notice but insisted that he couldn't get in contact with me. I said I would give him a cheque but he refused. Also, I have not been given any terms or conditions for payment nor was I given an invoice until I demanded one. What is normal procedure when paying builders?

ormus

ask to see proof of his VAT number.
that should see him off ok.

dwarvenassassin

If he returns or becomes threatening, call the local plod - he'll soon go away.

sarakhan

Thank you for your advice. I do feel intimidated as he always has another bloke with him. Also, he still has the key to my property.

Blue_Fairy_3

He sounds like he is deliberately trying to intimidate you if he is bringing another man around with him to demand payment. It make me think he is dodgy if he is using those sort of tactics, it's not what a normal, professional tradesman should do. It sounds like you've agreed to pay him by offering him a cheque- don't offer him anything, as that is saying he's in the right and you're admitting you owe him for the work!

Anyway, any legit tradespeople should be happy to take a cheque. I pay my builder in cash sometimes (usually if it's a small job), but if it's a large amount I tend to give him a cheque. He doesn't mind either way, in fact last time I paid him I hadn't got enough cash to hand (the job was about £100), and he preferred me to give him a cheque than wait for me to go to the cashpoint a few minutes away.

And why does he have your house key?! Get it back if you can, asap. If not I'd consider telling the police personally, as he doesn't need to hold on to it and is probably only doing so to force you into paying up. You should only have given him your key once you had asked him to carry out the work for you and agreed a date/time for it to be done.

weegie.geek

Just hope he hasn't had another key cut...