Supply of Goods & Services Act

welnik

.......................................

DVardysShadow

Proceed exactly as if you were going to sue her.

Only communicate in writing, keep copies. Collect evidence - eg advice from manufacturer even if this is not favourable. Acknowledge phone call [your point 7] in a letter - offer her a chance to have the job finished [remember to state to the effect 'with manufacturer's recommendations taken into account' if manufacturer's evidence is not favourable] or to have work to present invoiced. Set a deadline for a response [month?] after which you will present an invoice. Present the invoice, exactly fair and justifiable to the £1, send reminders exactly as normal.

If she then decides to sue you, make a counterclaim based on the invoice and you will have everything in place for your defence and the counterclaim

welnik

DVardysShadow wrote: »

Proceed exactly as if you were going to sue her.

Only communicate in writing, keep copies. Collect evidence - eg advice from manufacturer even if this is not favourable. Acknowledge phone call [your point 7] in a letter - offer her a chance to have the job finished [remember to state to the effect 'with manufacturer's recommendations taken into account' if manufacturer's evidence is not favourable] or to have work to present invoiced. Set a deadline for a response [month?] after which you will present an invoice. Present the invoice, exactly fair and justifiable to the £1, send reminders exactly as normal.

If she then decides to sue you, make a counterclaim based on the invoice and you will have everything in place for your defence and the counterclaim

Thanks for that DVardysShadow. You get all these report about rogue traders, but I think we need to start highlighting rogue customers. Many thanks.

Tozer

What sort of value would the claim be?

welnik

...............

Tozer

OK so it is within the small claims jurisdiction of the County Court.

I suggest you simply move forward by giving her 7 days to pay up in full or issuing proceedings in your local Court.

Make sure that it is very clearly documented that you are happy to go back to rectify the minor issues.

On any analysis, you are entitled to be paid for work done (quantum meruit) even if the full job has not been completed.

DVardysShadow

welnik wrote: »

The quote was a £1000 and the customer paid £500 towards the materials. I'm just worried that she will get someone in to rip the roof off, discard the materials and then say she wants the money back. My OH is already out of pocket labour wise as there is just no way they are going to part with any more money. There is nothing wrong with the materials supplied and the manufacturer's rep has confirmed this. Luckily he has put this is an email to us.

Good to have the email. Guard it

The customer refuses to put anything in writing and will only communicate over the phone. I just find everything a bit odd because if I was unhappy as a customer, I would want my money back.

Of course, you can echo back their phone call in a letter to them, which puts the onus on them to write and deny it and gives you something you can put into the court.

I think they are going to finish it off themselves to save paying the rest of the bill. There were two different types of roofing material that he could have used. Basically two different grades. My OH has used the superior, more expensive one. They are saying he should have used the cheaper one. I personally think they are the sort of people, that no matter what you do, they can always find something to complain about.

You are down £500, it may be more worthwhile to let that go and put the energy into what you do know, rather than court cases - but do be sure you can defend and counterclaim.

DVardysShadow

Tozer wrote: »

OK so it is within the small claims jurisdiction of the County Court.

I suggest you simply move forward by giving her 7 days to pay up in full or issuing proceedings in your local Court.

Make sure that it is very clearly documented that you are happy to go back to rectify the minor issues.

On any analysis, you are entitled to be paid for work done (quantum meruit) even if the full job has not been completed.

Mostly I would agree, but the one thing which is missing is to get the cancellation written into the record which can be presented in court. As welnik says, customer only communicates by phone. So what is required here is a letter to customer acknowledging the cancellation instruction, giving 14 days cooling off and an interim invoice for works to present time, due for payment at the end of 14 days. Only after that move towards court.

The idea is to be seen to be bending over backwards, so a judge would say "the supplier has been correct and reasonable" and so that the customer's solicitor would work out the judge's reaction and advise her not to waste time in court

Tozer

Yeah I agree but I think it is worthwhile OP simply recording (in writing) the position and leaving it to the customer to refute it.

DVardysShadow

That is effectively what I am suggesting

welnik

................................