Dispute over gardening work 'done' - HELP!

LittleWonder_2

My mum (a pensioner) needed some work done on her tree as it was encroaching on her next door neighbour's property. It is a rather large weeping willow tree. She got a range of quotes, however another one of her neighbours (a builder and landscaper) offered to do it for less. She accepted this as she on her own and struggling to make ends meet. She described what she wanted done - a 'topping' of the tree to reduce its footprint. This is where the problems start.

The neighbour proceeded to hack at her tree, providing no shape and certainly not taking the top off of it. My mum went out to the garden and told him that this was not what she wanted and could he focus more on shaping in than cutting the branches off. He ignored this, let himself into the garden while my mum was out and has chopped it back to little more than a stump in the ground - it really is quite upsetting to look at a 60 year old tree hacked at like this. I understand this is called pollarding, however this is not what she asked for.

My mum was very upset by this and even more upset when she saw that he was bagging up the tree branches and selling them - cars have been pulling up outside his house collecting bags and bags of logs. He must have made hundreds of pounds from this alone - this is clearly why he continued to cut the tree once she had told him not to - in order to get the logs.

The plot thickens somewhat at this point. My mum was not willing to pay him the full amount as he has left her garden in a complete state. There is 6 inches of sawdust in places and he even drove over her plants as he pulled into the drive. I really can't describe what a terrible mess he has left for her. He asked her yesterday for his money while she was getting out of her car and she asked if he could come back when my sister was there - she didn't want to have this argument alone. At this point he turned on her and started smashing at her door, shouting words that she wouldn't repeat to me and demanding his money. He hit the door so hard the putty has fallen out of the glass - she was understandably terrified and phoned the police. They have warned him about his behaviour - his response was that he just wants his money.

Apologies for the lengthy post, but I would really appreciate someone's advice on how to proceed with this. I know that some people will comment saying she was naive and should have laid down her expectations more clearly, however does not deserve the hack job he has done on her garden and she certainly doesn't deserve to be threatened.

In short, HELP!

SallyForth_2

I am pretty sure that the "logs" were not his to sell either, she should make sure he hands over the money from that first.

cord123

sorry nothing really to add other that what a disguasting man. I would suggest to him to take off the bill what he sold the logs for and then get your mum to also take off the bill the cost of the clean up and new plants he ruined... he may end up owing her!
People will honestly do anything for a £ note! disgusting.
I hope this gets sorted soon x

arcon5

I'd also inform the police and see if there is anyway it can be classed as "theft" or if it can be classed as something unlawful. I wouldn't hold my breath but worth a try.

With regards to his bill... what a disgrace... pay him a big fat £0!! You instructed him to do work and the work undertaken has nowhere near conformed to contract. If he thinks he's entitled to money let him take you to court. And don't end up paying him out of fear.

Also document every incident with a date/time. So if this gets out of control you will have a clear memoire of what exactly happened on each occasion.

LittleWonder_2

Thank you for your replies. The plot thickens. He has now further abused my mum - calling her a 'thieving old !!!!!' in front of my 8 year old nephew. Needless to say she is very, very upset. He denied it to the police and has continued to demand his money. My mum is terrified to not pay him - I'm worried that she is going to pay him just to get him to go away.

Any further thoughts?

arcon5

I wouldn't consider this for a second personally, but if you worry she may pay him out of fear, maybe you could pay him on her behalf, obtain a receipt that clearly states 'paid under protest', then persue him via the courts.
Only problem here is though is it's a short-term solution and if she was to persue him not only would it not guarantee the money back, he may act agressively during the proceedings.

Do you know somebody with a little bit more of a naturally intimidating nature that can discuss it with him? By this I don't mean somebody that looks like a tough guy nor do I mean for it to end with anykind of voilent confrontation. I mean somebody who can try discuss it with him whom he is less likely to act agressively towards or abuse....
(hope this makes sense..)

Or is there any kind of order you can get to keep him away from her or making contact directly with her?

LittleWonder_2

Not really. I have older nephews but I don't think they are mature enough to deal with it and they will probably get themselves into trouble if he insists on calling their gran a !!!!!!

I'll look into a court order - I'm just worried that this will cost just as much as paying him. The police have even said that it is her word against his - he is denying everything - how convenient!

It has been a great help reading people's supportive comments - all comments are gratefully received and are helping my mum to feel better - it's good to have people understand where you are coming from when the police can't seem to help!

arcon5

Perhaps she can carry a dictaphone with her or a digital camera with a recording facility. Then when he's shouting abuse, she can put it on record, her head down and walk in doors. After a couple of times go back to the police with the evidence. This also combined with the diary of events will be excellent if the problem gets out of hand.

If the young boy (the nephew) is with her also, maybe get him to write down briefly what he remembers also. I say briefly as i'm sure neither of you want to worry or upset him.

OneYorkshireLass

What an awful man, and him being a neighbour too makes it worse.

Your mum may have a neighbourhood/community police team. They are usually very accessible. If you can find a number for them, give them a call and see what they say. They will probably want to visit your mum - if they do, try and be there at the same time because I know from experience that elderly people will say "everything's fine"!

unholyangel

Not sure if its the same across the country but here you can also report them to the council - even if its not a council house. ASBO's can be served against people who own their home.

My local council also has a mediation service. Although i think (not 100% as i've never used it) one person needs to be a council tenant for that.

Emmylou_2

Firstly, I'd find out if he's a member of any trade organisations (such as the Federation of Master Builders) - look on his van/website - and contact them to see what they say.

Then I'd contact Trading Standards.

Next port of call would be the local paper, they love a good "pensioner scam" story. Especially if you've got a photo of the tree before, maybe with kids playing underneath, and then contrast with one of your mum looking sad under the hacked to bits tree.

And now for the last bit. I'd report him to HMRC. He was probably doing the job "cash in hand" - off the books and therefore no tax to pay.

It may not get your mum her money back but would definitely cost him some - either in terms of lost jobs from the negative publicity, or time & stress dealing with "the Revenue".