Do you have to pay for sub standard work?

star2sparkle

Hi Guys. Hope someone can help :j
I effectively 'commissioned' someone to do some work for me but I didn't sign a contract and didn't pay any money up front (even though their website requested this, they didn't ask for it). I believe our emails would be considered as a contract though.
Anyway, their work was sub-standard and I wasn't happy with it. They were also charging a lot for what they had done (which they had done very rapidly). They'd had an advert in a magazine that was simply a lure as it was much less, which I was taken in by but I was aware of how much they were charging, I just expected a lot more than I got. He never showed me samples of his work before he did the job. I refused to pay. He then sent a variety of bullying emails, threatening that I'd end up with a CCJ and telling me I must tell him my address, which I didn't.
They are now endeavouring to take me to the small claims court (they have my old address, so haven't even got that right). I will defend the case, and he will have to pay another £100 on top of the £35 he has already paid for the allocation questionnaire.
What does anyone think about my chances here? Should you just pay for substandard work? I didn't think so, so didn't!:o
Thank you

InsideInsurance

It depends on the exact wording of the emails and exactly what is "sub standard" about the work that was done.

They were also charging a lot for what they had done (which they had done very rapidly). They'd had an advert in a magazine that was simply a lure as it was much less, which I was taken in by but I was aware of how much they were charging, I just expected a lot more than I got. He never showed me samples of his work before he did the job

A lot of the above sounds like sour grapes and mistakes on your behalf... how fast they do a job is irrelevant on a fixed price quote. You say you "expected" more not that you agreed on "more". He is under no obligation to show you samples etc

Hintza

Who knows we don't know the work that he has done or what was expected of him.

Sounds like you have been ducking him for awhile if you have moved house in the interim.

He might not get all his money but he could very well get some, most all + his costs.

star2sparkle

Assumptions there! I haven't moved since he did the work! He just has my old address because he did it all through the net. He is, actually, under some sort of obligation to give you an idea of his work...if not out of courtesy but my mistake for not asking for it. Are you guys suggesting that you pay a plumber to fix a leak even though he doesn't fix it? Thank you for your rather rude replies!

mattyprice4004

Don't be a tit, people are just trying to help. Just because it's not what you want to hear doesn't make it rude or wrong.

If he does a sub-standard job, he's still done some work and deserves to be paid SOME of the money - to leave him with nothing when he's bought materials etc is just an awful thing to do - shame on you if that's what you've done.

star2sparkle

Mattyprice ?? I reiterate...you would pay for a tap that drips that still drips just because he tried? Why are you guys so rude?! And it is rude the way you are replying. This guy has bullied me because I didn't like his work and overcharged me. So I should just pay him?! !!!!!!?! Normally this site is good, with constructive replies, not replies like this. What do you mean, awful thing to do? Shame on me? Do you just come on here to be horrible to people?

Errata

He never showed me samples of his work before he did the job

Why didn't you ask to see them? That's the question the court will ask.

System

I think you'll probably lose the case and end up paying a lot more than the original sum.

Will the guy not negotiate and accept a reduced sum? I think thats your best bet.

How much money are you talking about?

dalesrider

star2sparkle wrote: »

Normally this site is good, with constructive replies, not replies like this. What do you mean, awful thing to do? Shame on me?

Right. You want answers to your problem.

Then provide some info.
What was ordered?
What was provided. Quality is very subjective.... Did you tell him exactly what you wanted?
Overpriced?
Compared to what.
A rolls royce has 4 wheels, just the same as any other car... But costs a lot more... Is it overpriced?
Done quickly?
Well as they are the experts. Then they may consider they took their time.

TBH. The replies you got are a result of your OP. A company has provided the goods. You are not happy for various reasons, and do not want to pay.
They have done the work and not want paying for it..... So due to your non payment. They are left with no option but ot take you to court.
6 of one half a dozen of the other....

Idiophreak

So you
a) Agreed for someone to do the work without seeing their previous work
b) Discovered it was more expensive than you wanted, but went ahead anyway
c) Were disappointed that the work didn't measure up to your expectations
d) Refused to pay as paying the price you agreed to pay is apparently him "overcharging" you.
e) Started a thread on MSE
f) Lash out at anyone that dares offer you advice that isn't "he's a horrible man, you don't need to pay"...I don't see anything "rude" at all in the responses you received. Turning around and calling people (who are trying to help you) "rude", however, is certainly rude.

pka_2

What work was commissioned and what, in your opinion makes it substandard? Depending on what the work was, the term substandard could be very subjective and not as black and white as your plumber not fixing a leaking tap example.