Workman damaging neighbours property

A workman that came to my place has damaged my neighbours property. He didn't think fit to mention to me that he had done so, but there is no way he couldn't have realised what he had done, though it's only minor level damage.

The neighbour is understandably upset and I am about to "chase" this workman to cover the cost of putting right his carelessness. It's quite obviously his responsibility, rather than my neighbours or mine to pay to sort this out.

The fact that he didn't mention that he had done the damage indicates to me that he intends to try not to "meet his responsibilities" on this.

I have arranged for the damage to be put right and will be contacting him to tell him how much he owes for the bill for this.

Any suggestions please on how best to pursue getting the money he owes for this out of him? I will start by pointing the fact out pleasantly and telling him what his bill for this damage is...but I have a very strong suspicion that it will be met by lying and nastiness in response and he will try to deny he did it and go off into a "Big thick man trying to bully a little woman act". The neighbour witnessed him doing it, but I would rather not involve the neighbour if I can help it (as it will create extra hassle for them if I do).

If I do get the expected nasty/lying response from him, then should my next stop be the Small Claims Court to recover money owed or has anyone any other suggestions?

Has anyone got any experiences of having to pursue a workman for money owed for damage to property like this?
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Comments

  • kelpie35
    kelpie35 Posts: 1,789 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Have no advice to offer you MTSTM but you seem to be having a disastrous time with this new move.

    Hope you are able to sort all your problems out very soon.
  • Ivrytwr3
    Ivrytwr3 Posts: 6,299 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I have arranged for the damage to be put right and will be contacting him to
    tell him how much he owes for the bill for this.

    Why? You have put yourself in a worse position by doing this imo.

    You didn't cause the damage and i think you will have a devil of a time claiming any cash back - especially as you haven't given the builder the chance to rectify the damage himself.
  • Surely the builder should have been asked to repair the damage first...then if he didnt you might have legitimate claim.
    Is there some detail you arent telling us?.........
    :A Goddess :A
  • It's not damage of a type that could be rectified by him, as it doesn't involve the type of work he does and I cant see him having the right skillset to do it himself. I know exactly who the neighbour has used for this type of thing beforehand and he does have the correct skillset necessary.

    He is a workman, but not a builder (but it is useful to hear in advance some of the "excuses" he might use in trying not to pay for this).
  • Take photographs of the damage and give the workman copies with a letter advising you are holding him liable for the repair costs.
    You scullion! You rampallian! You fustilarian! I’ll tickle your catastrophe (Henry IV part 2)
  • jellie
    jellie Posts: 884 Forumite
    Part of the Furniture 500 Posts Name Dropper
    I cant see him having the right skillset to do it himself.

    How do you know he doesn't have the relevant skills to put right the damage, or that he doesn't know someone who does?

    I would have thought you would be better off by raising your concerns with him first and asking how he intends to rectify the damage.
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 19 October 2013 at 4:03PM
    The builder won't pay you anything if you have contracted elsewhere to make the repairs. You should not have got involved, other than giving your neighbour your builder's contact details. It's not your dispute in any way.
    No free lunch, and no free laptop ;)
  • It might be helpful to actually know what the damage was & how it was caused or we are really just wasting our time with no info :whistle:
    I'm only here while I wait for Corrie to start.

    You get no BS from me & if I think you are wrong I WILL tell you.
  • Well, I have taken on board the comments and duly phoned the workman concerned (though he wont have that skillset) and told him about the problem he has caused. I phrased it perfectly nicely and asked him what he proposed to do to put things right. He denied having done it, but had it pointed out that he couldn't possibly not have realised what he had done (phrased in calm rational language). He said he would come out and have a look at it, rather than going off into "too thick to reason = so yells at person in the right instead" bit I was expecting.

    I've not seen a sign of him yet...and am wondering whether he was telling the truth when he said he would come and look at it. He said when he would be coming and I am mentally holding him to it and will see if there is any sign of him or no.

    If he has lied to me and has no intention of turning up for a look, then I will be going back to him on it and telling him its been fixed (once it has been) and how much he owes me for having arranged this for him.

    So I've been very reasonable in giving him a chance to sort it himself and will see whether he does, but I'm not holding my breath...
  • Jaynne
    Jaynne Posts: 552 Forumite
    Put what you are intending to do in writing first ie an email or letter giving him 72 hours to respond and arrange to remedy the problem in the next week BEFORE you arrange to have the work done yourself.

    At least this way if you end up at the small claims court you can have shown to have given them the time to remedy the situation. Conversations over the phone are worthless unless recorded.
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