Please help - adjoining neighbour has taken chimney stack down without informing me

marlot

If you agreed to pay for the parts then I guess you're in a weak position. How much of the agreement (especially the costs) do you have in writing?

Annie1960

You may have agreed to buy the materials, but I find it difficult to accept that you have given 'informed consent'. Nobody can give informed consent without being fully informed!

I would have expected the builder to have written you a list of items with prices, and you could then decide whether to agree or not to the items and costs on that list.

Have you thought of getting help from someone such as CAB?
Have you checked your home insurance to see if you have legal advice on there, as perhaps they can help you?

I think it is time for you to get help from someone who can take this up on your behalf.

chocolateflake

Yes, builder wrote down parts needed and the company that supplied these wrote on invoice what had been supplied....

No consent given by me to purchase anything further....

Have just spoken to the supplier who is very clearly upset and said the builder just came in and asked for 4 more bags...didn't notify the company who was paying...just went out the shop and left. She has phoned the builder twice and he has hung up on her each time! These bags are 25kg each!...no way do they need 24 bags to fill my chimney!

So, again, you can see what kind of unpleasant bullying people this builder is I am dealing with.

Yes, cover on my home insurance

moneyistooshorttomention

I would think your Worst Case Analysis here is that you refuse to pay for these extra materials and they then take you to the Small Claims Court to try and force you to pay and the judgement went the wrong way (ie against you).

Personally, I'd take that chance, as it wouldn't cost very much more than those materials if things went wrong and justice wasn't done and the judge ordered you to pay.

My guess, however, is that they are trying it on a bit and won't have the nerve to go as far as trying to bring a small claims court case against you.

So..personally...I'd tell them where to go.

With "builder having written down the parts needed", I'd photocopy that bit of paper and hang onto it like precious jewellery, as my guess is that that is your "evidence" that that is all you agreed to pay for.

Cissi

I agree with Money - I'd just refuse to pay as it's highly unlikely anyone would take you to the Small Claims court for such a relatively small amount. Also, the company who supplied the materials couldn't sue you as they had no contract with you - they'd have to sue the builder, who in turn would have to sue you. Not going to happen.

moneyistooshorttomention

Cissi wrote: »

I agree with Money - I'd just refuse to pay as it's highly unlikely anyone would take you to the Small Claims court for such a relatively small amount. Also, the company who supplied the materials couldn't sue you as they had no contract with you - they'd have to sue the builder, who in turn would have to sue you. Not going to happen.

I guess that's the other thing here, ie that this supplier is unhappy and mentioning it to OP that they are because they have visions of no-one ever paying them for these materials. Hence, I wouldn't be surprised if they are trying to put emotional pressure on OP to pay for these materials, in order to try and make sure that someone pays.

If this supplier was too weak to stand up to builder and get it properly sorted out just who exactly was going to pay before they supplied the materials, then that was their fault and they should have been stronger and stood up to him and not try and guilt trip OP into covering the builders bill for him.

chocolateflake

Thanks everyone... The building firm has an account with various companies/suppliers and he told me he goes in and gets items and they are billed to whoever he informs them to, in this case myself.

Lady at the original company who supplied all the flue lining etc, they are coal suppliers and fireside parts...they are elderly and very trustworthy of everyone which is so unfair they have been treated like this as well.

I have sent a text to the property owner next door ..it's also easier to do things that way for me because i have difficulty with finding my speaking words due to past stroke, especially when i am being confronted.

Not going to pay and as you helpfully pointed out, I didn't personally order/purchase these parts/bags so they only have the builders word.

Many thanks for all your help with this :-)