Commercial and Domestic Invesitgations

AshJack

Thanks Sourcrates.

I've spent so much time already doubting myself with this, thinking maybe it's me being overly sensitive to his tone, the notes by calling them threats and harassment. But everything he's doing seems to be aimed at what he's learnt about me, I truly think he never thought I'd push back and gotten nasty because I have. His reponses aren't even helpful so I can't even say, "okay if I engage, it will stop".

I will not respond and hope that he sees what he is doing is wrong.

I will report it to Trading Standards and go the BBC Rogue Traders site. I can't imagine him not having done this before, he seems to have that personality.

Here's hoping for no more, thank you again for helping.

DandelionPatrol

AshJack wrote: »

DandelionPatrol - thanks - that's a fair point. If I was to offer him anything, it would be for cost of paint for the hallway, (which he started, but didn’t complete) are materials he left behind. The painting was slapdash, (I still have pictures of places he missed) and I ended up going round with paint remover to remove it from the PVC door, the caulking still isn't done but these guys I have in now will do it. The sanding of the skirting boards of the hallway, I’m debating just leaving or taking up myself. The only reason I asked him to do it was because of the sanding, caulking, doors, radiators, etc., (things I thought I couldn't do and didn't want to ask friends to help with) none of which happened. I think it has escalated to this, because the Debt Collectors have said they can't do anything. A part of me feels I should respond to him with the suggestion on paying the £19.23 for the paint and leave it at that, but then I don't think I'll get a reasonable reponse, so I thought if it gets to court or true mediation then that's what I'd offer.

Tactically, I think it is best to sit down and have a long hard think as to what he might reasonably expect to win if he took it to court and to offer that now, with the reasoning, rather that let this go on and have to retreat further. Any offer should be 'in full and final settlement' and made 'without prejudice'. The offer can make it clear that you feel that the work was not really worth what you are offering.

The idea is that if he does take it to court, any solicitor will see from the correspondence that a reasonable offer has already been made. A solicitor will be reluctant to waste time on a losing case.

sourcrates wrote: »

Ok,
This has moved on now, from a demand for payment, to harassment.
Personally, I would not engage with the fellow any longer, and certainly don't make him any offers of a financial nature, at this juncture.

I suspect you are not the first person he has done this too, and you probably wont be the last.

Any more correspondence from debt collectors can be ignored, or sent on there way, by means of a dispute letter, they are only acting on his behalf, and have no power to do anything.

What I would do, is save every little piece of correspondence you have from him, and the DCA, put it somewhere safe, I doubt very much he will take it further, as you have evidence against him, but you can never quantify stupid.

If he continues to chase this, then I would contact your local trading standards, and make a complaint against him, also check out the BBC rouge trader/watchdog website, fire an email off to them, its amazing how these kind of people tend to back off when you start to fight back, you never know, trading standards may have a file a foot thick on this guy, and you may be all they need to prosecute him.
https://ssl.bbc.co.uk/programmes/b006mg74/contact

https://www.citizensadvice.org.uk/consumer/get-more-help/report-to-trading-standards/

For the most part, I agree, but now is the time to attempt to draw a line with a reasonable settlement which a court would sustain. Offering him nothing gives him justification to carry on with harassment. Offering him something reasonable justifies telling him to sling his hook if he demands more.

AshJack

Thanks DandelionPatrol. I have gotten to the point where I just don't want to communicate with him, this is why I was thinking if it did go to mediation, I don't have to deal with him, etc.

In all honesty, I'd have paid him the paint (although his work certainly doesn't deserve it and he certainly didn't use a whole tin of paint), if he hadn't escalated to harassment straight away and asked for money for something he didn't do. But I just don't know what to write anymore, I don't know what torrent of rubbish I'll get after this if I do. I don't want to respond to his other comments, there is not much I can say to them, apart from it escalating and I can't take reading his responses either.

If I pay him for the paint, does this mean that it'll be taken as me accepting his invoice as valid?
Does it mean I accept that he didn't give me a quote, t&c's? He's not responded to any of the lack of paperwork, which he kept telling me he'd send.

I suppose I could send a letter with just the offer to pay for paint and not say anything else and give him a 14 day deadline to accept.

Sorry to sound so indecisive, just the thought of writing.. and then his response..I can feel my blood pressure rising just thinking of it.

DandelionPatrol

AshJack wrote: »

Thanks DandelionPatrol. I have gotten to the point where I just don't want to communicate with him, this is why I was thinking if it did go to mediation, I don't have to deal with him, etc.

In all honesty, I'd have paid him the paint (although his work certainly doesn't deserve it and he certainly didn't use a whole tin of paint), if he hadn't escalated to harassment straight away and asked for money for something he didn't do.

Yes, the mistake there was that you rushed straight to irrational retaliation. It is irrational, because you know that a fair settlement is at least for the paint and you wanted to give him less than he was entitled to. This was not a strong thing to do, it was weak - and he has sensed your weakness.

AshJack wrote: »

But I just don't know what to write anymore, I don't know what torrent of rubbish I'll get after this if I do. I don't want to respond to his other comments, there is not much I can say to them, apart from it escalating and I can't take reading his responses either.

If I pay him for the paint, does this mean that it'll be taken as me accepting his invoice as valid?
Does it mean I accept that he didn't give me a quote, t&c's? He's not responded to any of the lack of paperwork, which he kept telling me he'd send.

You should make a written offer to cover the paint or whatever you decide is right. You should point out that the work was incomplete and that, despite being asked to complete he did not. And you should state that the offer is for 'full and final settlement' and is made 'without prejudice'. If you do that, you will not be accepting his invoice

AshJack wrote: »

I suppose I could send a letter with just the offer to pay for paint and not say anything else and give him a 14 day deadline to accept.

Sorry to sound so indecisive, just the thought of writing.. and then his response..I can feel my blood pressure rising just thinking of it.

And what will you do if he does not accept after 14 days? Nuke him? The deadline is meaningless. He has 6 years to take you to court over this and you deadline makes no difference - you will just expose yourself as being weak.

sourcrates

You see this is what these people rely on, they get you all worked up hoping you'll pay, seriously, forget about it and get on with your life, ignore the guy, unless you get something from a court, if that ever happened, in my opinion, there would be no case to answer, and you would have more than enough evidence to show that's he's been unreasonable.

When it gets to the point your at now, it's time to bail, there are more important things to occupie your time with, and I mean that in the nicest possible way.

AshJack

Thanks for the response.

Dandelion Patrol – thanks. I haven't written him anything, unless it's been in response to what he's sent me. I’d like to think I haven’t retaliated unreasonably (he's had four months to come back to me), I can’t get a straight answer out of him without him resorting to threatening me. My only communication has been to state his invoice is not valid, as he’s not done the work he’s billing me for and the amount of times I’ve tried to get hold of him. Apart from that, all I’ve communication to be had, is in the thread. If he was to be reasonable and admit that the invoice was a lie and send me an invoice for the true value (i.e. 1/3 of a tin of paint if I was to be precise), then there would be no further need for this. The deadline was really more to know if it was to be accepted.

Thinking on this, If I've learnt anything about him, I feel if I engage with him directly in anything, this will continue and escalate. I don’t think he’s sensing weakness, I think his letters to me and harassment are a sign of him seriously annoyed that I haven’t done what he’s expected me to do by just paying him to stop his harassment and the responses he’s getting from the Debt Collection agencies on trying to get them to chase me for him.

Sourcrates – no worries, I appreciate it – I think I need someone to tell me to stop letting it get to me so much. I agree, I think he’s hoping I will break down and just pay him, if he threatens and bullies me enough.

I think I will just leave it and quite rightly get on with my life, and deal with the next stage of the drama if there is one, as and when it comes.

Thank you both for the support, it really has helped.