Who Should I pay?

Furbos

I recently need some work done from a Surveyor as part of a Party Wall dispute with my neighbour. I called a company and undertook the services of one of their surveyors. A week later this gentleman left the company and has invoiced me for the work. I called the company he had worked for and they said I should pay them as he was an employee of there's at the time of the work.


The paper work I signed had his name on the top but was under the companies name and address.


I am worried about being invoiced twice. The surveyor is adamant I owe him and is being quite aggressive in his correspondence citing he was the statutory surveyor and according the to the Party Wall act I owe him and not the company.


I am worried about being charged twice for the work.


Incidentally he is trying to charge me £500 + VAT for 2 and half hours work!!!


What are my rights? Who should I pay?

cono1717

Who did you take out for the work, did you get in contact with the company or with the person himself.

If it was the company then he was merely acting as an agent for the company and you owe the company the money. You wouldn't go into Asda and then pay the shop employee for your food because they said do that.

Furbos

My thoughts exactly.


So the piece of paper I signed said this


David Worrell
Paul Stanley Surveyors
78 Alpha Court
Sheffield
S10 4DY


So David Worrell was who I spoke to when I called Paul Stanley Surveyors, but then he left the week later and has been trying to take the custom from the company I originally called. I have invoices from both sides for the same work!

unholyangel

You said he's "trying to" charge you £500 + VAT. What was the price agreed? Also, is he VAT registered (i'm doubting that he would be given he was working for a company).

You said you were given paperwork, how detailed is it? Are there T&C's? If so, it should tell you in the terms who your contract is with and whether the company were acting as an agent for the surveyor or whether the surveyor was an agent of the company.

naedanger

Furbos wrote: »

My thoughts exactly.


So the piece of paper I signed said this


David Worrell
Paul Stanley Surveyors
78 Alpha Court
Sheffield
S10 4DY


So David Worrell was who I spoke to when I called Paul Stanley Surveyors, but then he left the week later and has been trying to take the custom from the company I originally called. I have invoices from both sides for the same work!

It seems ambiguous since "Paul Stanley Surveyors" does not appear to be a company nor a partnership. Does none of the paperwork, prior to the invoices, give more detail? Is the name of any professional body given on the paperwork? (I am thinking you could perhaps ask the professional body what the position is.)

(Also I cannot find the address or postcode on google maps but that might just be me.)

Paully232000

naedanger wrote: »

It seems ambiguous since "Paul Stanley Surveyors" does not appear to be a company nor a partnership. Does none of the paperwork, prior to the invoices, give more detail? Is the name of any professional body given on the paperwork? (I am thinking you could perhaps ask the professional body what the position is.)

(Also I cannot find the address or postcode on google maps but that might just be me.)

me neither, i also had a look at rightmove at the sold prices section, and the for sale section and according to them, this address and postcode do not exist. The postcodes seems to go up to S10 4DR

Streetcheck says 'This postcode (S10 4DY) was terminated by the Royal Mail in May 1994'

unholyangel

Perhaps OP has changed the details? Doesn't seem to be a paul stanley surveyors either.

Paully232000

unholyangel wrote: »

Perhaps OP has changed the details? Doesn't seem to be a paul stanley surveyors either.

I found A Paul Stanley who is a surveyor, on linkedin. But he appears to work for another company called VINCI construction PLC in Sheffield.

Furbos

Hi, sorry I changed the real details as its the issue I want people to help me with. As I don't know who is in the right or wrong I just want to get some advice on what who people think I should settle the payment with.


He is VAT registered I checked and a member of RICS. The company is also VAT and RICS registered.


The paper work I signed was a document with the heading 'Letter of Appointment'. On the heading of this letter was HIS name and the business ADDRESS of the company he worked at. There were no T's & C's with the document, which in hindsight I realize was pretty stupid of me not to get, but originally I just thought I was signing something to confirm I needed some advice and the rest of the document looked pukka.


Then I got an invoice from Both for payment?!

naedanger

Furbos wrote: »

Hi, sorry I changed the real details as its the issue I want people to help me with. As I don't know who is in the right or wrong I just want to get some advice on what who people think I should settle the payment with.


He is VAT registered I checked and a member of RICS. The company is also VAT and RICS registered.


The paper work I signed was a document with the heading 'Letter of Appointment'. On the heading of this letter was HIS name and the business ADDRESS of the company he worked at. There were no T's & C's with the document, which in hindsight I realize was pretty stupid of me not to get, but originally I just thought I was signing something to confirm I needed some advice and the rest of the document looked pukka.


Then I got an invoice from Both for payment?!

I would speak to RICS. I would explain you were seeking their assistance because two of their members were disputing who should be paid for work covered by the one letter of appointment. I would point out that it appears to you that at least one of the members must be behaving unprofessionally either by demanding payment that is not due or by badly drafting the letter of appointment.

Having said that I am not sure if they will help or not. They do say "[w]e're proud of our reputation and we guard it fiercely, so clients who work with our registered professional can have confidence in the quality and ethics of the services they receive". It will be interesting to see if they back this sentiment with constructive action in your case.

If they do help then make sure you get anything they say confirmed in writing.

unholyangel

Do the company have a website? Any T&C's on there?

I take it nothing was discussed about payment before? Or who it would be made to? What I'm asking is, if he had still been at the company, do you know who you'd be making the payment to?

My gut instinct says the company. Nothing you've said so far implies that the surveyor held himself out as a third party contractor, rather he seems to have presented himself as an agent of the company. As said above, you approached the company not the person.

You could perhaps ask him for proof that the debt is owed to him. Could also ask the same of the company. Even if your contract said nothing on the issue, the contract between those two parties should clear up whether he was their agent or they were his.