Dispute with Decorator

bluebear0512

Hi there, just wondering if anyone can help me out here. Had a dispute with a painter and decorator who doubled his initial quotation half way through (without telling me) and made a real mess of my late father's house. I know this is a civil dispute between us. Prior to this happening he was at Dad's place and phoned me to ask if he could borrow my father's petrol mower just for that evening as his had broken down. He didn't bring it back even though I asked him to emphasising it was Dad's and now formed part of his estate. Since the falling out he is now holding onto it and refusing to give it back until he got his drill back which he'd left at dad's. A missunderstanding between me and my friend led to him having his drill back but didn't drop the mower off. His dispute is with me and not my father's estate to who the mower belongs. Is this theft?

tacpot12

What is your Dad's old petrol mower worth? Does it have sentimental value?

As he has his drill back, perhaps he will drop the mower back; have you asked him to do so and what did he say?

Why did he double his quotation?

bluebear0512

Hi there, well I only lost my Dad this year so everything of his is quite sentimental. The mower was only 2 years old and now I suppose it would be worth £150-£200. He is claiming that he never agreed to a fixed price which I can't disprove because it was a verbal agreement and charged me at an hourly rate instead. He dropped the price by £350.00 after just two texts when I question his pricing. He has never said he is keeping the mower because I haven't paid him what he wants, but keeping it until he gets his drill back which has been returned to him. He initially agreed to give it back but now he won't even respond to 4 text messages I've sent him asking for it's return. The police officer I spoke to didn't want to know. Wouldn't even look at the threats he has put in texts messages to me saying it was all part and parcel of a civil dispute. I do live quite remote and we all know the Police around here aren't that great but when I phoned a larger force and asked they agreed yes it was a theft. They've advised me to get a more senior officer to review the facts. I was just wondering if anyone had experienced anything like it.

tacpot12

How much have you paid him so far?

It you have paid his bill completely, I would just report the theft and keep complaining to the police until they sort it out.

If you still owe him some money, you could offer to let him keep the mower as part payment. I wouldn't get attached to a mower even though your Dad only died recently.

Doozergirl

What did you employ him to do? How long did it take and what was the bill?

stator

Report the theft of the mower to the police and don't let them fob you off.

Mr.Generous

theft is the dishonest misappropriation of goods belonging to another with the intent to permanently deprive. Note dishonest misappropriation.

Police telling you to go back to other force are fobbing you off I'm afraid.

By agreeing to lend him the mower you have made it more complicated, then holding onto his drill and disputing a bill? I'd say it is 100% a civil dispute and will need a court to decide ultimately what is fair for both parties.

I'm not saying you can't steal an item hired / borrowed / loaned, but this is not a straightforward theft. For everyone who advocates just getting the police I'd have to say in my experience unless you have an absolutely cast iron clear cut case they don't want to know. Some forces try and fob off simple thefts if no CCTV evidence, apparently eye witness, and product in suspects pocket no longer good enough. My family had occasion to involve the police while my father was in hospital having suffered a stroke - a family member forged a transfer letter and wrote 2 cheques for £30k each clearing out his savings - then tried to argue my dad wanted them to have the money. The police were useless and eventually agreed to have a word after much chasing and statements from family!! have a word is all they did. I ensured the money was repaid btw!

If you think they are going to go all out on this you're going to have to very lucky in finding a bobby who is a bit different and prepared to really argue your case when the sgt tells them to drop it and get to the next job.

Tothepoint.

Mr.Generous wrote: »

theft is the dishonest misappropriation of goods belonging to another with the intent to permanently deprive. Note dishonest misappropriation.

Police telling you to go back to other force are fobbing you off I'm afraid.

By agreeing to lend him the mower you have made it more complicated, then holding onto his drill and disputing a bill? I'd say it is 100% a civil dispute and will need a court to decide ultimately what is fair for both parties.

I'm not saying you can't steal an item hired / borrowed / loaned, but this is not a straightforward theft. For everyone who advocates just getting the police I'd have to say in my experience unless you have an absolutely cast iron clear cut case they don't want to know. Some forces try and fob off simple thefts if no CCTV evidence, apparently eye witness, and product in suspects pocket no longer good enough. My family had occasion to involve the police while my father was in hospital having suffered a stroke - a family member forged a transfer letter and wrote 2 cheques for £30k each clearing out his savings - then tried to argue my dad wanted them to have the money. The police were useless and eventually agreed to have a word after much chasing and statements from family!! have a word is all they did. I ensured the money was repaid btw!

If you think they are going to go all out on this you're going to have to very lucky in finding a bobby who is a bit different and prepared to really argue your case when the sgt tells them to drop it and get to the next job.

If you're going to give advice and quote the law, at least get it right.

missile

If you are not happy with the Police action write to the chief constable.

Stick to the facts. Mr X borrowed lawnmower from me on (date). I have asked him repeatedly (dates) and he has refused (dates). No need to go in to the cost for decorating dispute, this is merely a complication. This will be of no interest to the Police and is confusing the issue.