Problem with builder

Emma64

I hired a builder to renovate my kitchen. The final invoice he sent me (yesterday) was, according to my own calculations, way too high. We exchanged several emails about it, and he issued me with a revised invoice that's closer to what I actually owe him at 11pm last night (although it's still too high).



Just before 7am this morning, he sent me an email an email chasing payment, saying the invoice was issued yesterday and is now overdue, if I don't pay it by 12pm today I will be "billed for this accordingly" AND I will incur a daily interest charge of 3% (needless to say, this was NEVER mentioned before the work started - there's no way I would have chosen him for the job under those conditions - this is shark loan tactics in my mind).



In the process of getting to the latest invoice, we exchanged several emails, and I repeatedly requested a breakdown of his figures (since I could not make any sense of the final amount he requested), which he seemed unable/ unwilling to provide, and pointed out to him things he had written in previous emails, which to my mind equated to a contract (his reply was "it seems to me you are being a bit picky about the wording of things and the costs").



So he's really really bad news as far as I'm concerned, and to be honest, I'm actually a bit scared.

Would anybody be able to tell me
- In the absence of anything written, is there a "default" time period in which invoices have to be settled?


- Also, please can anybody confirm - or not as the case might be - that he's the one who should have sent me his T&C (ie about invoices being due hours after being sent, and incurring a 3% daily interest charge, for example)? Or was it my responsibility to chase it and make sure I received it before agreeing to the work?


- Is there any way I can report him to some sort of trading body? I've read stuff about complaining about shoddy work and getting the builder to put it right, but that's not the case here (his work ranged from adequate to extremely shoddy, but frankly, there is no way in hell I want him anywhere near my place, whatever he's bungled up, I will put right myself, I won't do a worse job). I just think him sending me a first final invoice that was way higher than it should have been, then refusing to back up his figures with reference to the original quote, then threatening me with a daily interest charge (never mind 8 hours after sending the latest invoice at 11pm) - that's downright dishonest and should be reported somewhere. Am I being unreasonable?


Of course, I have no problem paying him what I actually owe him (actually, because of deposit + overpayment of materials, if he honoured what he said he'd charge me in his emails, he actually owes me money! But there's zero chance of that happening.)



Would it be appropriate to go to the police? The 3% daily interest threat is really scaring me, not the figure it would amount to so much as to - what's his next step? Sending some mates round my place with baseball bats?



Has anybody got any advice as to the best way deal with this?


Thanks in advance to anybody who might help!

pinkshoes

The next step would be to pay what you agreed.

Then send a polite email asking him to send a breakdown of costs as already requested should he feel an additional amount is due other than the agreed amount you have paid, and wihtiut a full breakdown, you will be unable to agree to any additional payments.

I would then say that as there was no mention of interest added in the contract, then this is not applicable.

eddddy

Regarding the interest rate - it wasn't agreed in advance, so he can't charge it.

(Even if it was agreed in the contract, 3% per day would probably be an 'Unfair Contract Term' because it is a 'Disproportionate Sanction' - so it wouldn't be legally binding on you.)


If the builder has done what you both agreed, pay him what you both agreed.

If the builder has not done what you both agreed, he has breached the contract - and you can claim your consequential losses.

For example, if it's going to cost you £100 to put right the things he has failed to do - pay him what you agreed less £100.


If he feels you are breaching the contract, by failing to pay him what you both agreed, he would ultimately have to take you to court - and you can each argue your case.

If he threatens you, intimidates you, etc you should call the police. (The police won't get involved in discussions about interest rates, how much you should pay, etc - just threats, intimidation etc.)

paddyrg

Unless you agreed contractually otherwise, the penalty for overdue payments is 8% above base rate APR (not daily or monthly) PLUS a fee of upto £100 https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt

3%/day is usury and courts won't agree it.

Blackbeard_of_Perranporth

Let me guess. No architect? No plan? Wren?

KeithP

paddyrg wrote: »

Unless you agreed contractually otherwise, the penalty for overdue payments is 8% above base rate APR (not daily or monthly) PLUS a fee of upto £100 https://www.gov.uk/late-commercial-payments-interest-debt-recovery/charging-interest-commercial-debt

3%/day is usury and courts won't agree it.

I agree wholeheartedly that the 3% per day is ridiculous, but would like to point out that that document you linked to is 'for business to business transactions'.