Threatened with legal action, builder now gone quiet

AlexTheRed

To cut a long story short...we have had some bespoke carpentry work done.


Structurally all was ok but the finish was terrible. I paid 60% of the bill but kept 40% due to the finish.



Was in amicable discussion with the tradesman about getting someone else to redo the finish (as his attempt was terrible and he is clearly not able to supply the finish I was sold) so was in discussions about getting someone else to redo the finish (which he offered to arrange)


Out of the blue the next day I get a message saying he is going to small claims court to recoup the money i'm holding onto.


I've sent a formal letter outlining our concerns (inc pictures) suggesting next steps and inviting them to continue positive conversation with me to sort this out.



I've highlighted its unlikely this would even get to 'small claims' court as we were only discussing the resolution for 48 hours before he threatened legal action so have not spent enough time trying to settle outside of court....therefore it clearly just an empty threat.


3 emails later, we have had no reply (as he clearly doesnt have an arguement). I need to resolve the problem and can't have this hanging over me so my question is -


If I write to him again giving 48hours for a reply, can we state that if no reply has been received, we assume he has accepted payment to date as full and final settlement, and he is walking away with no further persuit of funds?



I'm considering getting a lawyer to write to them (for added clout) as need to get this wrapped up.


Thoughts welcome

davidmcn

How long has he "gone quiet" for? You can't unilaterally declare the matter to be settled - your suggested approach might just provoke him to extend the argument. Might be better to let sleeping dogs lie.

AlexTheRed

No reply from 3 emails over 2 weeks...


I appreciate I can't close the case unilaterally so do I just have to wait to see if he issues court papers or not?


Seems unfair to have this hanging over me even though I'm trying to sort out with them

unholyangel

AlexTheRed wrote: »

No reply from 3 emails over 2 weeks...


I appreciate I can't close the case unilaterally so do I just have to wait to see if he issues court papers or not?


Seems unfair to have this hanging over me even though I'm trying to sort out with them

No reply from 3 emails, what about the formal letter you sent? How long ago did you send it?

What did you use to arrive at a suitable amount to withhold? Was it based on quotes you obtained or is it a purely arbitrary sum?

Gavin83

Essentially you owe him the money. However, you are also entitled to the finish you purchased. He is allowed an attempt to put it right but if he can't then you can commission someone else to complete the work and he'd be liable for the cost. Therefore you'd be counter-suing him but in reality they'd just cancel each other out.

A lot will depend on how much it costs to put right. I'm assuming you've already obtained quotes for this and that's where the 40% figure comes from?

Also as others have said you can't just remove his rights like that, he's entitled to not reply. He'll always have the right to take you to court, whether he does and if he'll win is another matter.