Tradesperson Consumer Rights Act 2015

drummond84

I had a tradesperson do work in my house. Kitchen and living room. Frankly the standard of work was not done with reasonable care and skill. After he sent the invoice I had a chat about it and he only accepted some of the issues would be fixed.

I wrote a letter confirming what was discussed. He is asking for payment before coming back out.

Is the tradesperson legally right in demanding I pay ?

m0bov

I would tell him on satisfactory completion of the job. If you need to get someone in to correct the work then that would be taken off the bill.

Take lots of photos and use this in court if it comes to it.

drummond84

Tradesperson wont return to remedy unless the most of the bill is paid before work starts. Small amount immediately paid after remedial work. Ive offered mediation, but tradesperson is refusing. I dont see how that would be seen positively by a Judge.

unholyangel

drummond84 wrote: »

Tradesperson wont return to remedy unless the most of the bill is paid before work starts. Small amount immediately paid after remedial work. Ive offered mediation, but tradesperson is refusing. I dont see how that would be seen positively by a Judge.

It won't effect his or your chance of winning. Usually only taken into consideration in an order for costs.

Unless maybe its supporting other evidence in unreasonable conduct but its a pretty high bar.

drummond84

I feel that I am out of options but to now consider action.

NCC-1701

drummond84 wrote: »

I feel that I am out of options but to now consider action.

Action for what?

mattyprice4004

Sorry but as a self employed individual I'm totally on his side - chasing payment from people who pick faults is usually 100x harder than those willing to co-operate.

Either pay the bill and work with the trader to resolve the issues, or go legal and spend lots of money unnecessarily to probably just have a ruling saying pay him, and he'll fix the issues.

Also, I note you came here asking for advice but then said you're just going to take legal action anyway, in spite of being told a good solution - why ask in the first place?

drummond84

The tradesperson has been paid two invoices on work relating to this. I have not paid the final invoice. Tradesperson wont take responsibility for all of the work requiring to be remedied.

I asked in writing to remedy all issues and demands for payment before coming back out was unreasonable.

I have suggested ADR going by advice by CAB Tradesperson has refused. So what do I do? Pay £4k and just walk away?

unholyangel

drummond84 wrote: »

The tradesperson has been paid two invoices on work relating to this. I have not paid the final invoice. Tradesperson wont take responsibility for all of the work requiring to be remedied.

I asked in writing to remedy all issues and demands for payment before coming back out was unreasonable.

I have suggested ADR going by advice by CAB Tradesperson has refused. So what do I do? Pay £4k and just walk away?

You get quotes for how much it will cost to fix the snags, you then contact the trader and tell them that they can either fix the issues, or you will offset the costs of bringing them within conformity against monies you owe to them (aka you'll with hold the amount required to cover the snags and then pay the original trader the rest).

Its then up to the trader whether he wants to take court action for recovery of the outstanding amount.

born_again

drummond84 wrote: »

The tradesperson has been paid two invoices on work relating to this. I have not paid the final invoice. Tradesperson wont take responsibility for all of the work requiring to be remedied.

So why not say that in the OP?

As your OP read that you were not paying for any of the work. which can make a big difference to peoples replies.