Court action due unless we pay full balance of extrememly substandard work

shapala

Hi all
In a tricky situation and would greatly appreciate some assistance as difficult currently getting hold of a solicitor by phone to ask where we stand legally.

We had some major works done on a new apartment we moved to last year. The work involved fitting a new ensuite, redoing the entire GCHS and bathroom fitted out. We have had nothing but problems from the start with this 'plumber'.

We received a letter from a debt collections agency saying if we didn't pay the full balance within 7 days, court action will ensue (we're in Scotland so law maybe slightly different to that in England?). He had previously contacted a solicitor early this year and through them demanding full payment. I sent a 2.5k word email replying the issues we were experiencing.

Issues: don't really know where to start. New en-suite pipework hasn't been undertaken correctly and pump has already given up the ghost (after only 6 months). Extractor too loud so causes massive vibration for flat below (ok, easy enough to replace but that's not the point). Effluence has come up in bath and shower tray. The CS is currently turned off as 2 rads haven't been fitted correctly to wall and are coming off, literally. Job was supposed to be finished early Nov but jobs were still be done in early Jan as he never turned up. Had agency staff turn up when he said he had a 'team' at the very outsiet, some of whom stole my tools and another who caused a major leak to downstairs (this was addressed by him and the moaning was ridiculous - it's his responsibility). The plumber was given a set of keys out the very outset with a completely empty flat and all jobs should've been completed within weeks, not months.  Contract states early nov for completion but that went out the window obviously.

There are many other issues but these are the main ones. We were living in a different city whilst the works were done. Having full time jobs, we couldn't simply turn up and ask state of play and why things are starting to fall behind - that became clear when we found out none of his 'team' were employed by him but agency so could take a week just to get a joiner in for instance. We would start to stress that this needs to get done and you need to get a move on. We couldn't settle and go with someone else as everyone was booked that we had contacted, and others were looking at weeks to start the job - time we didn't have for move in day.

On a more serious note, he verbally threatened my wife who was on her own in the flat demanding final payment as everything was 'complete' despite being far from it. She told him to leave and that was the last we saw of him before he decided to take on a solicitor earlier this year. She was visibly a wreck when I saw her not long after he had left.

So, we have an en-suite which we cannot use, CH turned off, the issues with the rads and their fixings has come up last few months and the lovely issue of raw sewage coming up in our shower tray and bath every so often, never mind his threatening manner towards my wife hence we never wanted him back in the house, not to mention if he would've further botched the job as he seems incapable of even the simplest task (I'm no plumber but the number of small jobs I've addressed  because of his workmanship is ridiculous).

Problem is, we can't get any plumber in to quote us for works that need doing due to the pandemic and even getting someone to give us a quote will be weeks, time we don't have according to this letter for payment to settle the bill, meaning we've paid 100% for such crud works. We expect said works to cost circa £5k. We've paid 85% of the total bill. Due to his lack of timings (basically never turning up), we were left homeless for nearly 3 weeks at great cost to us for accommodation (£1.8K) - he knew what date we were moving and should have completed said works more than 2 weeks before this date, so there was no reason he should even have still been in our apartment by this date anyway. The other thing I've learnt is not to always trust reviews as he has nothing but glowing reviews, even up to today. 

So, if anyone can give me some assistance, I'd greatly appreciate it.

comeandgo

The letter is bog standard.  Do not panic.  It would take a good few weeks before anything gets to court and you have enough evidence to trump his. 

TELLIT01

If it does go to court do not ignore the court date.  If you don't turn up he is likely get judgement in his favour by default.

xyz123

I don't know the laws in Scotland but as said, don't panic but take any court letters seriously. Yumaynhave already done this but if not, then do formally state your reasons for not paying and also describe any and all attempts you have made to alert him, give him enough time to rectify the problems. This should be done through a letter sent by recorded delivery and not just email. 

patman99

Give him one last chance to remedy the issues (use a solicitor if you want to give the letter some weight).

If he fails, get a quote form a couple of plumbers to correct all the issues, then issue a claim against him for the costs of putting right his shoddy work.

Mistral001

Go do court when called and fight your case.  You will need firm evidence of the cost of the damages you have suffered.  That might be difficult to get from other builders so you will probably have to get a professional estimator or quantity surveyor involved to come up with a breakdown of costs. 

shapala

patman99 said:

Give him one last chance to remedy the issues (use a solicitor if you want to give the letter some weight).

If he fails, get a quote form a couple of plumbers to correct all the issues, then issue a claim against him for the costs of putting right his shoddy work.

Thanks. 
He's in quite a bit of trouble. I've contacted and undertaken my complaint with a solicitor who has sent on all evidence of the bad workmanship and other issues to all involved (all recorded).

We've had an independent report done by a QS and they were shocked how bad the work undertaken by him is and absolutely no reason to have him back in, even telling us not to as he could make a bad job done even worse.

We've now had a number of professional plumbers in, they also shocked how bad the work is for quotes and will go with one of them - looking at Sept as they're all booked until then

As the QS said, you don't have to have him back in under  'loss of faith' which the solicitor agreed with. As mentioned, we wouldn't want him in anyway for never turning up when he said he would and obvious souring of the professional relationship, awful workmanship and him verbally threatening my wife.

I'll update the post but we'll definitely need a new plumber in to sort the issues (looking at 8-10k) so more than we owe him. That's just for the work, nevermind cost of temporary accommodation, inconvenience for working from home yet living in  hotels/air bnb's etc.

Once all work is completed by a qualified professional, I'll be sending him a bill plus costs for our accommodation etc as recommended by our solicitor. If he doesn't pay, we'll be taking him to court. Will be costs involved obviously but we will have a good case according to everyone we've spoken to (QS, plumbers who have been in, solicitor etc).

Rosa_Damascena

Is this plumber actually stupid? Does he live in a parrallel universe where threats and coercive behaviour is acceptable?

Based on what you have said alone, it doesn't seem that you have a case to answer but he does. I cannot see him taking this to the small claims court but do keep an eye out just in case. In your position I would not be in the mood to show any mercy.