Decorators promised work that still hasn’t been carried out

thehog

Oh, and while I think of it, here’s my email to the decorators, which I will send tomorrow. It occurred to me whilst writing that none of their correspondence states an address! I’ve kept it formal and dearly hope that they don’t respond as I don’t want them or their associates anywhere near our place (names have been changed!)

“Dear Sirs,

In a WhatsApp message left for me by COWBOY 1 over two months ago I was advised that he would contact me one week prior to the arrival of the carpenter, whom he had scheduled to box in our boiler on Wednesday 30 December. I have not heard from COWBOY 1, nor did the carpenter come on the date given. I appreciate we are currently in Tier 4 but the current rules for this tier, as found here https://www.gov.uk/guidance/tier-4-stay-at-home#going-to-work states the following: “Where it is necessary for you to work in other people’s homes - for example, for nannies, cleaners or tradespeople - you can do so.”

NAME OF BUSINESS confirmed that works would commence on Monday 28 September 2020 and conclude within 10 working days. It is now 31 December 2020 and work in the quote dated 17 August 2020 has not been completed. You have had time to do the work, but given the timeframe and the facts that the carpenter did not arrive as promised, nor did I hear from COWBOY 1, please accept this message as 14 days’ notice of my intention to use someone else to complete the boxing of the boiler.

I apologise that this notification is by email rather than letter but the postal address of NAME OF BUSINESS is not detailed on your headed paper nor any other correspondence exchanged between us.

Yours faithfully,

The Hog“
I doubt very much that I’ll go to the trouble of making an online claim - it depends on how (or if) they respond, but as I’ve already made up my mind that we don’t want them I want to be careful what I say and make sure that I’m covered in every eventuality.

thehog

Jeepers_Creepers said:

I was about to say the same as Doozergirl - that condensate pipe is shocking, but I've seen your explanation. Are there no downpipes, soil vent pipes or waste pipes running on the outside of that wall?

Yes there are but they go out the kitchen 😂

Jeepers_Creepers

How many times have they actually let you down, especially concerning the boxing-in? If it's a few, I think this should be mentioned.

I wonder if you should also refer to the verbal warning you gave them before that you would employ someone else to do this if they failed to? (Was it verbal, or by message?) So this is effectively a second warning - I think more than enough!

And I also wonder if you should make it clear that you will be withholding the final 10% to part-cover the cost of getting someone else to do this job? They will then have full and fair notice of your intention.

I think there's a fair chance, since it should be really obvious to both sides that this relationship has become untenable, they might actually welcome the opportunity to end the process for the sake of that 10%; they'd have to be brass necked to still turn up.

See what the procedural experts on this forum have to say, but it might be important that you make it ALL clear in this letter, or they might try and argue they're still owed that 10% - after all, 'the boxing-in was a freebie, innit...'

thehog

They have let us down many many times in this respect, and others, including trying to get us to pay for items this didn’t even relate to our job, but that is an aside and they soon stepped back on that one. The warning about employing someone else was in writing, albeit via a WhatsApp message, and screen shots taken should they decide to make any alterations. Cowboy 1 always replied via WhatsApp voice message as he’s dyslexic and it’s easier for him, but of course that was when I got the tone - “I don’t want no more calls, no more messages, you’ve got your date, 30 December”. Aren’t I lucky! 😂😂

Jeepers_Creepers

The guy should not be in a customer-related business...

thehog

Agreed. They had over a month to organise the various subbies and didn’t, then tried to bluff their way out of it all. I can’t even say all the gear, no idea as they’d never heard of a dust sheet.

Jeepers_Creepers

Everyone makes mistakes. It has been a tough year for a lot of people. No-one has an excuse to BS.

thehog

Jeepers_Creepers said:

Everyone makes mistakes. It has been a tough year for a lot of people. No-one has an excuse to BS.

I’ve certainly learnt from these mistakes! 

thehog

Morning all, just before I send the email at the top of page 4 to the decorators giving them 14 days’ notice I’m getting someone else in, should they come back and offer another date etc am I legally obliged to accept that or am I able to say no, this contract is over between us? Can I say that in my email?

Jeepers_Creepers

I suspect you'd be on dodgy ground, I'm afraid. If you are effectively giving them a final 14 days to sort this, then you need to see it through.

I'm a layman when it comes to stuff like this, so it would be better if the more qualified of forum members were to confirm. But if you really wish to effectively terminate the contract now, then I would rephrase the email above giving the previous date - when you said you'd get someone else in if they didn't sort it - as the 'ultimatum' date. That was you giving them one last chance. They effectively replied to this "It'll be done on the 30th - don't ask again!", so I think they'd have little hope of challenging you if you now tell them they've had enough chances AND an ultimatum which they failed by not attending on the 30th.

Put it this way, I don't believe for a second they'd have a successful claim against you - can you imagine the adjudicator listening to their arguments?!

But, if your email is saying they have 14 days, then you NEED to give them that time or you are leaving yourself open to a counter-claim.