Decorators promised work that still hasn’t been carried out

thehog

thank you, as I suspected.

Doozergirl

Perhaps you can reword this all to work in your favour and make it an offer rather than a threat.  

Essentially offering that you will have someone else do it and remove £x from the retention. 

It's been a few months and the latest date has come and gone, so you don't hear from them within 14 days, you will consider the contract terminated and do just that.  

If you can make that retention offer attractive, that it doesn't cost them a lot, is more convenient and isn't confrontational, it's probably better than a demand that they come accompanied by the threat of an unknown bill.  

Jeepers_Creepers

I like ^

And since all you are doing is asking them to make a decision - giving them the chance to opt out and call it quits or else sort it - I think you could ask for their reply to this within, ooh, 2 days? Surely that's enough time for them to make their decision? Hopefully you'll have a speedy conclusion to this horrible episode.

If they opt for 'Non', then you send the 'ultimatum' email. Given that they've already kept you waiting for 2+ months, letting you down X times with no advance notice, I would say that one week is a fair extension before you tell them 'Non'.

Doozergirl

2 days is not enough, especially when it's the 31st December.   I'm not going back to work until the 5th, myself. 

Make it the 14 days.  Word it in that accepted contract law gives them 14 days to rectify it.   

When you're dealing with stuff like this, you have to use influence and appear professional, not silly time frames like two days over a 3 day "party" weekend.   

thehog

Thank you both. Please note there is no retention in this issue - because the boxing in was free to me in the quote I paid the balance I’d held back to them on 25 October when they finished their works. Silly I know, but as the boxing was always going to be a freebie as per their quote it didn’t sit right with me not to pay for the works done.
I have therefore amended my message to them and presumably, depending on any response, I’d still have the option to use Moneyclaim online against them, or am I now slamming that door shut?

“Dear Sirs,

In a WhatsApp voice message left for me by COWBOY 1 of BUSINESS on 2 November 2020 I was advised that he would contact me one week prior to the arrival of your carpenter, whom he had scheduled to box in our boiler on Wednesday 30 December. I have not heard from BUSINESS, nor did your 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 state 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.”

BUSINESS confirmed our 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.

In a WhatsApp message to COWBOY 1 on 02 November I asked if he could send someone else to box in the boiler, and if he couldn’t that we would organise our own carpenter to complete the work and send BUSINESS the bill. He advised that this particular carpenter owed him a favour, which is why he had been able to include the boiler boxing in the quote free of charge to me. He said that everything was completed other than the box and as soon as the carpenter he was looking to send was available he’d be round to complete the boxing. As this favour was due to BUSINESS I was told that the carpenter did not want his number given directly to me so that we could arrange a mutually convenient time for the works. COWBOY 1 went on to remind me of the “freebies” provided.  In my response I advised that it was my understanding that the freebies were agreed due to the late start and finish to the works, and the plasterer not being organised in good time.

BUSINESS had at least 3 weeks to organise a plasterer and carpenter before the works were due to commence to ensure the promised 10 day completion, and since then have had more then enough time to organise and carry out the remaining work, but preferred to continue with the option that had no financial impact on them.

Legally I had no choice but to wait until the earliest date your chosen carpenter could fit the job in. I was advised in a WhatsApp voicemail on 2 November 2020 that if I got another carpenter in to complete the job and send the bill on they would refuse to pay, and was given a date of 30 December 2020 for your carpenter. In the same message I was asked not to call or message any more because I had the date for the carpenter.

As you will no doubt be aware, contract law gives you 14 days to rectify this issue, so please accept this message as 14 days’ notice of my intention to use someone else to complete the boxing of the boiler. If I do not hear from you within 14 days I will consider our contract terminated.

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

Yours faithfully,

The Hog“

Jeepers_Creepers

Doozergirl said:

2 days is not enough, especially when it's the 31st December.   I'm not going back to work until the 5th, myself. 

Make it the 14 days.  Word it in that accepted contract law gives them 14 days to rectify it.   

When you're dealing with stuff like this, you have to use influence and appear professional, not silly time frames like two days over a 3 day "party" weekend.   

You are almost certainly right, Doozer - I thought 2 days was not unreasonable for them to reply; to say either 'ok' or 'No, we'll still do it.' For the latter, they'd likely need a reasonable amount of time. Tho' they've had that already.

Jeepers_Creepers

T'Hog, I really can't comment on your revised email. It does, tho', seem over-complex to me, and I fear you'll be tying yourself - and them - up in knots.

I still maintain the 'freebie' element is a red herring. It isn't 'free'. It was an incentive they offered for you to take them on for this job, and it worked - as part of the decision process at least. I believe it therefore became part of the whole contract.

Put it this way; say the guy had turned up to quote, and you pointed out two rooms that needed decorating. He replies "Special offer for you - pay for one and we'll do the other for free!" Later on - when only one room's been done, and they haven't turned up for 2 months to do the second - they say to you "We'll do the second room when we say - it was a freebie after all... And don't ask again..."

thehog

Is my revised letter ok do you think?

Jeepers_Creepers

"I really can't comment on your revised email. It does, tho', seem over-complex to me, and I fear you'll be tying yourself - and them - up in knots."

thehog

I was trying to explain all the background as to why I’m so hacked off. Honestly , I’ve spent so much time on this and these idiots I don’t really know what to do now. I was quite proud of that message but I don’t want to shoot myself in the foot!