Cleaner demanding payment. I'm refusing due to poor job and damaged goods.

AussieMeatPie

Cleaner quoted £70 for a 4 hour clean (without a prior visit). It was below standard - loads missed etc. They agreed and offered to come back to rectify it. They did but there were still obvious bits missed (tiles in shower still had shampoo marks, obvious bits hadn't been dusted etc). Also, a moisture capture thingy had been moved from a windowsill, put onto the bed and moved back again. The liquid was spilled on the bed and through the duvet, all over the carpet and then smeared (thinking they were cleaning it I guess) all around the windowsill, windows and paintwork leaving stains. I will need the carpet spot cleaning and the duvet professionally cleaned which will cost probably more than the cost of the clean. So, I've said I'm not paying. She's threatening to 'take it further'. Am I being unreasonable?! I feel like I can easily support my case should it go to court as I have video evidence taken after the second clean showing all the missed bits and the damage. 

As a side note, I had wanted the clean to take away some stress and give me some time back, but it has had the opposite effect - it's been irritating and a little stressful tbh. 

No contracts or T&Cs (which she's now quoting) were ever given to me. She is denying causing the damage saying they always inform customers if damage occurs, but acknowledges she moved the moisture capture. Tbh I just don't think she must have noticed it happening. 

Aylesbury_Duck

You have a contract, whether or not it's written down, because you commissioned and agreed to pay for a service.

I would send an amount commensurate with what they did do (half?), because that puts you on solid ground if she does pursue the debt, and given the relatively small net sum outstanding, she'd be silly to pursue small claims action.  It sounds like you could claim from them because you've incurred costs, but I'd pay them for what they did do and then decide if you want to claim your costs from them.

AussieMeatPie

Aylesbury_Duck said:

You have a contract, whether or not it's written down, because you commissioned and agreed to pay for a service.

I would send an amount commensurate with what they did do (half?), because that puts you on solid ground if she does pursue the debt, and given the relatively small net sum outstanding, she'd be silly to pursue small claims action.  It sounds like you could claim from them because you've incurred costs, but I'd pay them for what they did do and then decide if you want to claim your costs from them.

Agree re contract - but she can't bring any T&Cs to my attention now, surely! One Term she has quoted is that they always inform the client if something is damaged. So the fact she didn't inform me implies no damage was caused apparently!!!

I had agreed to pay £40 for work done, but once I saw the damage, that was when I retracted my offer and said I would not pay. 

I might let the dust settle and offer to pay half like you say. There's no point me claiming any costs from them as I know they will refuse to pay them as they don't admit to causing the damage. 

MalMonroe

Hi, to be honest I think £70 for a 4 hour clean is really cheap. And that's what you got, a really cheap 'clean'.

I've been looking round for cleaners to do a 'deep clean' of our small 2 bed flat and the cheapest price I can find is double that. I'd been hoping that we could leave them here to get on with it while we occupied ourselves elsewhere but now I'm not so sure about that.

However, what you could do is call her bluff, especially as you have photographic evidence of her negligence.

I wouldn't want to pay such a sloppy work-person. You could tell her that you will have to deduct the cost of the duvet and carpet cleaning from any payment you do make - and that she could end up owing you.

She will have to pay to 'take it further' if she means the small claims court (it costs £35 for amounts up to £300, plus any interest) and even if she thinks that's worth it, I don't think she will win since you can argue a good case. I really don't think she has a leg to stand on and I'd not pay her anything because not only has she damaged your property, she's also damaged your health!

Aylesbury_Duck

No, she can't belatedly bring in Ts & Cs, and even if she did, they can't undermine your consumer rights no matter what they say.

Grumpy_chap

AussieMeatPie said:

Cleaner quoted £70 for a 4 hour clean (without a prior visit). It was below standard - loads missed etc. They agreed and offered to come back to rectify it. They did but there were still obvious bits missed (tiles in shower still had shampoo marks, obvious bits hadn't been dusted etc). Also, a moisture capture thingy had been moved from a windowsill, put onto the bed and moved back again. The liquid was spilled on the bed and through the duvet, all over the carpet and then smeared (thinking they were cleaning it I guess) all around the windowsill, windows and paintwork leaving stains. I will need the carpet spot cleaning and the duvet professionally cleaned which will cost probably more than the cost of the clean. So, I've said I'm not paying. She's threatening to 'take it further'. Am I being unreasonable?! I feel like I can easily support my case should it go to court as I have video evidence taken after the second clean showing all the missed bits and the damage. 

As a side note, I had wanted the clean to take away some stress and give me some time back, but it has had the opposite effect - it's been irritating and a little stressful tbh. 

No contracts or T&Cs (which she's now quoting) were ever given to me. She is denying causing the damage saying they always inform customers if damage occurs, but acknowledges she moved the moisture capture. Tbh I just don't think she must have noticed it happening. 

I think you probably need to pay the £70 and then move on - you won't have the cleaner back and the cleaner won't return if asked - so you can both forget about it.

The cleaner agreed to do 4 hours work for £70 (£17.50 per hour) and did 4 hours work and then did more work to try to make the output better and more to your satisfaction.
It was not an agreement to clean the house / certain rooms for £70, so far as I understand it.
It's always difficult with this type of "casual" arrangement but, ultimately it was the number of hours work that were paid for and those hours were worked.

I am not sure whereabouts in the country you are, but is £17.50 per hour the going rate for a cleaner?

pinkshoes

I would probably reluctantly pay the £70 but leave factual reviews on social media and other places they advertise stating poor attention to detailm had to come back as job not done properly, and mysterious spillage which they claim to know nothing about.

A poor review will cost them more than £70.

TELLIT01

It seems that the OP may have expected a deep clean for £70 in 4 hours, and that is not realistic.  There has obviously been poor communication from the very outset and this has been the result.  To avoid more stress I would pay up and move on.

Sicard

Did she actually do the four hours, assuming you were out?

'take it further'... If she's Sicilian she may make you an offer you can't refuse.

the_lunatic_is_in_my_head

Presumably it's a distance contract if everything was agreed before they visited you and no information was provided so cancel the contract via durable means (email, messenger, etc), no payment is due. 

To cancel the contract simply state "I'm am writing to notify you of my withdrawal from our contract for the service of cleaning on xx date"

https://www.legislation.gov.uk/uksi/2013/3134/regulation/36

(6) The consumer bears no cost for supply of the service, in full or in part, in the cancellation period, if—

(a)the trader has failed to provide the consumer with the information on the right to cancel required by paragraph (l) of Schedule 2, or the information on payment of that cost required by paragraph (n) of that Schedule, in accordance with Part 2, or

https://www.businesscompanion.info/en/quick-guides/distance-sales/consumer-contracts-distance-sales#Supplyofaserviceinthecancellationperiod

A consumer will not have to pay you for services supplied in the cancellation period if you have not provided them with information items 'l' and 'n' above. Nor will the consumer have to pay if they had not expressly requested that you start within the cancellation period. Therefore if you start to deliver a service on your own initiative during the cancellation period the consumer will not have to pay you if they decide to cancel.