We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.

Horrible tradesman threatening bailiffs.

Hello all, 

Not sure if this is the right place to ask for help, but I'm looking for some guidance for a disabled/elderly neighbour, who had an horrendous experience with a company who services disability equipment. 

Long story short, an annual service/maintenance visit was booked, with price quoted (recorded telephone call to back it). The guy who showed up (over an hour late) took ten minutes to look over the equipment (when it would usually take at least two hours to service and clean everything required) said "job done, I'm off".

My neighbour questioned it, and explained what had been booked and that they knew from past experience it took much longer than this guy had taken. He got really aggressive, basically refused to do the work, said he wasn't booked to do what she was expecting and such. He started arguing on the doorstep in full view of the street that the price quoted didn't cover the work that she needed doing and that he didn't have the tools to do the job she'd booked. 

I saw what was going on, and came out and got involved because I could see she was getting very distressed and that things were escalating with this guys attitude. Him ranting lasted a solid 20 minutes, but we refused to back down and my neighbour said she wouldn't be paying (£200) for less than ten minutes work.

The guy could see he wasn't going to budge us, and reluctantly changed his mind and went back in to do what had been booked, miraculously finding the tools needed. Only trouble is, he did it with as little care and attention as possible. As a result all the equipment that was "serviced" was dismantled and put back wrongly, in some cases with wires hanging loose and parts rattling when they didn't before. He was done in under an hour, when again, it usually takes at least two for the previous company to do it. 

After spending the hour mouthing off about his "connections", immigration and various other inappropriate topics, which had us both feeling very uncomfortable, he left. 

Glad to see the back of him, we thought it was all over, however, my neighbour eventually had to get the previous company to come in again (so much for trying to save money on a cheaper quote) and they basically had to undo all the damage this guy had done since it was such a poor job.

Didn't hear a word from this guy or his company for months. No bill/invoice or nothing....We all assumed that due to the horrible experience and ultimately their error, the company just wasn't going to charge. 

All of a sudden, four months later, my neighbour gets a threatening letter this morning. Saying if the bill isn't paid by August 1st, "this account will be handed straight to our legal team who when instruct a visit from the bailiffs."

Of course, my neighbour is now at panic stations, fearing for her safety and credit file. There's no way she can afford to pay £200 when she had to pay £250 on top to do the job properly. She could perhaps have afforded it if the invoice had been sent following the job, but four months is a long time financially speaking. 

My question is, what can be done? 

Can this company instruct bailiffs? Does my neighbour have a leg to stand on with refusing to pay for a half-arsed job that ended up costing her more money to put right? 

Would this result in a CCJ if my neighbour refused to pay, or would it be small claims?
No contract was signed or anything.

Does she have any options here at all, other than to borrow money and pay them off? 

Any advice would be helpful, thanks for reading. 

Comments

  • brianposter
    brianposter Posts: 1,422 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Does she have the bill for the £250 service ?
  • macman
    macman Posts: 53,128 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 30 July 2022 pm31 7:48PM
    Bailiffs can only be instructed if they were to obtain a CCJ. They can send in debt collectors, who can be ignored, as they have no power of entry. It's just bluster, of a very amateur kind.
    There was clearly a contract, albeit a verbal one. 

    No free lunch, and no free laptop ;)
  • I would be tempted to write to them saying I hope your legal team know they will have to obtain a CCJ before they can even think about sending bailiffs in, please let me know the court date when you have submitted a Small Claim.

    If you go down to the woods today you better not go alone.
  • sourcrates
    sourcrates Posts: 30,635 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    Anyone who makes a court claim against you, does not automatically win, you have the opportunity to put your side of the case to the court, its referred too as your defence.

    So the court gets to hear both sides of the argument, and makes judgement based on what its told.

    You appear to have a good defence here, I`d call this chaps bluff. as his argument is so full of holes, and the threat of court action in order to induce payment, is as old as the hills.

    Remember, its not only him who can instigate legal action, a counter claim for damages can easily be lodged, or the threat of one to get him to back off, if you know what I mean.
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • binao
    binao Posts: 666 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    edited 2 August 2022 pm31 11:48PM
    Send them a go away letter or you'll report them to Trading Standards. 

    Include:-

    Trading Standards use the information you give them to investigate unfair trading and illegal business activity, like rogue traders and scams.

    Mention "The  Equality Act" and you may receive a "sorry" letter and a box of chocs. :smile:

    Good luck 
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.3K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.4K Spending & Discounts
  • 240.9K Work, Benefits & Business
  • 617.2K Mortgages, Homes & Bills
  • 175.7K Life & Family
  • 254.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.