Builder demanding money

ThisIsWeird

SpudGunPaul said:

ThisIsWeird said:

SpudGunPaul said:

ThisIsWeird said:

SpudGunPaul said:

ThisIsWeird said:

Inform them of this by a recorded means, ideally email or text. She should also have her phone ready to 'record' should they come by her house.

She should be calm and succinct - let them rant if they want to, as it'll ultimately count against them. If they do, just stare at him/them until they finish, and bring it back to the facts.

Worth practising making these points in the form of Qs as much as possible. "Why did you leave the site and end the contract?" Presumably they'll cite the concrete floor, to which the next Q is, "How many times did you survey the job?" "Are you telling me you didn't realise the floor was concrete before you began the work?" "What %-age of garage floors are concrete?" etc etc.

And then, "Are you telling me that I should pay you for a job that you didn't actually do? For a job you didn't realise you couldn't do even after 2 surveys? Didn't reckon the floor was concrete even tho' just about every garage in the UK has a concrete floor?"

Stick with these points, bring any deviation by them back to this. Repeat them until they answer each one as required.

Making these points in the form of Qs forces them to answer. If, instead, you simply state these points, they'll argue, and they'll be masters of that.

Any threats, implied or actual, call up your local police and tell them of your concerns. Don't over-egg, just state what was said, and in what manner, calmly and succinctly.

(On a different note, what were they planning to do to your garage to cure this 'damp' anyway - fit drains inside? Worth your partner starting a new thread on here about this, posting photos, inside and out of the garage.)

The don't have a case so why do you say ranting will count against them?

Being upset if you feel you're owed money doesn't change whether you're entitled to it or not. A one off visit to an address if you think you're owed money isn't a course of conduct so a single rant is irrelevant. 

Oh and for your info there there are only certain threats the police will deal with. 

Thank you for statements of the obvious.

Where you conveniently qualify your comments by somehow assuming it would be a single visit. 

And should this seemingly misguided builder attempt a claim against the OP's partner, you reckong the fact they ranted during their visits, whilst the OP'sP was a paragon of virtuous reason, won't count against them? 

And and at what point should the OP'sP consider informing the police? I reckon 'implied or actual threats' - if the recipient feels genuinely intimidated by either their behaviour, or what they say, or a combi, when almost certainly intimidation was the point.

What's the point of your post? Or it's purpose?

It absolutely won't count against them. Either they'd have the evidence to win in court or they wouldn't. Sounds like you're somehow claiming being polite would tip the balance of probability. 

I see how you assume there will be multiple visits until the money is paid. 

Not 'polite', but reasonable, factual, non-threatening.
As well you know.

I assumed there would be more than one visit? Could point out where I implied that? No.
As well you know.

Again - what is the purpose of your post?

It would still come down to evidence in a dispute about money. 

So why pick pick up on the fact I mentioned a single visit?

I was picking up on your whole post. Its irrelevance and distortion. Wondering what its purpose was. 

SpudGunPaul

ThisIsWeird said:

SpudGunPaul said:

ThisIsWeird said:

SpudGunPaul said:

ThisIsWeird said:

SpudGunPaul said:

ThisIsWeird said:

Inform them of this by a recorded means, ideally email or text. She should also have her phone ready to 'record' should they come by her house.

She should be calm and succinct - let them rant if they want to, as it'll ultimately count against them. If they do, just stare at him/them until they finish, and bring it back to the facts.

Worth practising making these points in the form of Qs as much as possible. "Why did you leave the site and end the contract?" Presumably they'll cite the concrete floor, to which the next Q is, "How many times did you survey the job?" "Are you telling me you didn't realise the floor was concrete before you began the work?" "What %-age of garage floors are concrete?" etc etc.

And then, "Are you telling me that I should pay you for a job that you didn't actually do? For a job you didn't realise you couldn't do even after 2 surveys? Didn't reckon the floor was concrete even tho' just about every garage in the UK has a concrete floor?"

Stick with these points, bring any deviation by them back to this. Repeat them until they answer each one as required.

Making these points in the form of Qs forces them to answer. If, instead, you simply state these points, they'll argue, and they'll be masters of that.

Any threats, implied or actual, call up your local police and tell them of your concerns. Don't over-egg, just state what was said, and in what manner, calmly and succinctly.

(On a different note, what were they planning to do to your garage to cure this 'damp' anyway - fit drains inside? Worth your partner starting a new thread on here about this, posting photos, inside and out of the garage.)

The don't have a case so why do you say ranting will count against them?

Being upset if you feel you're owed money doesn't change whether you're entitled to it or not. A one off visit to an address if you think you're owed money isn't a course of conduct so a single rant is irrelevant. 

Oh and for your info there there are only certain threats the police will deal with. 

Thank you for statements of the obvious.

Where you conveniently qualify your comments by somehow assuming it would be a single visit. 

And should this seemingly misguided builder attempt a claim against the OP's partner, you reckong the fact they ranted during their visits, whilst the OP'sP was a paragon of virtuous reason, won't count against them? 

And and at what point should the OP'sP consider informing the police? I reckon 'implied or actual threats' - if the recipient feels genuinely intimidated by either their behaviour, or what they say, or a combi, when almost certainly intimidation was the point.

What's the point of your post? Or it's purpose?

It absolutely won't count against them. Either they'd have the evidence to win in court or they wouldn't. Sounds like you're somehow claiming being polite would tip the balance of probability. 

I see how you assume there will be multiple visits until the money is paid. 

Not 'polite', but reasonable, factual, non-threatening.
As well you know.

I assumed there would be more than one visit? Could point out where I implied that? No.
As well you know.

Again - what is the purpose of your post?

It would still come down to evidence in a dispute about money. 

So why pick pick up on the fact I mentioned a single visit?

I was picking up on your whole post. Its irrelevance and distortion. Wondering what its purpose was. 

To correct you, the builders initial rant wouldn't sway the balance of probability should he sue for non payment. Not that he has a case anyway. 

ThisIsWeird

Ah. It's 'initial' now? You are so loose with word additions. And could the content of any rant have any bearing?

Was your post of benefit to the OP?

twopenny

I agree to try and keep it on 'paper'. 
That gives time to be clear, less confrontation and evidence.
It's likely they won't reply but that to is in your favour.

Start with re: damp in garage
You made 2 visits to the site on **** and **** and sent a quote to do (what?) On the ****

Two workmen arrived at ***o'clock and ****** before leaving the site saying that the work agreed and quoted for was not possible.
The contract was for **** that you specified should be done and this did not happen. 

This gives a clear layout of what happened when without emotion or blame should you wish to persue it.
It shows that you have engaged with them and are clear in the matter.
If they persist just repeat. This takes the pressure off your partner as they've taken a stand once.

I've always found that paper and post, with proof of delivery works better than email for which claims of not receiving it etc can be made.
I've regularly used this method when trouble crops up. So far with 100% sucess.
Technology complaints tend to go on and on.