Rogue trade

ironmanjason

Hi

i need some advise here. I contracted a local tradesman to renovate my bathroom and agreed on a start date and finish date and price. Work started on the day but a lot delayed and has been delayed everyday since. I noticed quite a few things were being done poorly and when asked why the answer was this is how it’s done rather than explaining the logic. I checked with an acquaintance who is in the business and he advised the work is not being done the right way. I called up council building control for help and they advised me to register an application which I have done. I informed the tradesman that I’m involving building control and will pay the remaining only after they sign off. I am aware we don’t need regs for generic bathroom Reno but I’m adding an extractor fan with electrics for that which council advised I needed their approval. 

Now begins the fun - I told them this and gave them 2 options 1) finish the job and I will pay in full after building regs sign off or 2) feel free to walk away but I won’t pay anything more. They decided to walk away! Now they have sent a msg saying I owe them more money and i dispute that. Tried to solve amicably but didn’t work out. There are no signed contracts and there is a text about start date and total price etc. 

He tried to intimidate me to say he will pass the cost to debt collection and I didn’t budge and now wants to send a contract via email and wants me email which I refuse to share. What are my rights here? I’m already serving a consumer act 2015 notice to him for the quality and satisfaction of his work with proof. Can he send a contract retrospectively after he left a half finished job and demand Money? 

the_lunatic_is_in_my_head

Hello OP

These things are always messy, debt collectors can't do anything really other than annoy you, he'd have to go to small claims to formally recover any sums he thinks is due.

If you aren't looking for a refund then it's a case of wait and see what his next move is. 

Getting you to sign things now is pointless, the time line is presumably clear and any changes need to be agreed by both parties so whatever was the original agreement is what stands unless you both agree otherwise. 

As you might have read elsewhere, services must be carried out with due care and skill and where they aren't you are entitled to a price reduction. 

If he sends a letter before action or files through small claims it would be wise to have the work inspected by someone independent to have some info in your corner to show why the work isn't up to scratch and an idea of what it may cost to finish.

You've both agreed to terminate the contract so other than him being paid for work done to a satisfactory standard (plus any materials you may have) I'm not sure he has much to claim.

Regarding building regs, I believe electricians can sign off work without building control, I'm not sure on the specifics, maybe someone else will advise in more detail. 

ironmanjason

thanks! when you say someone independent who do you mean? surveyors or other building companies?

the_lunatic_is_in_my_head

ironmanjason said:

thanks! when you say someone independent who do you mean? surveyors or other building companies?

I would say someone who can show they are an expert in their field who doesn't have a vested interest, I'm not sure the opinion of another builder would hold weight as they might be hoping to get a job out of it so have cause to not be truly independent.

I can only base this on my opinion rather than experience or knowledge, the finer details of how the court processes work doesn't come up on here often, there is another site called LegalBeagles with a forum for courts who might be able to advise more on that aspect.  

tacpot12

If you have home insurance, check to see if you have Legal Expenses Cover. If you do, you should call the Legal helpline provided by your insurer before doing anything else. They will advise you want to do, and might even write to the trader. 

pinkshoes

ironmanjason said:

Hi

i need some advise here. I contracted a local tradesman to renovate my bathroom and agreed on a start date and finish date and price. Work started on the day but a lot delayed and has been delayed everyday since. I noticed quite a few things were being done poorly and when asked why the answer was this is how it’s done rather than explaining the logic. I checked with an acquaintance who is in the business and he advised the work is not being done the right way. I called up council building control for help and they advised me to register an application which I have done. I informed the tradesman that I’m involving building control and will pay the remaining only after they sign off. I am aware we don’t need regs for generic bathroom Reno but I’m adding an extractor fan with electrics for that which council advised I needed their approval. 

Now begins the fun - I told them this and gave them 2 options 1) finish the job and I will pay in full after building regs sign off or 2) feel free to walk away but I won’t pay anything more. They decided to walk away! Now they have sent a msg saying I owe them more money and i dispute that. Tried to solve amicably but didn’t work out. There are no signed contracts and there is a text about start date and total price etc. 

He tried to intimidate me to say he will pass the cost to debt collection and I didn’t budge and now wants to send a contract via email and wants me email which I refuse to share. What are my rights here? I’m already serving a consumer act 2015 notice to him for the quality and satisfaction of his work with proof. Can he send a contract retrospectively after he left a half finished job and demand Money? 

How much have you paid them so far?

Does your acquaintance mentioned above have suitable qualifications/reputation to be able to document formally (in writing) what is wrong with the work done so far? If the tradesperson took you to court for money owed, you'd need to be able to prove that their work was not satisfactory.

You would, however, potentially have to pay the tradesperson something. The only way to make this a fair amount is to get two or three quotes from other bathroom tradespeople of the cost of completing the bathroom to the required standard.

e.g. if you agreed £8000 to have the bathroom replaced, and got two quotes showing that £7000 of work was outstanding, then you would need to pay £1000 to the first builder. 

If the quotes came to more than £8000 you would then potentially have a case to counter-sue the builder for the additional cost due to his poor workmanship.

ironmanjason

My acquaintance is a retired builder who had his own company for decades. The tradesman as told he will drop a notice at my home and if I don’t respond in 14 days he will take this to court. My acquaintance feels confident enough to defend me if that happens although I wouldn’t expect that of him! The councils building regs are due to come soon so fingers crossed! I noticed he has taken the extractor and ducting he installed but even that ducting has been faulty as it was let out in the eves and hopefully building inspection picks that out!