Customer took £2000 off a builder price after the job was done with talking to the builder

elsien

I agree with not trying to charge extra interest when the builder  has taken a ridiculously long amount of time to chase this. 

LightFlare

The possibility is that he’s been chasing it for years and has finally lost patience with them and knows he is getting close to the limit to be able to “enforce” via legal means.

I get the Impression that there is probably more to the story than we know.

OP - where do you fit into this picture ?

It’s usually more useful if info can be given and questions answered first hand as opposed to via the grapevine

Mistral001

LightFlare said:

The possibility is that he’s been chasing it for years and has finally lost patience with them and knows he is getting close to the limit to be able to “enforce” via legal means.

I get the Impression that there is probably more to the story than we know.

OP - where do you fit into this picture ?

It’s usually more useful if info can be given and questions answered first hand as opposed to via the grapevine

Exactly.  Where do you fit in?  Surely this is between the customer and the builder.  

WIAWSNB

Although potentially an interesting story, it shouldn't affect the outcome of the advice given to know the OP's inclusion in the matter, or whether there's 'more' to the story.
If the situation is different or more complex than described, the builder is unlikely to get anywhere with it based on the provided advice. It's largely self-determinating.
But, do tell...

willywonka1

Hi all, and a big thank you.
Given then enough time. Had response last night, as I asked them to write me a letter to go to the courts as well, not sure I did right there.

In their letter they said we had no formal contract written up. But there are verbal contracts, but what I always do, is E-Mail a full quote out, on all the work to be done, and materials used, and they agreed on the price. I do this always, and in my 40 years of working not had this problem. Well we have had twice, but said ok, we will take the work down we have done that you have not paid for, that worked, but in this day ad age ???

Also, the job was a very long fence. So a question, as they have only paid roughly 65%, the 35% of the fence still up, is legally my property ??? And am I legally able to take down ??? Problem this time, just about all round the fence there's a big drop. But could I do this.

masonic

It's very unclear what concession the customer has made. You say they have only paid roughly 65%, but in the first post, you said they paid £4,200 (70% of the agreed price of £6,000). Are you saying that, despite having written acceptance of the £6,000 price, you are going to throw in the towel and write off the other £1,800, and in addition to that, you have offered to visit the property and do more work for no recompense taking down the part of the fence you say hasn't been paid for? It seems you are cutting your nose off to spite your face.

Why not just send the customer a Letter Before Action, which just costs postage, then a money claim online ASAP? This will be less work than what you propose, and a CCJ might hurt the customer more than a gap in the fence. If you aren't inclined to do this, I'd suggest just dropping it.

I don't think you could legally enter the property and take down part of the fence without permission. That would probably be criminal damage. There is a reason we have courts to settle things like this.

Edit: And I have to ask, what sort of fence has windows?

Grumpy_chap

willywonka1 said:

Also, the job was a very long fence. So a question, as they have only paid roughly 65%, the 35% of the fence still up, is legally my property ??? And am I legally able to take down ??? Problem this time, just about all round the fence there's a big drop. But could I do this.

Would that be cutting off your nose to spite your face?

Presumably, the bulk of the cost of erecting the fence is labour rather than materials.  If you recover 35% of the materials, that will require more labour to do, so leave you further out of pocket.  You could have used that time to do some other paid work instead.  Also, you would be responsible for any safety around the area where the fence has been removed, so would need to re-grade where the posts / gravel boards have been removed and provide some alternative barrier that prevents the big drop either side of the fence becoming a hazard with the fence removed.

willywonka1

masonic said:

It's very unclear what concession the customer has made. You say they have only paid roughly 65%, but in the first post, you said they paid £4,200 (70% of the agreed price of £6,000). Are you saying that, despite having written acceptance of the £6,000 price, you are going to throw in the towel and write off the other £1,800, and in addition to that, you have offered to visit the property and do more work for no recompense taking down the part of the fence you say hasn't been paid for? It seems you are cutting your nose off to spite your face.

Why not just send the customer a Letter Before Action, which just costs postage, then a money claim online ASAP? This will be less work than what you propose, and a CCJ might hurt the customer more than a gap in the fence. If you aren't inclined to do this, I'd suggest just dropping it.

I don't think you could legally enter the property and take down part of the fence without permission. That would probably be criminal damage. There is a reason we have courts to settle things like this.

Edit: And I have to ask, what sort of fence has windows?

Hi,
No, not going to throw the towel in at all, more the opposite.

Ok, I thought just a E-Mail like a have, explaining things, give them a chance to reply, then me send them my letter I am sending the small courts, if no money send into small courts. But you say L.B.A. then a money claim online, or is that the same as mall courts. 
Thank you.

willywonka1

Grumpy_chap said:

willywonka1 said:

Also, the job was a very long fence. So a question, as they have only paid roughly 65%, the 35% of the fence still up, is legally my property ??? And am I legally able to take down ??? Problem this time, just about all round the fence there's a big drop. But could I do this.

Would that be cutting off your nose to spite your face?

Presumably, the bulk of the cost of erecting the fence is labour rather than materials.  If you recover 35% of the materials, that will require more labour to do, so leave you further out of pocket.  You could have used that time to do some other paid work instead.  Also, you would be responsible for any safety around the area where the fence has been removed, so would need to re-grade where the posts / gravel boards have been removed and provide some alternative barrier that prevents the big drop either side of the fence becoming a hazard with the fence removed.

Grumpy_chap said:

willywonka1 said:

Also, the job was a very long fence. So a question, as they have only paid roughly 65%, the 35% of the fence still up, is legally my property ??? And am I legally able to take down ??? Problem this time, just about all round the fence there's a big drop. But could I do this.

Would that be cutting off your nose to spite your face?

Presumably, the bulk of the cost of erecting the fence is labour rather than materials.  If you recover 35% of the materials, that will require more labour to do, so leave you further out of pocket.  You could have used that time to do some other paid work instead.  Also, you would be responsible for any safety around the area where the fence has been removed, so would need to re-grade where the posts / gravel boards have been removed and provide some alternative barrier that prevents the big drop either side of the fence becoming a hazard with the fence removed.

Hi,
Yes you got a point there.
Thank you.

masonic

willywonka1 said:

masonic said:

It's very unclear what concession the customer has made. You say they have only paid roughly 65%, but in the first post, you said they paid £4,200 (70% of the agreed price of £6,000). Are you saying that, despite having written acceptance of the £6,000 price, you are going to throw in the towel and write off the other £1,800, and in addition to that, you have offered to visit the property and do more work for no recompense taking down the part of the fence you say hasn't been paid for? It seems you are cutting your nose off to spite your face.

Why not just send the customer a Letter Before Action, which just costs postage, then a money claim online ASAP? This will be less work than what you propose, and a CCJ might hurt the customer more than a gap in the fence. If you aren't inclined to do this, I'd suggest just dropping it.

I don't think you could legally enter the property and take down part of the fence without permission. That would probably be criminal damage. There is a reason we have courts to settle things like this.

Edit: And I have to ask, what sort of fence has windows?

Hi,
No, not going to throw the towel in at all, more the opposite.

Ok, I thought just a E-Mail like a have, explaining things, give them a chance to reply, then me send them my letter I am sending the small courts, if no money send into small courts. But you say L.B.A. then a money claim online, or is that the same as mall courts. 
Thank you.

You've already sent lots of emails, plus made a generous offer to settle for a lower amount than the full £1,800. What explanation could you possibly receive that would convince you to do anything more for this customer? It is almost as if part of you believes they have a valid reason for not paying up.

As mentioned earlier in the thread, any further delays by yourself put you at risk of having the whole claim statute barred for running out of time. It will also reduce your credibility in the eyes of the customer, as continued pleading for the money without any legal action will make them believe you aren't serious about enforcing your rights. They will probably be well aware of the time limit and how close they are to getting away with it.

Yes, a money claim online is a process for making a small claim in the civil courts.