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Help - advice needed re builders bill
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gallygirl
Posts: 17,240 Forumite


In August last year I asked a builder to quote me for some painting work on a porch on a BTL property. He was doing some bits and pieces for me on other properties around the same time.
I accepted the quote and then phoned him frequently to ask when he could do it, I was constantly put off because of the weather. I don't think I spoke to him this year - nothing on my home bills, will check mobile bills at work tomorrow. Had given up and had decided to get porch UPVC'd as soon as I could afford it.
This evening I came home to find a bill behind the door - he'd gone ahead and done the work over a year since he quoted for it. Bill is for £290, original quote, plus £45 for additional work. He didn't phone me before hand and started painting without notifying tenant he was there - for all he knew I could have sold house!!!
Am absolutely furious and have no intentions of paying - even if he sues. But does anyone know my legal position? Origianl quote, which I miraculously still have, states open for acceptance until 30/9/04. I did accept the quote prior to this date - but surely he can't do the work a year later without my knowledge or agreement and expect to be paid?
Any advice folks, and does anyone know if Citizens Advice still do 15 minute interviews with a solicitor? I did phone him when I got bill and left a message for him to ring me - but think it best not to speak to him till I get legal advice???
Thanks. Going off to explode now! :mad:
I accepted the quote and then phoned him frequently to ask when he could do it, I was constantly put off because of the weather. I don't think I spoke to him this year - nothing on my home bills, will check mobile bills at work tomorrow. Had given up and had decided to get porch UPVC'd as soon as I could afford it.
This evening I came home to find a bill behind the door - he'd gone ahead and done the work over a year since he quoted for it. Bill is for £290, original quote, plus £45 for additional work. He didn't phone me before hand and started painting without notifying tenant he was there - for all he knew I could have sold house!!!
Am absolutely furious and have no intentions of paying - even if he sues. But does anyone know my legal position? Origianl quote, which I miraculously still have, states open for acceptance until 30/9/04. I did accept the quote prior to this date - but surely he can't do the work a year later without my knowledge or agreement and expect to be paid?
Any advice folks, and does anyone know if Citizens Advice still do 15 minute interviews with a solicitor? I did phone him when I got bill and left a message for him to ring me - but think it best not to speak to him till I get legal advice???
Thanks. Going off to explode now! :mad:
A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort


"Do what others won't early in life so you can do what others can't later in life"
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Hi
I am sure solicitors do a 30 minute freebie might be worth ringing one or as you have said the CAB.
JaffaR.I.P Sam, still in my heart0 -
Oh my goodness - thats completely mad - when is the last time you spoke to him? Gees if it was me I would have gotten someone else to ring and say that you had moved house and that he had done the work for nothing! I don't know what the legal view is but I know the sensible one and that is to tell him to !!!!!! off - not much help to you I know but anyway - I'm so enraged on your behalf I'm going to try and find some useful law online - failing that phone the CAB tomorrow.DON'T WORRY BE HAPPY
norn iron club member no.10 -
nadnad wrote:Oh my goodness - thats completely mad - when is the last time you spoke to him? Gees if it was me I would have gotten someone else to ring and say that you had moved house and that he had done the work for nothing! I don't know what the legal view is but I know the sensible one and that is to tell him to !!!!!! off - not much help to you I know but anyway - I'm so enraged on your behalf I'm going to try and find some useful law online - failing that phone the CAB tomorrow.
oooohhh thank you for being so mad on my behalf!!!
Phone up trading standards for the East Mids this morning, they quite perplexed! But basically think it comes under the Supply of Goods & Services Act 1982 - agreed services must be carried out within a 'reasonable time' - no legal definition but 1 yr definitely outside it! So basically he has carried out work unauthorised and I can refuse to pay it. Which I will be doing, obviously!
So will probably be ok in the end but will have a load of hassle in the meantime, and he may take me to small claims court. Can live with that!A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effortMortgage Balance = £0
"Do what others won't early in life so you can do what others can't later in life"0 -
Have just sent the following:
I am writing to you in connection with your Sales Invoice reference 25/5, relating to ********8, which was delivered by hand on Monday 22nd August.
This invoice relates to a job which you quoted for on 2nd August 2004, for a total price of £295 including VAT. I accepted the quote and requested that you carry out the job as soon as possible. Despite numerous phone calls from me, and many promises from you, the job was not carried out and I therefore ceased contact.
I understand you carried out some work on Saturday 20th August, although in one day it would obviously not have been possible to give the three coats of paint you originally quoted for. However, the quality of work carried out is an aside to the main issue.
Under the Supply of Goods and Services Act 1982, when the quote was accepted
‘…there is an implied term that the supplier will carry out the service within a reasonable time.’ (Supply of Goods and Services Act 1982, Section 14).
‘Reasonable time’ is not prescribed by the Act, however I have taken legal advice on this matter and over a year from the original date of the quotation falls well outside what is deemed reasonable. It is clear therefore that your failure to provide the agreed service in a ‘reasonable time’ voided our verbal contract.
You have carried out unauthorised work on my property and I am therefore not prepared to pay the aforementioned invoice.
Hope it works......A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effortMortgage Balance = £0
"Do what others won't early in life so you can do what others can't later in life"0 -
Nice one - keep me updated - I was telling loads of people about this and no one could believe it - some work men I think just think it easy to take advantage of women (I'm assuming you are one!). My mum had a plumber round to do some work - he quoted her something like £300 (whatever it was I can't really remember) then when he did the work he told her it was actually going to be £750 - over twice as much. He knew she was a single mum - no man around - well did he pick on the wrong two girl team! - We paid him the original amount and asked him to get off our property (politely) when he refused and started his bully boy antics I calmly told him I would phone the police - he scoffed - and then I dialled right in front of him - he soon left! I was only 16 at the time but felt the need to stick up for my mum - imagine trying to bully a 16 year old and her mum - some people are despicable!
Anyway I hope it works and I hope you get no problems from this obvious psycho/strange weird world man!!DON'T WORRY BE HAPPY
norn iron club member no.10 -
nadnad wrote:Nice one - keep me updated - I was telling loads of people about this and no one could believe it - some work men I think just think it easy to take advantage of women (I'm assuming you are one!).
Yes I am, but not intimidated by a mere male! But not adverse to playing pathetic weak female if I need a tyre changed in the rain!;)
Thanks for your interest. He should have received letter today, haven't heard anything from him yet.A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effortMortgage Balance = £0
"Do what others won't early in life so you can do what others can't later in life"0 -
Just to offer my support...... I would have been LIVID!!!!!
Cheeky so and so!Just run, run and keep on running!0 -
Firstly I agree that to carry out the work without contacting you and a year down the line is a big mistake on behalf of the painter, however from a builders point of view I would ask you are you satisfied with the job he has done ? if he has done a good job then your porch will now last a good few years longer before you have to replace it with a PVC one.
I would offer him 50 % of the original quote in full and final settlement without any liabilities on your behalf, don't forget if he gets cheesed off with you he could go back and strip off all his work, it would take less than 10 minutes with nitromoors stripper and could possibly lead to further damage to your property, the onus would then be on you to prove he damaged your property. Builders are a bitter race and it happens a lot.
It would become a nightmare.0 -
I don't agree with offering to pay part of the bill even if it had been a good job. Th ebuilder was out of time to do the work.
If he tries to 'take the work back' then that would be criminal damage as there is no way he can remove his work and yet leave the porch *Exactly * how it was before. If I was the OP I would be taking lots of photos of the porch at the moment, just in case!
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most unprofessional. you simply cant have people doing this or anything nearly a year later. I just cant see his rationale. If I was you I would ignore it and if he was stupid or something to pushed it I would threaten to sue him for trespass and vandalism or criminal damage to your property."enough is a feast"...old Buddist proverb0
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