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utab007
Posts: 144 Forumite
Morning,
I need some advice. Not sure if I have posted this question in the correct area.
Anyway, around end of May I hired a tradesman to fix a problem with a leaking bathroom. This job was at a property I rent out to a company. In fact, the company recommended him based on some other work they say he did for them. The job was to first of all identify the leak and fix it. And also repair damaged caused by it, so replace flooring underneath bath and repair ceiling downstairs.
A few days later the company got back in touch to say the bathroom is still leaking. Unfortunately, by this time I had already paid the tradesman.
On hearing news of the leak I visited the property to inspect the work. Main part of the work in the bathroom was either not done or done to a very poor standard using wrong materials. Only the repair to the ceiling was of satisfactory standard, but even that was not sanded down and painted as required.
I think this tradesman was out of depth doing plumbing work and his experience lies in plastering/painting.
Since then I have hired someone else to fix the leak and it turns out the problem was with the seal running around the bath. So quite a simple fix in the end.
I now need advice on how I can claim back my money from the first tradesman (or con-man). As the recommendation came from the company I first approached them, but they just said he was put forward based on completing a job of a similar type which was done to a good standard.
I have emails from the company on the work that was agreed with the tradesman. They also agree work was not carried out as required. In fact I believe he made the leak worse after his bodge job.
I also have text messages from the tradesman saying he will pay back part of the money (minus materials and travel costs) when he gets paid on 1st July, but that date has now passed.
As the incorrect materials were used I have requested a full refund of £700.
What steps should I take now to recover my money? I have already been waiting 1 month. Yesterday I sent him an email highlighting the issues and said I will be filing papers to the small claims court early next week as he failed to pay me on 1st July.
I think another option could be to use a commercial debt recovery agency. As I'm a landlord (self-employed sole trader) I think I would qualify. The tradesman has a limited company, but as my payment was made directly to him I think this would count as a debt recovery from one sole trader to another. The debt recovery firm I have found operate on a no win no fee basis.
Please advise on best way to proceed from here.
Many Thanks
I need some advice. Not sure if I have posted this question in the correct area.
Anyway, around end of May I hired a tradesman to fix a problem with a leaking bathroom. This job was at a property I rent out to a company. In fact, the company recommended him based on some other work they say he did for them. The job was to first of all identify the leak and fix it. And also repair damaged caused by it, so replace flooring underneath bath and repair ceiling downstairs.
A few days later the company got back in touch to say the bathroom is still leaking. Unfortunately, by this time I had already paid the tradesman.
On hearing news of the leak I visited the property to inspect the work. Main part of the work in the bathroom was either not done or done to a very poor standard using wrong materials. Only the repair to the ceiling was of satisfactory standard, but even that was not sanded down and painted as required.
I think this tradesman was out of depth doing plumbing work and his experience lies in plastering/painting.
Since then I have hired someone else to fix the leak and it turns out the problem was with the seal running around the bath. So quite a simple fix in the end.
I now need advice on how I can claim back my money from the first tradesman (or con-man). As the recommendation came from the company I first approached them, but they just said he was put forward based on completing a job of a similar type which was done to a good standard.
I have emails from the company on the work that was agreed with the tradesman. They also agree work was not carried out as required. In fact I believe he made the leak worse after his bodge job.
I also have text messages from the tradesman saying he will pay back part of the money (minus materials and travel costs) when he gets paid on 1st July, but that date has now passed.
As the incorrect materials were used I have requested a full refund of £700.
What steps should I take now to recover my money? I have already been waiting 1 month. Yesterday I sent him an email highlighting the issues and said I will be filing papers to the small claims court early next week as he failed to pay me on 1st July.
I think another option could be to use a commercial debt recovery agency. As I'm a landlord (self-employed sole trader) I think I would qualify. The tradesman has a limited company, but as my payment was made directly to him I think this would count as a debt recovery from one sole trader to another. The debt recovery firm I have found operate on a no win no fee basis.
Please advise on best way to proceed from here.
Many Thanks
0
Comments
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Being a landlord does not make you self employed or a sole trader. It counts as investment income not employment or trade. In any case a disputed refund does not class as a debt. How would you show proof of debt?
So I suspect small claims is your only route.
As a landlord you need to take responsibility for selecting your own suitable tradesmen. Fair enough he should not have taken a job he could not do but you should not have employed to fix a leak without at least confirming he was a capable plumber.0 -
how did you pay ? cash? bank transfer/cheque? It is not immediately certain that you may well have paid his company rather than him despite what you think.The tradesman has a limited company, but as my payment was made directly to him I think this would count as a debt recovery from one sole trader to another. The debt recovery firm I have found operate on a no win no fee basis.
Please advise on best way to proceed from here.
whether you can get a no win no fee debt collector to do that for you is doubtful since, as mentioned above, it is not a debt you are chasing. You are disputing the quality of the work done, not the fact money is owed. You need evidence that the tradesman acknowledges his work was of unacceptable standard and that a refund has been offered - that is the basis of your case0 -
Morning,
I need some advice. Not sure if I have posted this question in the correct area.
Anyway, around end of May I hired a tradesman to fix a problem with a leaking bathroom. This job was at a property I rent out to a company. In fact, the company recommended him based on some other work they say he did for them. The job was to first of all identify the leak and fix it. And also repair damaged caused by it, so replace flooring underneath bath and repair ceiling downstairs.
A few days later the company got back in touch to say the bathroom is still leaking. Unfortunately, by this time I had already paid the tradesman.
On hearing news of the leak I visited the property to inspect the work. Main part of the work in the bathroom was either not done or done to a very poor standard using wrong materials. Only the repair to the ceiling was of satisfactory standard, but even that was not sanded down and painted as required.
I think this tradesman was out of depth doing plumbing work and his experience lies in plastering/painting.
Since then I have hired someone else to fix the leak and it turns out the problem was with the seal running around the bath. So quite a simple fix in the end.
I now need advice on how I can claim back my money from the first tradesman (or con-man). As the recommendation came from the company I first approached them, but they just said he was put forward based on completing a job of a similar type which was done to a good standard.
I have emails from the company on the work that was agreed with the tradesman. They also agree work was not carried out as required. In fact I believe he made the leak worse after his bodge job.
I also have text messages from the tradesman saying he will pay back part of the money (minus materials and travel costs) when he gets paid on 1st July, but that date has now passed.
As the incorrect materials were used I have requested a full refund of £700.
What steps should I take now to recover my money? I have already been waiting 1 month. Yesterday I sent him an email highlighting the issues and said I will be filing papers to the small claims court early next week as he failed to pay me on 1st July.
I think another option could be to use a commercial debt recovery agency. As I'm a landlord (self-employed sole trader) I think I would qualify. The tradesman has a limited company, but as my payment was made directly to him I think this would count as a debt recovery from one sole trader to another. The debt recovery firm I have found operate on a no win no fee basis.
Please advise on best way to proceed from here.
Many Thanks
Its the 2nd and its the weekend, give him a chance to pay this week before going to the next stage0 -
OK, I guess small claims is the best option. Another option may possibly be insurance. It's a long shot but he may possibly have insurance. How can I check this? The tenant (company) may hold some details.
I've not been through small claim court process before. As I have already waited a month can I just put in a claim. I have told him I will file the papers early next week. Please advise on the steps taking the details into account.
Thanks in advance0 -
The next step is a formal "letter before action" to the tradesman to state your claim. If that fails proceed to small claims via money claim online.
You should keep your Tenant out of it; it is not their problem.0 -
glentoran99 wrote: »Its the 2nd and its the weekend, give him a chance to pay this week before going to the next stage
I've already waited a month and he offered no explanation for not paying on 1st July. I paid him promptly, so I would expect the same. I don't believe he has any intention of paying0 -
The next step is a formal "letter before action" to the tradesman to state your claim. If that fails proceed to small claims via money claim online.
You should keep your Tenant out of it; it is not their problem.
They put forward a poor recommendation. In fact I would class him as a con-man for taking on work he cannot do and then invoicing for it. Sure, I should have made some checks, but even so.
The tenant is involved as they main communication via email and phone was done by the company. They may need to provide evidence in court. I think that's the least they can do0 -
They put forward a poor recommendation. In fact I would class him as a con-man for taking on work he cannot do and then invoicing for it. Sure, I should have made some checks, but even so.
The tenant is involved as they main communication via email and phone was done by the company. They may need to provide evidence in court. I think that's the least they can do
Well that is up to you, but you got into this mess by letting your Tenant undertake your Landlord repair responsibilities. Most Landlords would not allow this under any circumstances.
Things can only get worse if you continue to involve the T beyond what is necessary.
Stop using text and email. Start using pen and paper.0 -
I've already waited a month and he offered no explanation for not paying on 1st July. I paid him promptly, so I would expect the same. I don't believe he has any intention of paying
That's fair enough but the court wold expect you to be reasonable, You agreed 1st July, but its the weekend give the guy a chance, you may well be right but at least give him the opportunity, Personally I would give him to the end of the week0 -
One more thing. If he already offered to make some payment and I have this in text message from him then I must have a pretty strong case. What do you think?
I did think about leaving him some payment for the repair to ceiling, but unfortunately he made the leak worse which caused further damage to ceiling. That's why I think I have a case for a full refund.0
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