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  • FIRST POST
    • Fantabulous
    • By Fantabulous 30th Jun 18, 6:10 PM
    • 149Posts
    • 87Thanks
    Fantabulous
    Some Help Please
    • #1
    • 30th Jun 18, 6:10 PM
    Some Help Please 30th Jun 18 at 6:10 PM
    I employed a small company in a town where I live to clear the large garden which had got considerably overgrown.

    They said it would take two days at least.

    It took them 4 hours flat. They have not cleared up at all, left a lot of rubbish behind.
    They stormed off in a huff when we attempted to pay by cheque, they are demanding cash.

    First of all they aren't getting one penny until they have completed the work. They are wanting 450 in cash.

    Are they allowed to demand cash over a cheque?
Page 1
    • leylie
    • By leylie 30th Jun 18, 9:15 PM
    • 94 Posts
    • 59 Thanks
    leylie
    • #2
    • 30th Jun 18, 9:15 PM
    • #2
    • 30th Jun 18, 9:15 PM
    According to the Cheque & Credit Clearing Company
    "Cheques are not legal tender and never have been. Even today, if you owe someone money they are not obliged to accept a cheque. Instead a creditor is entitled to be paid in legal tender and can refuse payment in any other form. "
    https://www.chequeandcredit.co.uk/information-hub/law-relating-cheques

    As regards the 'service' (or lack of!)
    I would suggest that on Monday you contact Trading Standards for advice - if you follow the link below you can enter your postcode to find your local contact.
    https://www.tradingstandards.uk/consumers/support-advice
    Leylie
    • Keep pedalling
    • By Keep pedalling 30th Jun 18, 10:41 PM
    • 5,407 Posts
    • 6,092 Thanks
    Keep pedalling
    • #3
    • 30th Jun 18, 10:41 PM
    • #3
    • 30th Jun 18, 10:41 PM
    Sounds like a bunch of cowboys who have probably fly tipped anything they took away from your garden.

    Cash only is fine when payments are small, but only a very dodgy company would demand cash only for this sort of bill. In future get written quotations with payment terms included, and discard any offing cash in hand only.

    I would pay them for the work done, 1/4 of the original estimate, and tell them if the want more they will have to take you to court. Then get professionals in to finish it off.
    • Ilona
    • By Ilona 1st Jul 18, 10:08 AM
    • 2,129 Posts
    • 7,318 Thanks
    Ilona
    • #4
    • 1st Jul 18, 10:08 AM
    • #4
    • 1st Jul 18, 10:08 AM
    450 for two days work is far too much, they sound like cowboys. Too late now but the payment method should have been agreed at the time of booking them, also how much of the rubbish was going to be cleared, and how were they going to dispose of it. Do they have contact details on the side of their vehicle. Ask to see their paperwork, ask for an invoice, then tell them how much you think their four hours are worth.

    ilona
    My home is full of second hand furniture that other people have thrown out. I wear other people's clothes bought from car boot sales and charity shops. I eat out of date (yellow sticker) food. And I will jump in a skip if there is anything in there that I can rescue. I love my brilliant life on a pension.
    • Fantabulous
    • By Fantabulous 2nd Jul 18, 3:57 AM
    • 149 Posts
    • 87 Thanks
    Fantabulous
    • #5
    • 2nd Jul 18, 3:57 AM
    • #5
    • 2nd Jul 18, 3:57 AM
    Sounds like a bunch of cowboys who have probably fly tipped anything they took away from your garden.

    Cash only is fine when payments are small, but only a very dodgy company would demand cash only for this sort of bill. In future get written quotations with payment terms included, and discard any offing cash in hand only.

    I would pay them for the work done, 1/4 of the original estimate, and tell them if the want more they will have to take you to court. Then get professionals in to finish it off.
    Originally posted by Keep pedalling
    No they are a proper company, have been established for years
    However they are all gypsies

    Will take your advice re Trading Standards
    • Fantabulous
    • By Fantabulous 2nd Jul 18, 4:02 AM
    • 149 Posts
    • 87 Thanks
    Fantabulous
    • #6
    • 2nd Jul 18, 4:02 AM
    • #6
    • 2nd Jul 18, 4:02 AM
    Originally, the day they arrived to quote they were going to take at least two days, possibly three. So the 400 - 500 was not that expensive.

    In the event they took four hours, as I said above. With maybe another 30 minutes to be done on Monday.

    Therefore, now, that quote is way over the top
    • missile
    • By missile 2nd Jul 18, 9:27 AM
    • 9,659 Posts
    • 4,823 Thanks
    missile
    • #7
    • 2nd Jul 18, 9:27 AM
    • #7
    • 2nd Jul 18, 9:27 AM
    4.5 hours work for how many men/women?
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • Fantabulous
    • By Fantabulous 2nd Jul 18, 8:28 PM
    • 149 Posts
    • 87 Thanks
    Fantabulous
    • #8
    • 2nd Jul 18, 8:28 PM
    • #8
    • 2nd Jul 18, 8:28 PM
    Just 3 men

    My Mother had employed the boss to come out and do the work.
    On Friday, since they refused a cheque, they were coming back at 4.30pm to clear up and get paid.

    He was knocking on the door at Noon today. I answered the door. He thought my Mother lived by herself.
    He wanted his 450.
    I had phoned Trading Standards this morning who said to pay him what we thought was a fair amount. So I worked out that 200 was enough.

    I said that once the work was completed he could have 200.

    So, he threatened me. First of all he was going to empty his wagon of stuff all over the green in front of our house.
    He also threatened to string me up.

    He said he had to pay to dump the stuff out of the van and he wanted paying so that he could do that.

    All I said was that I would report him to the police for fly tipping.

    He started bawling and shouting at me.

    He got a dressing down he won't forget quickly.

    I told him to come back at 4.30pm and to bring back the urn he had taken away, to finish the work and then he would be paid 200.


    So, it got to 4.30pm and a car pulled up with the two men whom did most of the work. I unlocked the gate for them. Oh, he hadn't come to work, he says, I was sent to collect 200.

    I repeated what I had said above. Bring back the garden urn, finish the work and then you will be paid

    Who knows what is going to happen next.

    Will phone Trading Standards in the morning and make a formal complaint against the company.
    • Fantabulous
    • By Fantabulous 6th Jul 18, 3:58 PM
    • 149 Posts
    • 87 Thanks
    Fantabulous
    • #9
    • 6th Jul 18, 3:58 PM
    • #9
    • 6th Jul 18, 3:58 PM
    Nothing happened until Thursday 5th July 8am the guy came knocking on the door demanding payment.
    I repeated my mantra of "when you have completed the work you will be paid" He stormed off in a huff.

    11am I had a neighbour knocking and asking if I had seen outside. He had brought the wagon back and dumped the whole lot outside of the garage, blocking our garage and the next door garage and half the roadway.

    I phoned the police and registered a complaint but they are only dealing with the threats. Fly tipping is the council's responsibility apparently.

    I have been inundated with people since 8.30am today.

    The police
    The council warden - 7 times threatening prosecution if the rubbish isn't moved by 5pm today
    The guy wanting money again, whom told the warden I had asked him to dump the stuff back!
    Then someone else from the council re the case

    The council can't do a quote for removal until next Wednesday
    I phoned several companies and have got one. I submitted the photos by email, they charge by cubic metre.

    They are coming out tomorrow to take it all away.
    • Keep pedalling
    • By Keep pedalling 6th Jul 18, 4:35 PM
    • 5,407 Posts
    • 6,092 Thanks
    Keep pedalling
    As they have fly tipped your stuff on your neighbours property you can be prosecuted for it, although under the circumstances it is unlikely it will come to that especially as you have arranged to have it moved promptly at your own expense.

    https://www.telegraph.co.uk/news/earth/environment/12062942/Facebook-fly-tippers-hiring-someone-to-take-rubbish-away-could-land-you-a-5000-fine.html

    Unfortunate hiring travellers to do this sort of work is very high risk.
    Last edited by Keep pedalling; 06-07-2018 at 4:38 PM.
    • missile
    • By missile 6th Jul 18, 7:49 PM
    • 9,659 Posts
    • 4,823 Thanks
    missile
    Unfortunately hiring travellers to do any sort of work is very high risk.
    My concern would be they may well come back and do !!!8230;!!!8230;!!!8230;!!!8230;

    You might have been better to pay them and put it down to experience.
    "A nation's greatness is measured by how it treats its weakest members." ~ Mahatma Gandhi
    Ride hard or stay home
    • Fantabulous
    • By Fantabulous 6th Jul 18, 9:07 PM
    • 149 Posts
    • 87 Thanks
    Fantabulous
    They aren't travellers!!

    They are based in Darlington permanently. Darlington has a large number of gypsies living in expensive houses.
    The folks I employed have a legitimate business that has been there for 15 years to my knowledge.

    He wasn't getting paid because he didn't do the work, simple as that.

    If he had finished the job he would have been paid fair and square, no problem.

    He didn't want to do the job, he didn't want to finish the job, he wanted cash in hand for Saturday night out.

    Also it wasn't fly-tipped on neighbour's property. It is dumped on council land in front of a council-owned rented garage.

    He is in big trouble.

    Police - for threatening behaviour towards two of us

    Trading Standards for false statements on the website

    Trading Standards re the waste removals license paperwork we are supposed to have a copy of. Plus other stuff.

    I haven't finished with the council yet, since he is supposed to be prosecuted for dumping his waste elsewhere than the registered waste disposal area he is registered to.

    No, we are not paying him a penny. He can take us to Court. I will go to Court and tell the whole story and see how far he gets.
    Last edited by Fantabulous; 06-07-2018 at 9:27 PM.
    • leylie
    • By leylie 7th Jul 18, 11:16 AM
    • 94 Posts
    • 59 Thanks
    leylie
    What a nightmare for you! Thank goodness your Mum doesn't live on her own and that you are strong enough to battle this.
    Leylie
    • Ilona
    • By Ilona 8th Jul 18, 12:29 PM
    • 2,129 Posts
    • 7,318 Thanks
    Ilona
    Blimey, I do admire your gumption. So that's how they got their big houses then, by ripping people off. No wonder they want cash. The Inland Revenue should be investigating them. I hope the law throws the book at them, good luck in your fight for justice.

    ilona
    My home is full of second hand furniture that other people have thrown out. I wear other people's clothes bought from car boot sales and charity shops. I eat out of date (yellow sticker) food. And I will jump in a skip if there is anything in there that I can rescue. I love my brilliant life on a pension.
    • moneyistooshorttomention
    • By moneyistooshorttomention 10th Jul 18, 8:44 PM
    • 16,568 Posts
    • 45,751 Thanks
    moneyistooshorttomention
    I was going to suggest they must have a list of other customers that have contemplated reporting them to HMRC.

    Personally - "revenge is a dish best served cold" in some circumstances.

    So - sort it out as best you can now.

    Then "when the dish has cooled" (ie maybe 6 months time/1 years time) put in an anonymous tip-off about them to HMRC. By that time they'll have pulled this stunt/been paid cash by a noticeable number of other people and they'll find it very difficult to figure out just who reported them

    They're being fools to themselves if they are reported they are earning only passable income to HMRC - but living in expensive houses (ie the sort that require a high income to get). They shouldnt assume HMRC would never query such a mis-match between (apparent) income and expenditure.
    ****************
    • Fantabulous
    • By Fantabulous 12th Jul 18, 10:49 PM
    • 149 Posts
    • 87 Thanks
    Fantabulous
    Update.

    I got another company called Clearabee which is nationwide. Professional fast service, no problems there.

    I had thought that there seemed to be a lot of stuff compared to what they took away in the first place.

    Half of it wasn't ours! There was a whole load of soil, plants, weeds and etc - our garden is all paving and gravel, there is nowhere he could have got any of that from. It must have been on his wagon to start with, then when he dumped it we got the whole lot. So it cost us more to have it moved simply because of the weight.

    That has given the council more leverage since it wasn't just our stuff he fly-tipped it is someone else's too.

    Over last weekend I must have had 7 people knock at the door wanting to remove the stuff. one of them said that A1 had done this dozens of times before and they had had to clear up the mess after them.

    Trading Standards have hundreds of complaints against them, as do the police.
    The Council are taking them to court for fly-tipping (just heard for certain today)

    Thank goodness it is over - I hope.

    Last Friday the boss of A1 said he had filed a claim online against us - which was a blatant lie since we would have known about it by now - the court sends the paperwork out within 48 hours.

    Thanks for the input, it was much appreciated.
    • leylie
    • By leylie 14th Jul 18, 5:26 PM
    • 94 Posts
    • 59 Thanks
    leylie
    Thanks for the update.
    Leylie
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