by atbattersea » Sat Aug 20, 2022 10:00 pm
Solicitors have a habit of charging, and charging, and charging… so unless they can resolve the problem with a single letter (likely to cost you £500-600 plus VAT), it is unlikely they are going to save you more money than they cost… Although you may prefer to pay the solicitor than the rip-off tradesman.
The crux of the problem here is what you have agreed to in terms of services provided and the cost of those services. This constitutes a contract, and enforcement of that contract is the only way the tradesman is going to be able to force you to pay, legally.
The problem you have is that you only seem to have a verbal contract - so a judge is going to have difficulty assessing the truth of the matter.
However, the fact that the tradesman is asking for cash payment, and is apparently issuing threats to "rip up the work", tends to support your veracity rather than the tradesman's.
What you need to do is write down everything that happened, and how you agreed to the work for a certain sum. Then also state how that seemed to change, without any further discussion. If you have emails to support your version of events, then that also helps, as do text messages and phone call records.
Going forward, contemporaneously write down each interaction you have with the tradesman/office, and record telephone/in person conversations if you can.
Offer them the fee you believe that they quoted for the work, in full and final settlement. If they refuse it, send them a cheque for the money, with a letter saying that if they cash the cheque they are accepting it as full and final settlement.
If they start making further threats to rip up their work, make sure you record these in some way. If they turn up to your house, refuse them entry and tell them that if they do not leave you will call the police.
It seems unlikely to me that, if they are trying to con you, that they will attempt to enforce the contract in court, but if they have issued an invoice (or the claim is otherwise made) they have up to six years to take that action. But you should be prepared to fight them in court if necessary, so keep the records I have indicated above.
You could try contacting your local trading standards department, but I have found it very difficult to get them interested in anything in the past.
Solicitors have a habit of charging, and charging, and charging… so unless they can resolve the problem with a single letter (likely to cost you £500-600 plus VAT), it is unlikely they are going to save you more money than they cost… Although you may prefer to pay the solicitor than the rip-off tradesman.
The crux of the problem here is what you have agreed to in terms of services provided and the cost of those services. This constitutes a contract, and enforcement of that contract is the only way the tradesman is going to be able to force you to pay, legally.
The problem you have is that you only seem to have a verbal contract - so a judge is going to have difficulty assessing the truth of the matter.
However, the fact that the tradesman is asking for cash payment, and is apparently issuing threats to "rip up the work", tends to support your veracity rather than the tradesman's.
What you need to do is write down everything that happened, and how you agreed to the work for a certain sum. Then also state how that seemed to change, without any further discussion. If you have emails to support your version of events, then that also helps, as do text messages and phone call records.
Going forward, contemporaneously write down each interaction you have with the tradesman/office, and record telephone/in person conversations if you can.
Offer them the fee you believe that they quoted for the work, in full and final settlement. If they refuse it, send them a cheque for the money, with a letter saying that if they cash the cheque they are accepting it as full and final settlement.
If they start making further threats to rip up their work, make sure you record these in some way. If they turn up to your house, refuse them entry and tell them that if they do not leave you will call the police.
It seems unlikely to me that, if they are trying to con you, that they will attempt to enforce the contract in court, but if they have issued an invoice (or the claim is otherwise made) they have up to six years to take that action. But you should be prepared to fight them in court if necessary, so keep the records I have indicated above.
You could try contacting your local trading standards department, but I have found it very difficult to get them interested in anything in the past.