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tigwig | 13:18 Fri 03rd Oct 2008 | Law
21 Answers
My hubby has just received a letter via recorded delivery from the daughter of a family member he has recently built a garage for.
The letter is basically saying they have had several inspections from builders and the roof and floor is unacceptable and the case is being referred to trading standards and they are getting an independent report done which they will be claiming back the �400 cost from us. Then if we don't cough up they will take us to the small claims court.
She then goes on to accuse us of taking �1500 of her mum's life savings and says the paving is unacceptable too. All this is untrue.
The letter is not well presented and I am unsure whether she is testing us or not. Is there any way to find out?
As far as my hubby is concerned he did the job to a high standard and he has all receipts to prove the cost of materials etc. He worked like mad on this job, the woman was a nightmare from start to finish and has done this sort of thing before, he ended up hardly earning anything.
They did recently contact him before complaining about a minor problem to do with the rain water collecting or something (sorry I don't know exactly) he said this wasn't caused by anything he did and offered to solve it for free as long as they provided materials but they refused.
I know what this sounds like, he is at fault and a cowboy but this is not the case at all. Please I don't want any sarcastic answers just advice on what we can do. You hear of people being ripped off by builders but what happens when customers take innocent builders for a ride?
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If your husband has nothing to hide then I would do nothing and wait for them to make the next move.
Ask her for written evidence /reports from the builders who have apparantly inspected it - if she can't provide this then ignore her.
I'd get him to take the letter to Citizens Advice and see what they say. Don't waste time worrying about it, act quickly and nip this in the bud. Good luck
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Question Author
thanks for the support! My hubby has just explained everything to me and basically the job could have been 'improved' but she insisted on keeping costs down and refused to pay any more money for the necessary materials so he was forced to cut some corners.
He has since offered to put the minor problems right for free as long as they pay for materials but they have refused. We will be sending a letter back to them explaining all this so hopefully it will turn out OK. I'm still sh*tting myself though cos we have no money whatsoever and the threat of someone taking you to court is scary!
Maybe from now on if he agrees something with someone just make sure its documented and they sign it so nothing can come back on him like this. Good luck.
Was the �400 for the reports or the work your husband did?

Anyway, ask for a copy of the report and offer to put right what IS your fault and point out the things that aren't you responcibility. Have you the specifications for the garage? did she give him a plan? and did he give a written quote that you can refer to?

As for the paving, when was it done? Has her mother complained? or is her mother not in her right mind and she has the right to persue you for this?

As has been stated she may be trying it on but you have to be prepared for her to carry it forward. If she has sent this letter recorded delivery she has obviously got some sort of advice.
sorry to hear of your woes tigwig. my advice to you would be a) take te advice above and b) cnsidering your other problem before, stop doing work for family/friends
oh, and in subsequent jobs get eveything written down - ie if the erson is saying they wont pay for better/needed materials get it written
sorry, last one! and also start saving money NOW in case you have to pay her back later in court
Personally I too would ignore it for the time being. You will probably hear nothing further because if these people are trying it on they won't be prepared to spend money on solicitors, etc.

In fact, I totally agree with what most others on here are saying, especially In a Pickle.

Beware of putting anything in writing regarding work done as it would be evidence in court. Ignore her letter completely and let her start proceedings, then take advice from CAB.

OH has followed her instructions, used his time & expertise, she paid.....end of story!
Question Author
Hi again just re read all the answers. So we were going to reply explaining everything to her as we think mum is a little confused and is making it sound worse than it is to her daughter.
Are you saying we should not respond at all?
My hubby says all that needs doing is cosmetic work there is definitely nothing wrong structurally at all. I'm just worried if it does go to court what if we lose?
I don't know what happens because nothing like this has ever happened to us.
Don't put anything at all in writing and ignore it - difficult I know. Try not to worry. I doubt if you will hear anything further.
Many good points from the people above.
One other to add - I'm pretty sure Trading Standards won't be the slightest bit interested. They tend to work off multiple complaints from several jobs about the same person. They know as well as anyone that there's alway one disgruntled customer somewhere.
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Yeah the more I think about it I think your right. I'm not going to send the letter but I will try and speak to someone at the CAB and see what they suggest.
I think she is trying it on. My hubby says they have done this before to other tradsemen and they just want everything for free.
The problem is though he hasn't made the garage roof as good as it should have been because she refused to give him any more money for materials and insisted on her son making the roof trusses so she didn't have to buy them and there wasn't enough. There isn't anything structurally wrong at all its just cosmetic and it was her fault. But if this goes to court how do we prove that she didn't give him enough money? Won't they just see it that the job wasn't done properly?
By the way they don't even have a quote or anything written down about it because she changed her mind that much the quote was done 3 times and hubby never ended up giving her a copy of the final one just told her a price then she picked the most expensive doors etc that weren't budgeted for so the money ran out.
hiya tw, i'm sorry to have to say this but if your husband is going to continue to work self employed, he is going to have to become a lot more professional about his attitude, to avoid situations like this. he is just asking for it if he carries on in this slipshod manner. i dont mean the quality of his work, more the quote and estimate side of things. he never even gave her a properly worked out quote, how is he to prove heis not just ripping her off, or making figures up out of thin air? if he had have done a quote for the other job he had problems with, that situation wouldn't have arisen either. i have never had a builder do work for me where i havent had a written quote, and supplemental quotes if i have asked for a variation. It just makes sense really. Sorry to be so blunt but if he had been more professional about it, you would have been in a much more defendable position now. as it is he can't prove any of these things you are saying
Your husband should have the following wording on all invoices he sends to customers.
1. All materials remain the property of (husbands name) until paid for.
2. Payment of this invoice to be made within x days of receipt.

If he has wording no. 1 on his invoice he can send a reminder, highlighting that sentence.
I suspect this customer is trying it on and the thought that your husband may suddenly turn up to dismantle the garage might make her change her mind.

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