help please, self employed needs paying our rights

[gardendoctor]

My partner has been working now on a job for about 8 days builing a raised patio,brick planter,shed base,erecting a shed,wooden posts so on. On the last day he was slabbing the raised brick patio area and the customer said there was a few slabs not level so he agreed that the next day he would lift them and relay but he had an appointment in the afternoon so would be up in the morning. When he got there they had a so called landscaper and the son inlaw walking all over saying this & that is uneven and to be fair it was ,as it was still wet with the weather and they were walking over it and stamping on it, it should be left 3-7 days to dry. so my parnter lifted the patio & said he had to go but would be back in the morning to relay. But when he got there the next morning the couple said they wanted him off the job and have refused to pay. All materials were paid as deposit but no labour the couple were delighted with the design the quote and all work right up to the last day. The so called landscaper that was there a family friend of theres said there was nothing wrong with the brick work the patio just needed relaying and my partner knew that and was going to relay at his own cost of materials. We have wrote to them offering a discount on labour and they have not responded . My partner phoned them and they said that they are not dealing with him and that we would hear from trading standards. what really can trading standards do if all work is correct they have an invoice but no contract as such but does state thats materials paid and labour to be paid on completion but they would not let my partner complete the job. Where do we stand.

[Hawkwalk]

http://www.roguecustomer.com/

contact these people

[kira000]

If your partner is absolutely sure they have no grounds for their behaviour, then he could try a letter to them calmly laying out his side, highlighting the amount he feels is owed and why he thinks their point of view is incorrect. He probably also ought to again make the offer to come and finish the job, to demonstrate reasonableness.

Give them a timescale for responding, and state that regardless of whether they wish him to come back and complete, he expects to be paid by X date, and if he hasnt been paid by then, he will go to the small claims court.

If they are just trying to be a fast one, then that make scare them into resolution.

[kira000]

In addition, its worth putting in the detail about what proportion of the work is being queried- if the patio is the only item they are unhappy with, and that was 1/3 of the work, he would be reasonable to work out what that proportion of the cost that equates to, and just charge for the other 2/3.

|I suspect a court would find it unreasonable to withhold payment for a whole job, if there is only one element that is (alledgedly) not to standard.

[sandmaster]

This is a common scam. I would write by recorded delivery giving them 14 days to pay, failing which take action through the county court. Forms can be completed on line and fee is low.

[gardendoctor]

Thanks for advise I think I will write to them. The job was great every day they were out saying how great it was. My partner has never had this problem with any work.The son inlaw and so called landscaper were walking all over it they should of known better. But my partner was still willing to correct it. I wrote a letter and hand delivered it the same day they asked him to leave and they had someone in the garden finishing the patio.

[themas]

Make sure you send your letter by recorded delivery and keep a copy.

Also, did your partner tell the client the patio should not be walked on for several days? If so, put that in the letter as part of the reason why it was not level.

[tigwig]

Can't really offer any further advice but you have my sympathy! My hubby is a self employed bricklayer and he did some work and when the money ran out, due to the stupid woman demanding really expensive things which wern't quoted for,he wasn't given anymore and therefore the job wasn't finished to a really high standard like it normally would be. We have had threatning letters from her but sent one back saying why we were right and as yet haven't heard anything else! I think builders get a rough deal just like some customers do but its usually the builder that ends up being called a cow boy not the other way round and I think the bad customers that cause problems should be! Good luck with your case anyway don't let them take you for a ride.