small claims court

[lululou]

hi we recently had a friend take a look at our boiler as it wasnt running right (she is a corgy registered plumber) the job was to be cash in hand and to be fitted in whenever she had time, it has taken 2 months & she has replaced old parts with new & still no joy in fixing the problem. Her bill of 700pound was a bit of a shock so we took the decision to pay for the parts which was 310 and pay her 160 for her time, she now wishes to make out a full bill and take us to court, can she do this? and what are the chances that small claims will take it on?
Thanks

[voltr4m4x]

It all really depends on what you had agreed with the plumber before the work began. Presumably you had agreed nothing in writing so you have only each other's words to reply on. You clearly accept that the copst for the parts supplied are fair and reasonable and you have ineed paid the sum of �310 in that regard. The main dispute therefore seems to be over the payment for the time spent by the plumber in attempting to fix the problem.

Now... the question arises: if the problem with your boiler had been fixed to your satisfaction would you have paid the full �700 expected of you ? That seems to be the point at issue, because, as the problem was not fixed you decided that only part payment should be made for the plumber's services.

In the circumstances, I have to conclude that you are onto a "loser" and you should make payment as demanded by plumber. The alternative would be a court hearing which inevitably involves you in extra costs.

[buildersmate]

Yes, I reckon I agree with Volt but would explain it a different way. If you agreed with her to fix the boiler at a cost of �700 you could have cause to complain. By paying for the parts separately, you seem to have tacitly agreed to pay on a materials and labout basis - irrespective of the outcome of the job. This is the most dangerous way of employing a tradesman/woman (from the point of view of certainty of outcome at a known price). The only point of negotiation appears to be the rate per hour and the number of hours.

[gelda]

�700 seems a bit steep for repairing a boiler, I recently had a brand new combi boiler fitted for just over �700.

[Info Bank]

Can i ask if this was her doing a job on the side ....Maybe saying to her if i contacted Her in her full time job would this have costed the same????
Would your employer aprove of you Ripping friends off be Okay with them.

[lululou]

yeah she was doing the job on the side between jobs & evenings. over 2 months she worked around 13 hrs, 20mins here an hr there and she charged us 30 pound an hr. i have recently found out that 30 pound an hr is the average price anyway, and shes charged us that for a cash in hand on the side job, and our boiler is in the same state as when she started but with a few new parts.

[Barmaid]

What exactly was the agreement for? You asked her to fix your boiler presumably. Boiler not fixed. Therefore, breach of contract. I would counterclaim for the cost of putting the boiler right (which means you will require quotes from a corgi registered firm to put in evidence).

I would be inclined to get a quote and then write her a "letter before action". Ideally she will put up and shut up at this point and you can spend the rest of the money on having the boiler fixed.

As for the chances of "small claims" taking this on. If she issues and serves valid proceedings, they have no choice!!

[RevFunk]

What exists in writing between the two of you?

if it was all verbal then you have nothing to worry about