Who Do I Sue ?

[CW1]

Hi,

Got in a touch with a plumber early April - call him JJ Plumbing - who sent round another plumber - call him XY Plumbing - to fit a new shower pump. I paid XY's company once it was done (altho' apparently JJ's company ordered the pump (& presumably paid for it), nothing to do with me).

Yesterday I was told there's a leak in a room next to the bathroom, which sounded very much like a problem with the pump (had it happen before, tho' that took years to come to light, not weeks !). Got in touch with XY as he'd fitted it, asked if he could check it out. He said he didn't work for JJ any more but when I asked could he still go round, he said I should contact JJ otherwise he'd be charging me a callout fee. I said he had the guarantee as he'd fitted it, surely his work was guaranteed for more than 26 days, & I'd paid his company, should he not visit.

Was a long [text] conversation, gist being XY told me he wasn't fully qualified (but is the only director of his company & listed as "a plumber") & I should get JJ round even tho' he's based miles away. I contacted JJ. He said he "sacked" XY & is actually suing him for money that he's owed from several other jobs that "went wrong" after XY visited.

In the end JJ did fix it as he said it wasn't my fault. There's water damage to a ceiling below & some units. JJ tells me I need to sue XY as it was his negligence that caused the leak (just didn't put a washer in the shower hose, let alone check it running for any time which would've showed it leaking). JJ has 5 or 6 other customers complaining about XY's work too.

I'm prepared to start a claim in the small claims court, but I think it should be against XY as he was the one negligent. I wouldn't have known about his qualifications, or lack of. My other 'alf thinks it should be against JJ as he sent XY knowing he wasn't fully qualified even tho' he's a director of his own company.

[Tuvok]

Did you pay by credit card?

If so, contact them as you may have protection/recourse through them.

[Peter Pedant]

writeoff your loss and get someone else to do it

[CW1]

Bank transfer, Tuvok.

That wasn't the question, Peter.

[Hopkirk]

Peter's right. Put it down to experience and move on.

You're just going to end up with legal bills and no redress.

[CW1]

Like I said, that wasn't the question.

Haven't done anything yet ... :)

[newmodarmy]

If your question is should your small claims court be against Jj or xy I think pp's answer of 'neither' does answer your question and may be the right one unless you're prepared for the chance you may not succeed in recovery.

[Peter Pedant]

That wasn't the question, Peter.

yeah but you not gonna, is oyu?

Your contract is with X ( I cant work out who) the fella you paid. You sue them under contract . The worker what did it is an agent and is no concern of yours ( he has not contract c you and probably doesnt owe a duty of care to do the job properly which he does with his employer-  - - but  that as you say is not the q)

and suing anyone ( real world) strikes me as a REALLY bad idea

[Peter Pedant]

You paid XY

[Skyline D]

The goalposts have moved during this trail. It started with "I contacted JJ and he sent round XY" and it's now apparently, "JJ said he couldn't do it quickly enough, suggested XY and sent me his phone number".

These are very different. The former suggests the contract was with JJ but subsequent information suggests it was actually with XY and all JJ is guilty of is giving a bad recommendation. He's felt guilty enough about this to come round and fix the problem. I'm no lawyer but if the OP phoned XY and arranged the job with him and paid him then any contract is surely with XY.

[CW1]

Skyline, you're absolutely right, there is some ambiguity there. I've been trying to remember exactly how it happened, & I can't ! Have an extraordinary number of things going on at the moment, my head's spinning with it all. My excuse 😣

 

Looking back thru' my phone history, I didn't contact XY 'til after the pump had been fitted, so JJ must've arranged the visit. XY was s'posed to be going round about 12pm, & when I didn't hear anything by 3pm, it was JJ I contacted to see if there was a problem, not XY. Then XY rang me but we didn't connect (he later said there was a problem with his phone), I sent him a text (must've got the number from the call), & he replied, with his payment details. So JJ couldn't have given me his number. I stand corrected. So seems barry1010 was right in the very 1st answer ! *doh* 

[CW1]

I still think the least I should do is report XY to [would it be] APHC, continuing to work as a plumber when he's not qualified (& sole director of his own company). Doesn't seem right that any other company that might put work his way is liable if (when) anything goes wrong.

[THECORBYLOON]

I'm not aware that someone needs any specific qualifications in order to be called a plumber but I am willing to be corrected.