Not paying for a job

[Radioman]

Unfortunately You have no physical proof that he has received it only your word that it was put through the door. I am not at all surprised at his lack of response. We have had court cases where the debtor has not turned up to defend his case. What I would do is wait out the 10 days, then on day 11 send him a letter, recorded delivery, stating that in accordance with your offer dated xx copy included, his lack of response means that he accepts your offer in Full and Final Settlement, and you will now proceed to engage contractors to carry out rectification.
My guess is that he is glad to was his hands of it. In my opinion he's got off lightly as similar cases have actually bankrupted self employed trades with no liability insurance. I take it he had no insurance? If he had you could have claimed the job plus damages.
Next time make sure you get trades with insurance and if in doubt there is always https://www.suffolk.gov.uk/communit...-consumers/what-is-the-suffolk-trader-scheme/

 

[TripleD]

Unfortunately You have no physical proof that he has received it only your word that it was put through the door. I am not at all surprised at his lack of response. We have had court cases where the debtor has not turned up to defend his case. What I would do is wait out the 10 days, then on day 11 send him a letter, recorded delivery, stating that in accordance with your offer dated xx copy included, his lack of response means that he accepts your offer in Full and Final Settlement, and you will now proceed to engage contractors to carry out rectification.
My guess is that he is glad to was his hands of it. In my opinion he's got off lightly as similar cases have actually bankrupted self employed trades with no liability insurance. I take it he had no insurance? If he had you could have claimed the job plus damages.
Next time make sure you get trades with insurance and if in doubt there is always https://www.suffolk.gov.uk/communit...-consumers/what-is-the-suffolk-trader-scheme/

Much appreciated, I will follow up as you suggested with Recorded delivery, makes sense.
As for insurance, I've not seen anything, he's not responded at the request, I would assume not.

 

[Radioman]

Next time, next time!

 

[joni os]

Sending first class post with proof of posting will suffice. Court will assume letter delivered in normal postal times, and signature not required.
This is not Tort it is contract law. Without prejudice is a device by which parties can negotiate a settlement without compromising their position should the case go to court. For example:- an offer of £*** without prejudice, will be ignored, whereas the same offer in open correspondence could be seen as an admission.

 

[Radioman]

Not what you originally said, but never mind. A Tort is the action by which you claim damages in a civil action. The damage may be physical, mental or financial, to person or property. Typically recompense for the damage done to this persons property by this tradesmen.

 

[joni os]

Contact Law includes a duty of care, and also a duty to warn, " Lindenberg - Canning 1992".
Negligence in this case is less clear if neither party was aware of the stramit.

 

[Ray Stafford]

I would do is wait out the 10 days, then on day 11 send him a letter, recorded delivery, stating that in accordance with your offer dated xx copy included, his lack of response means that he accepts your offer in Full and Final Settlement,

That won't stand up Radioman. Felthouse vs Bindley, 1862.

 

[newcastle phill]

That won't stand up Radioman. Felthouse vs Bindley, 1862.

A man of many talents mr stafford.
A repository of useful information

 

[Riley]

Wow Ray, a legal calling has been missed

 

[newcastle phill]

Sales reps know every trick in the book lol

More knowlege than a barrister.
More tricks than a used car salesman.
And when things get nasty 'get to the chopper'

 

[Ray Stafford]

Contact Law includes a duty of care, and also a duty to warn, " Lindenberg - Canning 1992".
Negligence in this case is less clear if neither party was aware of the stramit.

Useful case, thanks joni os

 

[Best]

I don't think if photographic evidence of the work together with evidence of repeat attempts of repairs plus all contact letters and lack of response from the installer was all put in front of a small claims court county judge, there would be any chance of having to pay the installer.
Judge would only rule the materials that are useable should be paid for.
All labour completed must be paid for by law, but not if workmanship very shoddy.
I wouldn't worry in the slightest if I was the OP. Just be careful to gather evidence and show in all correspondence that you are trying your best to be fair and reasonable and resolve it.
You don't need a solicitor if you are a sensible person and behave in a decent way, but you could stay with free advice or small fee from solicitors where you can get it.
I should add that it would be advisable to have expert witnesses if it goes to court, - qualified plumber, tiler, builder, etc. Really shoddy looking work will be obvious to a judge, but some alleged bad workmanship may not be accepted by the customers word only, unless a person qualified in that job can give expert opinion of what exactly is wrong.

 

[stevetheplumber]

thanks for updating please let us the final outcome

 

[Phil]

I don't have time to read all this again but I think the plumber has just written off the money you owe him, from his point of view he's probably happy to get you off his back.

 

[WaterTight]

He's out for £3k in silicone.

 

[tommy1712]

Where exactly is it leaking from surely you must be able to find it

 

[Dan]

Don't mind me while I reply to a few of the threads. We need the new thread pages to be picked up correctly. If this thread isn't current, just visit the plumbing forum and post your own new thread or checkout the other existing threads.