Am I going to be sued ?

[mkb]

Well, went round last night. Took a friend with me with camera. She wouldn't allow him in !! Fair enough I said..it's your house. She'd got my reply to her letter in the morning. Anyway she gave me a snagging list...actually 3 pages of A4 with 197 snags on it !!!
I kept my patience, read it walked round with her as she pointed them out ( including where the cat had scratched the paper at the bottom ) and the conclusion is...........................SHE'S NUTTY AS A FRUITCAKE ! Now whether a judge would accept my diagnosis I don't know.
Anyway believe it or not I looked at the job and I believe I'd done a good competent job. So how can I say that if she's given me such a snagging list ? There were a couple of things that I held my hands up and said ok, fair enough, such as a piece of skirting that I'd not painted. But everything else...absolutely ridiculous. I pointed out that it was an old house with wonky cornices and poor walls, and 'you can't make a silk purse out of a sow's ear'
I could go back and touch bits up but whether she'd be happy ? Don't think so. So as I left I told her I'd look again at her list and write to her...I didn't commit myself whilst there.
So there we go...what's everyone's thoughts now ?

 

[Bahco]

WHY ARE YOU PLAYING HER GAME

You have been advised not to enter into any more negotiations with her. Can I deduce that you are just starting out and am still finding your way as it looks that way or maybe you are TOO nice!

No more now and let her take it to court where you will have plenty of supporting evidence to back you up!

 

[mkb]

Bahco... So no more negotiating with her ? Let her take me to court ? I will have plenty of supporting evidence ? Presumably you mean evidence as in the judge believes my story completely and not hers and I win the case .......easy peasy....I don't think. What's that famous old saying.....The Law Is An Ass ?
Advice this morning seems to be phone her followed by a letter and tell her I'll correct couple of problems I admit to. Even a few things she not happy with which I say are as a result of it being old property that she didn't want lining ( cost issue ) Or as Joe 90 said ignore her......Bet that will enhance my reputation which is bad in her eyes anyway.

 

[HERTS P&D]

Advise her that you will go round and put any work right that you see fit is wrong, tell her that there will be two of you coming. You and your mate, he can be your witness. As for the lining of the walls that she didn't want to pay for, she can go and jump.!

If she refuses this then, do nothing. Let her take you to court. You have been round and offered to go round and put any work right.

PS I told you to take a female with you. You could of said she was one of your female decorators.

Andy

 

[Bahco]

You seem a real nice guy and have gone way beyond the call of duty. The judge will not just side with the client............he will look at all the factors including
1) your attempts to put right snagging
2) the fact that for 4 weeks you did not hear from the lady
3) the fact that you were paid at the end of the job indicating satisfaction
4)references from many satisfied customers.

I'm sure you can add more points to this list. Of course you will remind the lady that you will be attending the court in person to defend yourself vigourously and that you will be claiming "reasonable"expenses plus loss of earnings etc.

I'm sure the judge will see through this shameless attempt to extort money from an honest tradesman

 

[mkb]

Andy...you did indeed advise me it might be better to take a female with me and Bahco.....your both right. Will tell her what I'm prepared to rectify and then the balls in her court...If she wont accept it then as they say in Russia ' Toughski ****ski !!'
Cheers all.

 

[1john]

Or, tell her you are happy to put the certain things right that you accept, tell her why she isnt happy with the other things like old wonky cornice and no lining paper, also tell her that you will fully expect payment for the additional work that the cat caused you to have to do, this must be paid BEFORE any snagging happens. You cant be responsible for a customers cat, she should have kept it out of the rooms.

This will be enough to call her bluff, she wont want to pay you any more money and she won't want you back in her house i suspect. I would give you a quid if she actually took you to court.

 

[mkb]

Cheers 1John. Not a bad idea actually re charging her for 'catdamage.' Now you mention it I suppose I could say I can do this, this and this but if you want me to do this you will incur a further charge....might make her think....oh sod it. think the process for her taking me to court would initially involve her getting a report from some trade body anyway......
Still, all goes to experience for me anyway.

 

[masona]

Have to been down to CAB yet? You will feel a lot better knowing your rights,

 

[mkb]

masona,
Am going to a local solicitor under their free legal advice clinic scheme 30 mins. CAB seem to put you in touch with them anyway.

 

[expertgasman]

masona,
Am going to a local solicitor under their free legal advice clinic scheme 30 mins. CAB seem to put you in touch with them anyway.

Io't think the CAB will help business, just consumers. Good luck with the free 30 mins, but be prepared, and don't let him waste 10 mins on nicities. lol.

We are members of the SBF, and one benefit is free legal advice over the phone, but a lot of people have this with their PLI, without realising it!

 

[markfxy]

Whenever I get called back to a job by a fussy customer I always leave my glasses at home, That way everything looks great.

 

[mkb]

Just a quick update.
Have received a letter from the local Trading Standards people telling me that the customer is not happy with my work and to contact her within seven days. So I think she'll go the whole hog to be honest. wrote to her again asking for a copy of this estimate to do remedial work as a result of my 'poor workmanship' Am still waiting for it. Will keep ypu posted as my experience in this case, however far it goes, may be of benefit to others in the future.

 

[HERTS P&D]

Copy trading standards in with all paper work, that way they can see how unreasonable she is being. Or offer to go round again WITH trading stanards.

Andy

 

[Bahco]

My advice has fallen on deaf ears!

Trading standards won't want to know either. Also the standard "Letter before Action" you have received is not worth a fig and is intended only to scare you.

Go to court and stick up for yourself you wimp!