Am I going to be sued ?

[Matmu1969]

Cheers Matmu.
The quote she sent me for 'remedial' work was a complete redorate.....everything !! She has said that the decorators she had in said the only course of remedial work was to strip and start again. Whether that's true or not I don't know.!!! So my case is ....'the hall was okayed by you and you paid me. I came back two wees later and did the lounge. You paid me. I came back two days later and repainted where cat had walked on window sill. End of story.....NO !!! Four weeks later you call me back.....EVERYTHING is wrong apparently '
Matmu if there's any justice in our legal system I surely can't lose ??? Could the judge suggest I give her part of her money back ?

Sounds like she has just changed her mind about the decor! If there is nothing wrong with it and she wants it done again then she must pay again. She's trying to get something for nowt.

The judge will ask for evidence of the apparent substandard work for which she was happy with and paid you. If there is nothing wrong with the work, she has no case, the judge will throw it out and she will have to foot the bill.

You went back twice and she nevwer said she wasn't happy about it, the law is on your side. Do you have a copy of the quote and why the "remedial" work is needed, ie paper peeling, paint discolouring etc...can't think of anything else that would require a complete redo. She is pullimng a fast onje, call her bluff, write to her and say that you will no longer discuss the issues with her either in person or in writing, and that you will see this matter resolved only in court and await a summons in due course!

 

[mkb]

Matmo...Got a copy of the quote. It doesn't state there's a propblem with my work...it's not a 'report' just a standard run of the mill quote for the work to be done. I'm sure eventually somebody will advise her to get a report from some governing body of some kind if she wants to pursue it in court. In the meantime what other damage will she or her cat cause ??

 

[Matmu1969]

Matmo...Got a copy of the quote. It doesn't state there's a propblem with my work...it's not a 'report' just a standard run of the mill quote for the work to be done. I'm sure eventually somebody will advise her to get a report from some governing body of some kind if she wants to pursue it in court. In the meantime what other damage will she or her cat cause ??

prima facie she has no case, hold your nerve! i reckon she will break before it gets to court. Be willing to go to court, its the only way you're gonna get peace of mind and for her to well and truly do one!

 

[mkb]

Cheers. will see what happens next. Obviously keep you posted

 

[gregers]

i wonder if you would be awarded costs,i:e defamation of character,costs for the extra work etc and things like that just to rub even more salt in her wounds?

 

[Bahco]

Cheers. will see what happens next. Obviously keep you posted

Don't be the victim !

 

[Matmu1969]

i wonder if you would be awarded costs,i:e defamation of character,costs for the extra work etc and things like that just to rub even more salt in her wounds?

Nah, wouldnt even go there, not quantifiable enough...she has only complained about mkb to mkb, taking someone to court is not defamatory!

Just stick to the facts, you did a job to the agreed spec and she paid you for that job showing, de facto, that she was satisfied with the work!

Don't make these things personal, stay focussed and professional!

Any extra work carried out by mkb for this conwoman free of charge will only go in his favour. If you win, and I have no doubt you will, then slap her with a bill for extra work safe in the knowledge that her claim for "remedial" work was groundless! If she refuses to pay, take HER to court for outstanding moneys for legitimate work carried out at her request!

 

[gregers]

ok i understand to a point,

but how on earth can you say 'dont make it personell'???

iirc she the P.I.A customer has obtained a so called estimate/quote from another decorator WHICH IN MY MIND she has no doubt slagged off the O.P to,and we all know how traders will chat to 1 another so in turn has the O.P now have to rebuild his reputation again.

as we all know it takes years to obtain a good working name and 5 minutes to lose it.

this is of course just my opinion.and as usual i could just be talking out of my arris again

 

[mkb]

Gregers understand what you mean about loss of reputation etc., but as matmu says I have to stick to the facts and not get personal ESPECIALLY in the courtroom ! I have, as matmu ( who has experience in these matters ) says be professional. Hope I don't bottle it worrying that I could end up with a bill for £2000+ inc paper !!

 

[Bahco]

MKB

How long have you been self employed

 

[Matmu1969]

ok i understand to a point,

but how on earth can you say 'dont make it personell'???

iirc she the P.I.A customer has obtained a so called estimate/quote from another decorator WHICH IN MY MIND she has no doubt slagged off the O.P to,and we all know how traders will chat to 1 another so in turn has the O.P now have to rebuild his reputation again.

as we all know it takes years to obtain a good working name and 5 minutes to lose it.

this is of course just my opinion.and as usual i could just be talking out of my arris again

You're spot on in principle, but when you get personal in court, you get emotional and when you get emotional, you risk losing your grip on fact and rely on how it makes you feel, which in legal terms isn't relevant!

In terms of rep, I would say that it is her rep that will probably be affected here, no doubt mkb will not be the last fast one she tries to pull.

 

[mkb]

bahco...How long have I been self emplyed ??? I get the feeling you're going to give me a telling off again......Full time paintin / dec bout ten years....

 

[Matmu1969]

bahco...How long have I been self emplyed ??? I get the feeling you're going to give me a telling off again......Full time paintin / dec bout ten years....

I think bahco is probably assessing rep damage if any, based on satisfied customers!

 

[dfaz]

We have been to court a few times for and against,the judge has a good feel for whats going on and we were advised by a judge to make sure our terms and conditions were up to speed,this has saved us a few times.

They wont allow a counterclaim for more than the original invoice and that would ring alarm bells with the judge anyway.

If you do go to court then keep it short and sweet tell them the facts, when you attended, quote accepted spec of the quote all work done to spec. Also extras how you bent over backwards to rectify even the cats footprints at no extra cost,you have been more than reasonable.as long as you have confidence in your workmanship and you advised her that it would require lining paper(make a note that you did its your word against hers)

Call her bluff but let her know that when the judge finds in your favour you will have no option to claim for you expenses and list them day off work loss of earnings etc etc

I've taken two solicitors to court for non payment soon as they got the court papers money arrived,don't let them bully you or intimidate you they are only human.

good luck

Dave

 

[mkb]

Cheers Dave. Thanks for advice. You took two solicitors to court ? You obviously don't accept being messed about mate. Have not heard from her since I sent her my last letter 2 weeks ago. Friends have said I've called her bluff....she's backed off.....I don't think so, I'm expecting a court summons any time now...you get a feeling for people when you work for them and I'd be surprised if this is the end....will keep you posted. As for my terms and conditions I haven't got any as such...just a basic estimate. 'Strip existing wallcovering and re-paper. Undercoat and gloss to woodwork etc., Am I up the creek Dave ?