If he's stated in writing that he didn't ask you to rectify the problem you should be off the hook surely?
As stated above he has to give you the opportunity to remedy the situation.
What are the legalities of this scenario?
- Thread starter grrinc
- Start date
If he's stated in writing that he didn't ask you to rectify the problem you should be off the hook surely?
As stated above he has to give you the opportunity to remedy the situation.
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Actually, I'm glad he has put this in writing - I feared he would deny it. Further more, I offered to remedy it which I think goes a bit further than waiting for him to ask me.
tonybhoy - I have heard similar stories of tradesmen being stitched up in court. At this stage it appears he is reluctant to get third parties involved. I am guessing he probably knows he is being unreasonable. I think I will fight my stance for now and see where it goes.
He'll probably try to use the small claims court if he decides to pursue it, so it may be wise to invest a little time researching the small claims procedure. It may not even go to court when you file a defence. I personally wouldn't bother with a solicitor, win or lose they always come out on top.
Good luck, hope you win.
Good luck, hope you win.
No he doesn't,this is a myth.
His house he can do what he wants.If he doesn't like the way you drink your tea he can tell you to GTF and get someone else in to finish the work and you pay.
Onus is on you to defend the case he doesn't have to prove a thing.
A customer (sic) could say to you that you owe them X and take you to court for it you have to either pay the X or attempt to defend the action.
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Update........
I have contacted Trading Standards ( Consumer Direct is the new name ) and it has proven to be quite useful. First off, they have confirmed that the customer would have to of given me an oppotunity to rectify, it's a pretty standard thing to do. Also, contacting and asking Trading Standards for advise is looked upon favourably ( I have reference number for proof ).
Also again, the customer seems to be taking advise from the original drain firm. It turns out they pressure jetted it 4 times ( after I rodded it 2 times ) before suggesting a CCTV survey. My old foreman from the drain company I worked for has said these guys have been taking the mick. They should of suggested a CCTV survey a lot sooner rather than taking £90 a pop for each session. These are the same guys who pushed for the dig up job.
Thought you may be interested. Thanks for listening.
I have contacted Trading Standards ( Consumer Direct is the new name ) and it has proven to be quite useful. First off, they have confirmed that the customer would have to of given me an oppotunity to rectify, it's a pretty standard thing to do. Also, contacting and asking Trading Standards for advise is looked upon favourably ( I have reference number for proof ).
Also again, the customer seems to be taking advise from the original drain firm. It turns out they pressure jetted it 4 times ( after I rodded it 2 times ) before suggesting a CCTV survey. My old foreman from the drain company I worked for has said these guys have been taking the mick. They should of suggested a CCTV survey a lot sooner rather than taking £90 a pop for each session. These are the same guys who pushed for the dig up job.
Thought you may be interested. Thanks for listening.
Stick to your guns mate 
Get hold of a local solicitor that gives a free half hour consultation. There are plenty doing this these days. Might give you a few pointers as to whether you can successfully defend it or not.
Good luck and keep us posted
Good luck and keep us posted
How did the customer pay you??
If they payed by credit card then they have legal cover with it
If they payed by cheque or cash then dont worry and fight it
If they payed by credit card then they have legal cover with it
If they payed by cheque or cash then dont worry and fight it
How did the customer pay you??
If they payed by credit card then they have legal cover with it
If they payed by cheque or cash then dont worry and fight it
It was cash thank God. Thanks for that info, it was quite interesting.
How did the customer pay you??
If they payed by credit card then they have legal cover with it
If they payed by cheque or cash then dont worry and fight it
It was cash thank God. Thanks for that info, it was quite interesting.
My ex boss (the ****) got caught this way and was out of pocket by about 10k !!
Keep us informed buddy
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