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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48474
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Apologies as Im not sure if you can help me......I am asking

Customer Question

Apologies as I'm not sure if you can help me......I am asking for advice on behalf of someone else.....basically the person I am requesting advice for is a sub contractor (CIS) he was working for a company and this company used another firm to pay him every 2 weeks, well on one occasion he was sent to his bosses fathers house to complete some works in his bathroom, he was given a product to put on the walls. He explained to his boss that he had never used the product before- he also doesn't know how old the product was and how lon he'd had it.

He received a phone call the next day which was a Saturday, from his boss explaining that the product has bubbled on the walls and would need to be re done. He said to his boss that he would go back the following week to see what the problem was and remedy it if required....however his boss went ahead and pulled the product off the wall and got another contractor to re-do it (not sure if the same product was used)

Basically he was not given the opportunity to see the issue or try and remedy, and now his boss has deducted in total £700 from his payments allegedly for rework and materials....now there has been no confirmation in writing about how the £700 has been calculated and he was not given the opportunity to even see what or if there was a problem or if the work was defective.

My question is....can his boss just take money from him without some sort of agreement or at least a notice confirming how he has come to £700?

Many thanks
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.

In such circumstances the customer should have allowed him to remedy the work, unless there were serious concerns about the safety of the work already undertaken or the remedial work was needed urgently so that getting someone else to do it would have been justified. I cannot see any direct evidence that this was the case so the customer should not have just gone ahead and engaged someone else to remedy the work, charging your friend for this work in the process.

In any event, he would be entitled to be provided with details of how these figures were calculated and why the deductions were made.

At this stage his rights would be as follows:

If there is a problem with recovering money that a party believes is legally due to them, they have the option of pursuing this as a legal debt. The following steps should be followed:

  1. Reminder letter – if no informal reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.
  2. Letter before action – if informal reminders have been sent but these have been unanswered, the other side needs to be sent a formal letter (preferably by recorded delivery) asking them to pay the money they owe within a specified period of time, for example 14 days. They should be advised that if they fail to do pay, legal proceedings will be commenced to recover the money owed. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action, which should be a last resort. It is therefore essential that it is sent.
  3. If they fail to pay as requested or do not make contact to at least try and come to some form of arrangement, this matter can be taken to the next stage and formal legal proceedings can commence. If this is just about an attempt to recover money the claim can be submitted online by going to www.moneyclaim.gov.uk. There will be a court fee to pay depending on the amount to be recovered (this is usually refundable if the claim is successful) but at least this will kick-start the legal process and hopefully prompt the other side into resolving this without the need to go to a formal court hearing.

It is also strongly advisable to keep copies of all correspondence in relation to this, in case it is needed at a later stage.