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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I paid a tradesman in cash for work that I have issues with,

Resolved Question:

I paid a tradesman in cash for work that I have issues with, He is now professing that I didn't pay him and is demanding that I pay him again in order for him to return to do the job correctly that I have already paid him to do. Do I have any recourse?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How much did you pay?
Did you draw it from your account that day?
Customer: replied 2 years ago.

The arrangement was that I would purchase the necessary materials and I would pay him for labour. Part way through the project I paid him for the labour up to that point which was just over a thousand pounds. The job then continued but it was not finished and there were many issues, so I was not going to pay the final labour charge (a further £700) until everything was resolved but he is now saying that I have paid him nothing at all and he will wipe out my "debt" so that I can use the money to go and get somebody else to sort out the mess he has left me with.

Expert:  Jo C. replied 2 years ago.
Ok.
So how much did you pay?
Did you draw it from your account that day?
Customer: replied 2 years ago.

I paid a £1000 in respect of labour plus about £150 in respect of a few materials that he had purchased - a couple of light fittings, cables etc whereas I had purchased the fittings - shower unit, shower cubicle, toilet sink cabinets etc.

I withdrew the money from my account and he collected it within a couple of days - he was supposed to collect it that day but he didn't turn up.

Expert:  Jo C. replied 2 years ago.
Thanks.
It is obviously always difficult to prove that you made a payment when you have paid in cash. However, if you can show that you made withdrawals from your account in cash then a court probably would accept that payment was made. At the small claims court you only have to show that its more likely than not that you made a payment and people do not usually make large cash withdrawals.
If he refuses to return though then you cannot hold a gun to his head until he does so! The way forward then is to instruct another to complete and sue the first builder for the additional cost in doing so.
It is a good idea to warn him of your intention to do that before you act though. Then he cannot deny being given notice.
Also, if you write to him making reference to the payments you made and he doesn't respond denying them then that suggests that he did receive them.
Can I clarify anything for you?
Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69994
Experience: Over 5 years in practice
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