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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3655
Experience:  Solicitors 2 years plus PQE
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We are a plumbing company working

Customer Question

We are a plumbing company working for a private owner in Notting Hill, London, while she was on holiday. During the beginning of the work, we had a leak which caused damaged to the property. Since them client has ben very disrespectful, even we being there to do everything we can to help. We are promising to send someone to paint and make good. She still owning me money, most of it extras that she had said, she would not pay. She also said, she could charge me for the stress, and lot more taking me to court( she is already charging me for about £1000.00). ..... After two weeks. Client now, says she is happy with the plumbing work and want me to quote extra big work in her house.... She mention she would pay me the extra money after the making good is completed. But now, i don want to ever work for her again... Question: How can i protect me against her revenge, after paying me the money and hear from me, i don't want to work for her ever again. Because so far, i am no able to say much, until i get paid. Every time i said anything against her attitude , she threats me saying she is not paying anything and would charge me for much more and i would need to reimburse her. I am sure she will be very upset and will try anything to give me a pay back. She can be very rude... ps. most of the conversation are in emails and texts Geverson

Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Firstly you should note that you cannot sue some for stress and inconvenience. You can only sue someone for actual losses arising out of a breach of contract. She would argue that you are liable for breach of the Supply of Goods and Services Act 1982 and the implied to provide the service with reasonable care and skill. It is an accepted fact if someone does your plumbing there maybe a leak - that said she suffered damage and you have repaired this. Therefore there is no further loss to prove.
The fact that you have caused the damage does not give her the right to with hold payment. If you have invoiced her for it you can recover it in the County Court.
If she wants further works done you should just ask for a payment on account - you are not obliged to provide her the service if she does not comply with your terms. Further you must email or post her a written quote and ask he to confirm in writing that she accepts the quote before the works start.
I would also recommend that you add into your terms and conditions the phrase "All Payments must be made without set off, deduction or counter claim" - that way it will make clear that they cannot with hold payment from you because of a dispute.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Aj

She is now saying that i also need to rectify the wood flooring in the kitchen.

She decided this 10 days after her return home. Coincidently the same time she responded to my request for payment saying she would not pay anything extra which she did not approve, and also i need to rectify the flooring as well because she can see it has loosen the oil.

Again after 5 days, she says she will pay me but wants me to rectify the flooring as we'll, which i am not sure is my fault, and to resend it, i will need to pay for the whole ground floor.

My builder is going there today, and if he says it is not my fault i will not fix it, and will just return to pair the ceiling ( which has been agreed for this thursday and friday), if she confirm payment at the completion.

Can i do that...

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You only have to repair the damage you are responsible.
Regardless of that she is still liable to pay your properly incurred invoice.
If she wont pay it, then you will have to consider making a money against her https://www.moneyclaim.gov.uk/web/mcol/welcome
Kind regards
AJ
Alex J. and 2 other Law Specialists are ready to help you
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your feedback.
Can I just add that if you are going to refuse to repair the flooring make sure you provide her with a written explanation as to why the damage was not caused by you.
Kind regards
AJ

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