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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Hi. My Nephew is a plumber. He gave an estimate for plumbing

Resolved Question:

Hi. My Nephew is a plumber. He gave an estimate for plumbing work , the price was agreed and the work has been done. The customer is now saying the price is to much and will not pay. My Nephew has been back to the property and taken out the new ,and put the old back as it was. The customer is now threatening court action. My Nephew wants to cut his loss and have nothing more to do with the customer. How does he stand legally.
Please would you advise. John.
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. Exactly what court action is being threatened - did he re enter the property without consent? Kind regards AJ

Customer: replied 2 years ago.

I would imagine he had the key to the property and was able to access the property in the same way while doing the work in the first place.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Just for future reference, your nephew should not have done that - he should have just sued the customer for the money he was owed.
Nonetheless that is beside the point. I suspect this man is threatening legal action for two reasons (1) Trespass (2) Suspected damage to his property.
Can you tell me anything about the nature of the works carried out - was it easy to revert the work back New to Old?
Kind regards
AJ
Customer: replied 2 years ago.

Yes it was very easy with no damage done.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Unfortunately whether this guys makes a complaint or not is his prerogative.
Your nephew has taken this course of action and should just stand by it - he should say to the customer that:
(a) a price was agreed;
(b) he did not pay the price;
(c) he has removed the materials as a result.
If the guy wants to sue your nephew then he will have to either issue a defence or negotiate a settlement with him.
At this stage what has he actually asked for? The works to be re done?
Kind regards
AJ
Customer: replied 2 years ago.

The customer has asked for new parts to be taken back to the site, for my Nephew to pay £400 pounds towards the cost of refitting by another plumber when he hasn't paid anything to my Nephew.

Customer: replied 2 years ago.

Hi ,sorry but have you forgotten me?.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
He has no grounds for a claim.
The only claim he would have is damage to his property or trespass.
Your nephew should write to him and say:
1. He has not paid for these parts;
2. He wont be paying for a new fitter as essentially your nephew was never paid for the work in the first place.
The onus is then on the client to decide if he wants to pursue a claim - any claim would be difficult as he has not actually suffered any losses.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
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