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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have recently had an unwritten agreement with a family

Resolved Question:

I have recently had an unwritten agreement with a family member that he oversee a building renovation project I undertook...converting a church into a studio and a house.things went sour in November. I brought in a different builder. my relation had said his back was'bad' and wanting to get rid of him I used this as a reason to bring in someone else.now I have been given a big bill done in june. he is pretending I failed to pay this bill. I didn't see it until today...do I have to pay this bill?? the work is not specified..i have grievances with this person over several issues.he usually presented me with bills in sequence so they have been in a muddle up or maybe he didn't do this work I have no means of knowing if I am being told the truth. I do not want to pay this bill unless I absolutely have to ..please advise thank you mrs logan
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

my name is ***** ***** I will help you with this.

Alex Watts :

Who is the bill from please?

Customer:

thank you interest.. the bill is from a neil airey...he happens to be my partner's cousin I thought I could trust him ; things weren't so bad until September - can I send you his letter to me and my reply?? I had no written contract but I have regularly paid him I am asking of his hours which I imagine he will contrive to get there will be no receipts though because he is a maverick type of guy. I can email but could I use snail/ordinary mail to send you the relevant letter from him and my reply?? you will have an office/home address please?? mrs logan

Alex Watts :

How much is the bill ?

Customer:

neil has sent an invoice 2014! and also an invoice / November the latter as one. together the two invoices are about £2,300 the invoices are at home five minutes away I work on the computer in my public library I have a lap top but I have no server at the moment I like snail/ordinary mail too he charges an hourly rate of £22 an hour there are no details on these invoices they are not itemized in any way the accompanying note is sort of flippant I started to pay him in nov end 2013 he sort of did things parttime he claimed hours he organised subcontractors to come in and do jobs they submitted invoices separately mrs elli logan

Customer:

he asked for £2300 approx. in two different invoices dated june and oct/November 2014 details at my home I am in the library he had an hourly rate of £22 an hour he supplies no details just claims the hours i may be submitting this twice! sorry mrs logan

Alex Watts :

Was it ever agreed you would pay work done? Was this ever discussed? If not, what would be his 'gain' the work?

Customer:

we had unwritten agreement that he would oversee the renovation...we never discussed detailed terms; i formed a situation whereby i paid him an invoice 2013 and subsequently months at start of 2014..then and august and july he got fed up of the job it entailed a lot of travel . i thought that he would have hands on do the practical stuff what i think he has done is

Customer:

sorry starting again... i am a bit useless with typing i never saw him with tools in his hand he would claim he - oversaw subcontractors researched and ordered materials oversaw the workmen coordinated the subcontractors help me to plan consulted with reps from the local council prepared plans organised the build in general but he has not been good lately i can send my letter to him to you?? so he undertook whatever he felt he needed to do himself using his own initiative but i am reluctant to pay him from seven months ago i am asking of it he will come up with a narrative he will have no receipts etc so he was not specifically instructed by me at this time . he was failing in varoius areas he had an hourly rate of £22 taking me ride mostly latterly he just turned up and nattered to the workmen to oversee they were working ?? i complained about the men in nov but he ignored me i sacked the workmen myself in the end he would say he took responsibility build nothing was ever detailed thanks mrs logan

Alex Watts : Ok. What is it you want to achieve ?
Customer:

. will try to type better. would like to stay on good terms but that impossible. his note and enclosures is flippant. it's too late to charge me . would like to pay him but want proof of work of november and all of june. i was away in november but my partner never saw himat the building in nov. he could say he was at the builders merchants on the phone... 1 i want proof of his application- his work. 2 want itemised invoices all hours 3 want not to pay at all 4 want to pay only and oct if he similarly has proof by way of receipts his phone bill showing calls on my behalf his workers could vouch being at the building / is this reasinaoble ie WANT TO NOT PAY OR VERY LITTLE DEMANDING PROOF OF HIS WORK IN ITEMISED WAY WITH DETAILS yes?? mrs logan

Customer:

i mean it is too late to pay him which is more han seven months ago. thank you . mrs logan.

Alex Watts :

Ok. What is your question of me about this, now I have the background?

Customer:

my question is do I have to pay neil given he was my contractor. even though the position was only rooted in trust? I have decided that I do not want to give him a penny . he might argue he subcontracted things out he has not itemised his invoices at all...mrs logan

Alex Watts :

You are only required to pay him if that was agreed. it was never agreed then you do not have to pay him. But ask yourself this, why would the person do it all if there was no benefit to him?

Alex Watts :

So either there was some form of payment agreed or other reward.

Alex Watts :

There must be something as it does not make any sense that he would do it .

Alex Watts :

So either payment was agreed or there was some other award

Alex Watts :

Can I clarify anything about this today please?

Customer:

we had a loose agreement based on trust..i felt i was paying him in general as my contractor but the details were never spelt out...so in june i did not ask him specifically to do anything at all so why come back to me now... answer is i am a soft touch...there was no reward likely except in a monatery sense;he let me down badly in other words the principle of apptoach is the i should pay him something? but i hav had a fait accompli..... i shall ask him as to his work many thanks mrs logan

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