, my name is ***** ***** it is my pleasure to assist you with your question today. Were you given the opportunity to correct any defects or incomplete works?
The works were completed, invoiced 30/06/14 and statements issued. Payment has not been received and we rang her at which point she discussed the works that were incomplete and a revised invoice was done deducting £100 to compensate. She also stated that she did not have the funds to pay all at once and she would refer to her husband as to how they would settle the account . The invoice was re issued 15th January 2015 and a request made. Since then she has back tracked to works still outstanding and that she has been advised by a solicitor she is quite within her rights to with hold payment. No response has been received since our last email requesting proof of another contractor finishing off.
How much are you owed and she is refusing to pay?
We are owed £1831.49 and she has stated, As you know robbie the works were unfinished I have also contacted a solicitor and they have advised that because the work was not signed off and incomplete we are well within our rights to withhold the final payment.
Although we had a prior conversation regarding incomplete works and deducted £100 off her invoice based on the items she identified as incomplete.
If you genuinely did not complete the works which you had agreed to undertake at the outset, then you could be acting in breach of contract. However, before the customer goes ahead and gets someone else to finish the job, they should have advised you of the issues and given you the chance to rectify them. You could have finished the job without any further costs being incurred and if she has just gone ahead and spent more money to get this done when it could have been done much cheaper or additional cost then she could be liable or all of these additional costs. It would be important to consider why she did not contact you about this – if there were reasonable and valid reasons as to why you should not have been allowed to do this, such as prior negligent or dangerous work, then her actions could be acceptable. However, if there is nothing to suggest that, her actions could be considered unreasonable.
So whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:
Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Hope this clarifies your position? If you could please let me know that would be great, thank you
The incomplete work was only raised when we chased . It was at this point that she advised that someone else had completed the works and a gesture on our behalf based on the items she said were incomplete we re issued the invoice with £100 deduction. Since then she is refusing to pay due to incomplete works?
your rights will remain the same as detailed above - you should have been given the opportunity to resolve these issues first so you can still pursue the outstanding payments using the steps explained earlier
Please let me know if this has answered your original question or if you need me to clarify anything else in relation to this? Thanks