How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69999
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I did some work on a subcontract basis to a builder. He

Customer Question

Hi, I did some work on a subcontract basis to a builder. He payed me a cheque whichmi banked the next day. The bank returned the cheque saying the builder had cancelled it. He told me at the time he did because he could and to sue him. He is now saying that the work was not good enough. Please can you help with advice?
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What is his complaint?
Customer: replied 1 year ago.

He says the work I did was substandard and thecustomers are happy.but is saying this after he payed and cancelled cheque. Ive spoken to customer and was told there were a few things he wasnt happy with. I offered to go fix them and was told no its fine.

Expert:  Jo C. replied 1 year ago.
OK.
But what is his specific complaint with work?
Customer: replied 1 year ago.

I dont know, I havent been told

Expert:  Jo C. replied 1 year ago.
Ok.
I'm not sure what your question is about this?
Customer: replied 1 year ago.

My question is this, I was payed a cheque for work by a builder for on a subcontract basis. I banked the cheque the next day. 3 days later the bank returned cheque saying the builder had cancelled it. He told me he had done this because he can then told me to sue him. He is now telling me


my work was substandard. so I am £630 pounds down. I need to know how can I get he money from him. Has he broken any law, can he do this? Do have any rights?

Expert:  Jo C. replied 1 year ago.
The only to recover ultimately is to sue.
Actually if he wrote a cheque then you could sue on that basis but anyway the money was due under the contract.\
He seems to be alleging that your work was substandard but he cannot just refuse to pay at all on that basis unless you had said that satisfaction was guaranteed. Even if there were faults he should have given you an opportunity to put them right. He cannot just refuse to pay.
You can sue him here
www.moneyclaim.gov.uk
although I would send him a letter before action first giving him 28 days to pay as it will protect you from costs.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.
Thank you,
Can you you tell me what write in letter? And can I email it to him
Expert:  Jo C. replied 1 year ago.
Just that you believe he owes you X amount for the work in question to Y property.
If he does not pay within 28 days you will issue at the small claims court and seek costs and interest against him.
It can be very informal. You just have to prove that it was sent and he was warned.
Jo C., Barrister
Category: Law
Satisfied Customers: 69999
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank you once again.
I'm sure I will have other questions can I ask you more in the future? Is there a time limit for further questions?
As I'm sure he will contest, he says he has evidence but as he is unwilling to tell me what or show me said evidence.
are saying he has broken my contract with him as a subcontractor on two counts, should I sue on both accounts? Or would that count as two separate issues.
Expert:  Jo C. replied 1 year ago.
Yes, he may well contest it.
He won't get away with not disclosing his complaints long term.
I would just sue for the sum of money in question.
You can come back when you like. The question won't close from your side.
Customer: replied 1 year ago.
Ok thank you I will send him the letter.
Enjoy your weekend
Expert:  Jo C. replied 1 year ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jomo1972’.
Customer: replied 1 year ago.
For Joao 1972
Hi Jo, so am I right in thinking these are the facts.
1) he broke his contract by not paying.
2) I was never asked to put work right that he says is wrong.
3) he will argue that work was substandard.
4) I will argue if there is anything wrong it's due to poor storage of materials, and bad project management ie. Doing things in wrong order.
5) as I was never asked to correct work and never Guarentied satisfaction that I we will?
If I don't win what will it cost me.
He seems very confident that he is right and will win, sorely if he has broken contract( is that the same as breaking a law) there really is no way he can win?
Expert:  Jo C. replied 1 year ago.
He won't get away with not paying at all unless the work was literally appalling.
Usually about £100. It is a small claims court sum so not prohibitive in terms of cost.
Customer: replied 1 year ago.

jomo 1972

hi jo,

ive sent a 28 days notice letter, when it comes to issue in small claims court will Ii be business to business or person to person?

im not vat sole trader he is vat resgisterd sole trader as he is not a ltd company

thanks gary

Expert:  Jo C. replied 1 year ago.
If you were a subcontractor then you should be treated as an individual.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice