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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46184
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We employed a roofer to put a new roof on our house after

Customer Question

Hi we employed a roofer to put a new roof on our house after keep ringing the guy and then waiting to hear from him he finally got in touch to say he would start on a certain date and he did not arrive then but on the following day He arrived on a Friday started work with 3 other roofers he took all tiles off then put on new tiles on the Saturday then noticed they were putting wrong colour ridge tiles on so they had to stop the quote specifically said red ridge tiles anyway the Roofer said we will be back on Monday to finish off he asked would it be possible for to be paid money today because he had to pay the other guys my husband handed over 3,000 and he left with the 900.00 still to pay. Waited for the roofer to turn up following Monday did not turn up husband rang him 12 times ignoring calls husband left messages then Tuesday did not turn up husband rang 10 times leaving a message to say don't bother coming I will get another roofer to finish off he still did not answer calls My husband got another roofer on the wednesday and they came give us a quote to finish job off which was 700.00 to put new ridge tiles on then previos guys turned up and he told them that we do not want you to do job anymore and they went the 1st roofer got in touch to say we needed to pay for scaffolding and we replied you were paid 3,000 on Saturday you should pay out of that he has not threatened my husband saying all monies to be paid to him or he will be taking us to court
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello what are you hoping to achieve please?
Customer: replied 1 year ago.
I have had a response from the rrofer this morning saying that we have to pay 900.00 the remainder 0f the money as he had the materials that he just bought he says that he has been advised by his solicitor to get ib touch to ask for remainder and if we choose to ignore he will take us to court
Expert:  Ben Jones replied 1 year ago.
Thank you please leave it with me and I will reply later today
Customer: replied 1 year ago.
He did not keep in touch he did not turn up when he was supposed to he ignored phone calls saying he could not get a reception as he was up a hill we have now paid another company to finish job which we now have paid 700.00 and now he is saying we have to pay him 900.00 or else
Expert:  Ben Jones replied 1 year ago.
Thanks for your patience. If the original roofers did not finish the job and as a result you had to get others to do so, they cannot expect full payment. The job was not complete so full payment would not be due. That would only be required when the job has been complete as per the original agreement. As far as the law is concerned, when you have entered into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:• Carried out with reasonable care and skill (to the same standard as any reasonably competent person in that trade or profession);• Finished within a reasonable time (unless a specific time has been agreed); and• Provided at a reasonable price (unless a specific price has been agreed).The issue here is that the delay was only a couple of days, even less. He was supposed to be there on the Monday and did jot turn up and Tuesday you still could not get hold of him. You need to give him a reasonable opportunity to finish the job or resolve any issues. Going with someone else a day aft he was supposed to turn up but did not may have been too soon. Unless the roof was unusable and leaking, needing urgent completion, you should have given them a longer opportunity to complete the job. At this stage you may wish to consider offering the difference between what you should have paid and ended up paying, which is £200. You will not be worse off that way. State that this is your final offer and that you will not consider anything on top and if needed will defend any claim made against you. This is your basic legal position. I have more detailed advice for you in terms of what happens if a claim is made, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you
Customer: replied 1 year ago.
I forgot to mention that we are also being charged for 2 skips and we only had 1 he also said he would put lead on the chimney and also point stach which was also in the quote that he priced he also said to us that the job would b finished by 2 days weather was fine so there was no problem there
Expert:  Ben Jones replied 1 year ago.
He cannot charge you for things which did not happen, like the unfinished work or the extra skip. So as mentioned your options areas above - refuse to pay anything at all, or try to offer him the balance just to make him go away, which means you will not be any wore off than what you would have originally paid. This is your basic legal position. I have more detailed advice for you in terms of what happens if a claim is made, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46184
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. If the builder wants to go to court, then this will go through the small claims court. He may threaten court action but never actually proceed with it as he may be put off by the uncertainty of the outcome and the fees he has to pay to issue the claim. A lot of people just threaten it rather than actually go through with it. Even if he does claim, the small claims is relatively low risk for the losing party because they cannot be asked to pay the winning party’s legal costs. Say you lost and were ordered to pay the full amount claimed, which I think is very unlikely as the work as never actually completed, you would have to pay that together with the claim fee and heating fee, which for a claim worth £900 would be approximately £150. So overall you are not looking at huge additional costs even if you lose but I do not see how the builder can claim for the full amount and at best they can only hope for a small proportion for any outstanding payments for work already completed.
Customer: replied 1 year ago.
Thankyou for your response he has not been in touch anymore so we will await a reply if anything Thankyou again much appreciated
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best

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