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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47375
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My partner paid double glazing installation by cash

Resolved Question:

My partner paid for her double glazing installation by cash - a total on the day of £2200 upon completion of the job, having previously paid £100 cash when the order was placed. Upon paying,she handed the envelope with the full amount inside to the fitter and he in return gave her a piece of paper ( of what she thought was a receipt ) but is actually just an invoice - stating the £2200 owed. She asked the fitter 'are you not going to count it?' He replied 'no it will be right'....to which he left.
The next day he has phoned and said the cash is £100 short! And there was only £2100 in the envelope. My partner is 100% sure there was £2200 in there. What should we do from here, my partner is very mad and wants to shout and have a go at them, but I'm telling her to stop and relax and to do this properly. I am worried without any receipt - they could turn around and say they've received no money!
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Has the work been completed?
Customer: replied 1 year ago.
Yes the work was completed in a day ( Friday 18th )
Expert:  Ben Jones replied 1 year ago.
What has happened has happened and it is too late now to try and resolve it in a way where it can be independently verified that the right amount was given. This should have been done at the time and t be honest it is the builder’s responsibility to check that what he is given is the correct amount, because once he goes away, any discrepancies will be difficult to prove. As it stands, the ball is in his court. If he maintains that he was underpaid, then he can dispute that and ask for the money but your partner is in no way obliged to pay him anything at this stage, She can simply tell him that the right amount was paid, that he had the opportunity to check the money and ensure it is correct and that any issues could have been resolved at the time. However, now that he has taken the money, she cannot take any responsibility for any alleged shortfall and that this is the end of the matter as far as she is concerned. If he wants to take this further, then he has the option of going to the small claims court but for the amount concerned and the fact it is for him to prove that he was under paid which will be rather difficult, I do not see that happening. So unless he goes to court and wins, she cannot be forced to pay him anything. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.
Thanks for the reply.
I know I'm jumping the gun here, but if they come back with any threats - ie 'they'll come and take the windows' ....what should be our response? Is it OK and prudent to record any conversations?
Expert:  Ben Jones replied 1 year ago.
They cannot come and take the windows as they are now on your property and they will be trespassing if they d not have you consent - this is really only resolvable in court. You may indeed record conversation for future evidence if needed - you do not need their permission to do so. Hope this clarifies?
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Customer: replied 1 year ago.
Yes. Thank-you, you have put her mind at ease.
Expert:  Ben Jones replied 1 year ago.
You are welcome