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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am a qualified plumber I have liability insurance a customer

Customer Question

I am a qualified plumber I have liability insurance a customer stopped all trades on the property was very difficult constantly changing he's mind I never heard from him for weeks so called him
He now is saying I am responsible for a leak to the flat below . I believe this not to be the case as he had another plumber friend in who I later found out word of mouth that was found asleep in the attic drunk . Untill last week I was not aware he had a problem with my work and I was not finished so he now wants my insurance details I believe he is pulling a fast one do I need to give details also He won't allow me in to the property to address two issues which is easily put right . As I wasn't completed the job it gets pressure tested at the end which some one has done the whole point of this is when all works are completed you then check for leaks he has sent me a long letter stating he wants details or legal action with in 14 days
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.
Expert:  Ben Jones replied 1 year ago.
What caused the leak to the flat downstairs / is it related to any of the work that you have done so far?
Customer: replied 1 year ago.
Yes it could of been however he stopped work and as any plumber will say it has to be tested before can say completed he stopped work never let me back in I only found out there was a leak three weeks later and he had a friend in working there who was drunk who may of switched things on I have no messages he was unhappy with any of my work
Customer: replied 1 year ago.
I want to go in check he problems with my work does he have to allow this and do I have to provide my insurance details
Customer: replied 1 year ago.
Thank you
Customer: replied 1 year ago.
Hi Ben can u advise me please
Expert:  Ben Jones replied 1 year ago.
Hello, sorry I was offline by the time you had replied. It could be that you were responsible for the issues, but at the same time it could easily have nothing to do with you. You may have been accused of causing this but it would be for the person making the claim to prove this was the case. In the circumstances they have asked or your insurance details but you are not obliged to give these to them. If you refuse to give those and they still maintain you were responsible then they will have to consider making a claim against you. There are several things that will go against them here: they may find it difficult to prove the damage was caused by you; they did not allow you the chance to inspect or fix it; there is someone else who was there after you and who did work there and it could have been them. So you do not have to provide the insurance details but they can then make a claim. You can defend any such claim and remember that it is for them to prove that it was valid and what they are claiming is true. This is your basic legal position. I have more detailed advice for you in terms of the options you have should they go ahead and make the claim, 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, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46785
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Customer: replied 1 year ago.
What other advise can u offer please
As I said I haven't replied to he's letter I have not been allowed to see any damage or he's points he's not pleased with
Also when I did first fix he changed things so I told him I did to he's spec and charged him he knew we did most correspondence via phone chat then he just stopped work I'm happy to look at work I have done go through what he's not happy with but no one should of filled the system untill job all done then u go checking that's when u find leaks its part of the checks all plumbers do so do I supply insurance details or reply saying other wise this is my reputation he did say I know your not out to con me but he has had someone in who I believe was not competent and they have done damage as checks were not done
Customer: replied 1 year ago.
Hi Ben did you get my question
Please
Customer: replied 1 year ago.
Hi Ben you mentioned other options
Expert:  Ben Jones replied 1 year ago.
Hi there, if they were to go ahead and make the claim then this will likely go in the small claims court as the value would be below £10k. There is nothing stopping them from making the claim but they would be the ones that have to prove that what they are claiming is true and correct. If you were to lose then you may have to pay for the damage as they have claimed, or at least part of it. The good news is that you would not have to pay for their legal fees as in the small claims court each party pays their own legal fees. So at this stage you are still not required to give him any details of your insurance but if he does make a claim then you can argue that you were never given the opportunity to inspect the alleged damage or to repair it, which you should have been allowed to do. Depending on what evidence they provide in their claim you may then also make an application with the court for it to strike out the claim for being weak and having no reasonable prospects of success.
Customer: replied 1 year ago.
Thank you should I reply to he's letter stating I would like to view the property and have a right to address he's concerns as there won't be many as he still owes money and didn't allow me to finish he is I think have a friend that is working with legal and trying to scare monger me and wants insurance details in case the leak isn't drying properly which I have not seen also do I have to let my insurance know as I firmly believe through chatting to other trades he got he's friend in who got drunk I believe some one didn't check properly I may be able to get whitnessed also do I respond what's your advice
Customer: replied 1 year ago.
Also I'm worried he could ruin my rep unjustified
Expert:  Ben Jones replied 1 year ago.
Yes you may indeed request that, you should be given the opportunity to do so and you can tell him that if it does end up in court this will go against him so it is in his best interests to allow you to do that. Also you do not have to let your insurance know about this - it is there if you want to use it but at the same time you do not have to use them if you do not want to. If he starts making allegations about your reputation and these are unfounded then that becomes potential defamation, which can be dealt with separately
Customer: replied 1 year ago.
Than you Ben is there a service if needed to draft a reply for me or should I just say I will not be supplying any insurance details however I would like first to look at all the issues raised and see if and where I believe changes should and can be made and we will discuss what other plumbers have done and shall I also ask to see the damage and take pictures
Customer: replied 1 year ago.
This is so stressful he never lead me to believe there were problems yet he keeps saying there were my argument is if that was the case why pay me to take on extras it's so unbelievable it's laughable
Expert:  Ben Jones replied 1 year ago.
Hi yes I can offer a premium service to look at anything you have drafted and make any necessary changes. So if you want to just draft a letter with what you want to do and say then you can send that over to me and I will check it over and amend it as necessary, then you can send it yourself. I will send over a quote for that shortly
Customer: replied 1 year ago.
Thank you can I do this Monday or Tuesday please thank you
Expert:  Ben Jones replied 1 year ago.
Of course, do it in your own time - I am always here so no rush at my end. I will send the quote now then you can accept it whenever you want and provide the letter as and when it is ready
Customer: replied 1 year ago.
Thank you for all the advice worth every penny just to know where we stand
Mum is a foster carer so last thing I want is to break the law and not produce details if I need to great service thanks I will just send to this email and pay can u advise me please
Expert:  Ben Jones replied 1 year ago.
You are welcome.
Expert:  Ben Jones replied 1 year ago.
Thank you. Just reply on here please when ready and attach the letter, then I will do my bit
Customer: replied 1 year ago.
Will do thank you
Expert:  Ben Jones replied 1 year ago.
No problem thanks

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