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 Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

We gave an order to a company, Swanbridge Property Services

Customer Question

Hi
We gave an order to a company, Swanbridge Property Services (SPS), a sole trader, to make some storage cupboards and adjust some existing ones for our client Thakeham Homes. He requested a payment in advance of £2400.00 for the material, which we paid, and all the work was agreed to be out of normal working hours as it is a working office. Then, 24 hours prior to the agreed start, I contacted the SPS, by phone, email and text to obtain an ETA and an expected finish time, as the client needed to arrange for their Security to be in attendance with someone on the premises. That same evening I had an email from the SPS stating that I was pressurizing him and he felt that he couldn't continue as he thought that he would be made a scapegoat if the project wasn't finished on time but all I needed was an ETA and finish time. At the same time as this project was needed , he undertook to do some painting at the same clients offices, for which he was charging £350.00. He painted one wall, which he left unfinished, and left 3 additional walls, approximately 75% of the painting, unfinished. He has presented us with an invoice for £200.00 comprising of £100.00 for labour and £100.00 for materials for this painting work. Now, he has refused to carry out the previous works and will not release the materials that we have paid in full for already, until this subsequent painting Invoice is paid. He has paid the supplier of the storage material. We are quite happy for him to keep the monies that he has paid for the goods already but need the materials to complete the Works so that we can be paid. How do we stand , as SPS have paid for the storage material and we have paid SPS for this material , has the title been passed to us?
Submitted: 8 months ago.
Category: Law
Expert:  Alex J. replied 8 months ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Did SJS have any terms and conditions (or present you with any) that you agreed to? Did SJS present you with an invoice for the storage materials? Kind regards AJ
Customer: replied 8 months ago.

HI Alex

No to the terms and conditions and yes to the invoice

I can attached any correspondence that you need

Expert:  Alex J. replied 8 months ago.
Hi, Thank you. Can you post it into this thread? Kind regards AJ
Customer: replied 8 months ago.

Hi Alex, will scan and attach , give me 5 mins as there is a lot !

Expert:  Alex J. replied 8 months ago.
No problem. I have to log off shortly, but once I have received the correspondence I will review it and respond to you either tonight or tomorrow morning at the latest with my answer. Thank you Kind regards AJ
Customer: replied 8 months ago.

Attachment: 2016-05-04_152807_20160504150556.pdf

Attachment: 2016-05-04_151710_20160504150411.pdf

scanned docs from 7th -27th april, will send 28th - to date

Customer: replied 8 months ago.

OK , cheers ***** ***** if you need more info , please email me

Customer: replied 8 months ago.

Morning Alex, I appreciate that I sent a lot of correspondence, but when do you reckon you will have a response

Cheers

chris

Customer: replied 8 months ago.

Hi Alex, Have you found the previous correspondence??

Customer: replied 8 months ago.

Hi Alex, what I am looking for is available remedies please, I am prepared to pay the £200.00 to get the material , BUT what of the material is incorrectly cut to size etc

Customer: replied 8 months ago.

Hi Alex

Can you confirm that your have / are receiving my emails please

KR

Chris

Expert:  Alex J. replied 8 months ago.
Hi, Thank you. I have received this now. I will review it now and revert to you today. Kind regards AJ
Customer: replied 8 months ago.

OK , appreciated Alex

Customer: replied 8 months ago.

HI Alex, do you have an idea when you will be able to give an answer ?

Cheers

Chris

Customer: replied 8 months ago.

Hi Alex,

Really sorry to keep bothering you but will I get a response soon ? or should I be more patient ?

Please advise

Many thanks

Chris

Expert:  Alex J. replied 8 months ago.
Hi my apologies I am working on this now.
Expert:  Alex J. replied 8 months ago.
Hi, Thank you. I have reviewed the correspondence. Given that he made it explicitly clear what the deposit was being used for (i.e purchase of materials), as long as you can identify those materials you should be able to claim title over them. The issue is that still won't stop him from with holding the goods. To consider the options would you be prepared to sue him? Is he financially solvent - is there a risk he could go bankrupt? Has completed the other non disputed works? What you could do is make the £200 payment under protest - so that he releases the materials and then you can seek to recover the money at a later date. Has he confirmed in writing that he will release the materials if you pay his invoice?
Alex J., Solicitor
Category: Law
Satisfied Customers: 3519
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 8 months ago.

Hi

Thanks for your response, couple of questions:



  • if the materials he has purchased is not of any use because it has been cut to the incorrect lengths, or that there is not enough of the material to complete the project .. what can we do?

  • I know the actual material qty that he has purchased and its value which is 50% of the monies we have paid, are we entitled to the balance ie £2400.00 less the actual value of the material

  • As far as I know he is solvent

  • He has confirmed that he will release the goods once we have paid the £200.00

  • Can we do anything once we have got the goods to get any of our money back are we entitled to damages?

  • copy of the email received this morning

    Attachment: 2016-05-06_083943_20160506084153.pdf


Customer: replied 8 months ago.

Hi Alex

I notice that you are offline , when you are on line , can you please let me know when you will be able to respond ?

Thanks

Chris

Customer: replied 8 months ago.

Hi Alex

I really do need a swift response please , I cannot wait another 12 hours for an answer

Thanks

Customer: replied 8 months ago.

Hi Alex

We have paid him this morning £180.00 ( labour element less tax (UTR))

he will not confirm when the material will be delivered, we have paid for the material he has paid the supplier,

Customer: replied 8 months ago.

Hi Alex

This is the last communications, your comments would be appreciated I am working over the weekend, what redress do we have legally regarding if the material is not as required to complete the project ( that he hasn't even started)

Look forward to hearing from you

Regards

Chris

Hi Jonathan

In reply to your email, I would like to advise that we have paid your invoice, under protest, as we feel we are being forced into paying so that we can receive goods that we had previously paid for but as yet have still not received.

I must stress that if the material, plus the handles / hinges along with the surplus paint is not delivered on Monday 9th May (in a usable form to make all of the storage and adjust the existing storage as specified and paid for) we will be taking legal redress regarding this non-performance.

Thanking you in advance,

Chris Macauley

Account Manager

ONE to ONE Business Interiors

Tel: 01342 892929

Fax: 01342 892822

Mobile: 07712 194896

Email: *****@******.***

Website: www.one-to-one.net

This e-mail is intended only for the use of the addressee and may contain confidential information. If the reader of this message is not the intended recipient or the employee responsible for delivering this communication to the intended recipient, you are hereby notified that any disclosure, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please forward it to *****@******.***

ONE to ONE Office Solutions Ltd is registered in England & Wales, no(###) ###-####

Registered address: W5 Lambs Business Park, Tilburstow Hill Road, South Godstone, Surrey, RH9 8LJ.

From: Jonathan Hill-Upperton [mailto***@******.***]
Sent: 06 May 2016 14:34
To: Chris Macauley
Cc: Yvonne Parker
Subject: Re: material

Hello Chris,

This is a first I have never been asked by you for my UTR number. If you want if you can remind me when you asked for it I can try to retrieve that conversation.

With regarding the panels and sides this has already been discuss in previous email. I not willing to have to repeat information that has already been discuss.

Kind Regards

Jon Hill-Upperton

Swanbridge Property Se

Customer: replied 8 months ago.

Hi Adam

Before I rate can I have an answer to my questions dated 6th May, plus any comments re my last email ?

Thanks

Chris

Expert:  Alex J. replied 8 months ago.
Hi, Thank you. I have received this and am reviewing it now. Kind regards AJ
Expert:  Alex J. replied 8 months ago.
Hi, Thank you. I have reviewed this. Is the situation that you would rather have the money back than the materials? If this is the case - then you can quite simply sue him for the money owed. The bot***** *****ne is he terminated the contract having taken a deposit from you - it does not matter what you agreed the deposit was for. Is he prepared to repay the money? Damages may be payable arising from breach of contract, these can only be reasonably forseeable losses for example the additional cost of hiring a new service provider. I look forward to hearing from you. Kind regards AJ
Customer: replied 8 months ago.

HI Alex

I have now received the material wood panels ( except the handles / locks / hinges ) , which I know is only valued at £1300-1400. We have paid him £2400 so can we ask for the balance to be paid back to us

For us to complete the works that he agreed will cost us about another £700-800

What can we reasonably ask him for , and how easy will it be if he refuses point blank to repay anything, thanks

Expert:  Alex J. replied 8 months ago.
Hi, Thank you. Yes you can ask him to repay the money for work he has not done. If he refuses then you could get another builder in to the work and sue him for a portion of that cost. Ultimately if he refuses to pay you will have to take more robust action against him, by commencing court proceedings. Kind regards AJ
Customer: replied 8 months ago.

Hi Alex

Promise you last question , if the deposit was for materials only can we ask for the balnace back if the materials weren't valued at £2400

Thanks

Expert:  Alex J. replied 8 months ago.
Hi, Thank you. If you can prove that the materials you have received cost less than £2400, then yes you can claim the balance from him. I am happy to assist further with any follow up questions. Kind regards AJ

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.com/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.com/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.com/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.com/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.com/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.com/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.com/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
 
 
 

Related Law Questions