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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience:  Over 5 years in practice
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I'm a self employed builder who recently undertook a re

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I'm a self employed builder who recently undertook a re pointing job on a house in chelmsford.
The costumer Mr Hindle paid a deposit of £4000. With which i bought materials for the job. At the start 11/4/16. And then a stage payment of £1470. For one wall i completed. I then drafted in another company in to complete the pointing to speed up the job to complete ahead of schedule due to next door neighbours request due to them having a baby.
The job was completed on Wednesday 18th may I put in the final invoice for the remaining balance of £7125.
The invoice has not been paid.
Thursday 19th the customer called me saying the rest of the work completed by the third party contractor was unsatisfactory and needed rectifing. I visted the property with another professional pointing company on Friday 20th to begin negotiations on how to rectify the pointing in question.
The contractor agreed that it all could be fixed easily within the unpaid balance remaining.
The customer has sent me an email on 23rd may stating he's rejection of my offer to rectify the work and has sacked me from the project and has not paid the £7125.
Mr Hindle has also asked for all payments that he has made to me totalling £5470. Plus the saffolding fee of £1150 that he organised and payed for in advance nothing to do with me.
The Ower Mr Hindle had paid me after completing my work which he confirmed he was very happy with and payed the first invoice £1470. I don't agree or understand how or why he would have my money refunded. I have personally worked at the property for 6 weeks out of a 10 week programme. Mr Hindle the owner has never expressed any disappointment till the very end and is now refusing to pay and wants compensation?. He has refused me to rectorfiy to his standards and is given me 28 days to pay. I have not replyed and would like to know where I stand?? Paul Ravenhill. ***@******.***
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

Are you asking if you are liable?

Customer: replied 9 months ago.
Expert:  Jo C. replied 9 months ago.

Does he deny that you were offering to put this right?

Or allege that you were taking too long about it?

Customer: replied 9 months ago.
I have written confirmation of my offer to rectify all works that Mr Hindle is unhappy with. I also went out of my way to meet with two companies who both visted the property to descuss this matter. Mr Hindle has confirmed via email that he doesn't want me on his property or anyone I may work with. He is denying me the chance to make it upto his liking. The first company I did employ offered a 25 year guarantee on their pointing which Mr Hindle has rejected. With regards ***** ***** timing with the rectifications we would have completed within the original time scale of 10 weeks.
Expert:  Jo C. replied 9 months ago.

What is his specific ground for refusing to allow you to work on it?

Customer: replied 9 months ago.
He says hes lost faith in me.
Expert:  Jo C. replied 9 months ago.

For what particular reason?

Or does he now give one?

Customer: replied 9 months ago.
Sorry I can not send mr Hindle email as the file formate is wrong.
Customer: replied 9 months ago.
He has said his unable to trust he will do the work correctly.
Expert:  Jo C. replied 9 months ago.

Yes, I understand but does he give a reason for taking that view?

Customer: replied 9 months ago.
That is it. That's all his said. Quote "I have lost faith in your ability to do the job to my standard."
After 6 weeks of No complaints. He has left it to the last minute to send me this email. He has confirmed in email he has no complaints of my pointing. only the work of the company I hired. I believe this is completely unjust.
Customer: replied 9 months ago.
I am desperatly waiting by the phone to hear what you think.
Expert:  Jo C. replied 9 months ago.

Well, it is not that simple. He cannot just remove you from the job and fail to give you a reasonable opportunity to put this right within a short time period. The only exception would be if he has lost faith but that isn't an emotional decision . He would have to show that he had a good solid reason to believe that you are not capable of completing this work. He may invent one but he hasn't given one at the moment.

That said, since you did not put this right a Judge might accept that you should not be paid the full value of the work but he certainly wouldn't get additional compensation.

Can I clarify anything for you?

Jo

Customer: replied 9 months ago.
Thankyou for your reply. The money that I've already been paid from Mr Hindle £5470 The deposit and first payment. Does he have grounds to ask for this back in his last email??
I am happy to put this behind me as a learning experience. With out any money I'm owed. I just can't afford to pay him the money his asked for back.
Customer: replied 9 months ago.
What would a soiled reason for not letting me continue my job be?
Expert:  Jo C. replied 9 months ago.

You are entitled to be paid the value of the job that you did.

Arguably you are entitled to the full amount as you completed the work and it is not your fault you were not allowed to put right this fault.

However a Judge may take the view that you should be paid for that specific task as you didn't perform it.

He doesn't have a claim for the rest back.

Customer: replied 9 months ago.
Thankyou so much for looking into it for me. It made sense but I wanted to check the law. I couldn't Thank you enough I will sleep better tonight. Thanks again Paul Ravenhill
Customer: replied 9 months ago.
Should we respond to Mr Hindle email asking for money back?
Expert:  Jo C. replied 9 months ago.

I suppose you could respond saying no more than that you don't believe you are liable because he has not given you a reasonable opportunity to put this right.

Don't get involved in lengthy debate though. These things can dominate your time and people in work need to be moving on.

Customer: replied 9 months ago.
OK Thanks again.
Expert:  Jo C. replied 9 months 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 Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

Customer: replied 9 months ago.
Thankyou very much you've really helped me and my family
Expert:  Jo C. replied 9 months ago.

All the best.

Please remember to rate my answer.

Jo C., Barrister
Category: Law
Satisfied Customers: 69776
Experience: Over 5 years in practice
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