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Ask Michael Holly Your Own Question

Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6544
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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I have recently had a new roof installed. I went via a

Customer Question

I have recently had a new roof installed. I went via a builder who then used another company to do the work. All work was completed without any issue but foolishly I did not have any written quote or contract with builder and paid the builder by cash.. I can not believe I have done this.. Anyway about one week after job was completed I get a letter sent to my house which said to the legal owner of house and the letter was from the roofing company that the builder used, stating that the builder said I had not paid all the money owed for job and that I now owed them £3000.. I phoned up builder and he said he would deal with this as I had paid him for job.. I then get another 2 letter over next 2 weeks stating that I owe this money even though I never had any agreement with them.. They have now involved a debt collector who I have yet to call. Hence as stupid as I have been does this 3rd party legal rights to claim this money from me? Also should I talk to debt collectors or not
D
Submitted: 6 months ago.
Category: Law
Expert:  Michael Holly replied 6 months ago.

Provided you did not sign anything which created a direct contract with the sub contractor this is not your debt.

There are 2 ways for the sub contractor to be hired. The first and the way in your situation is that you have a contract with the builder. The builder then contracts the sub contractor to do work on the contract but for him to enable him to complete his contract with you. It is the builder that has the contract with the sub contractor not you.

The second way is that the builder puts together the client and sub contractor and they contract direct with each other for the work to be done. In this case the contract is between the client and SC and the client is responsible for paying the SC. this is NOT the position here. However because there are 2 ways of doing it this sometimes causes confusion

It seems to me that there has been some dispute between the builder and sub contractor about the amount the sub contractor should be paid by the builder. The sub contractor is sneakily trying to get you to pay the money which will leave you out of pocket.

Advise the debt collector this is not your debt and that they should check the position before harassing people, it is after all their job. If proceedings are commenced you will defend and counter claim for costs .

Advise them that should you hear from them again you will report them to the police for harassment and for attempting to obtain money from you by deception.

Any further problems come back to me.

I hope this helps. If there are any further points please reply I will be happy to respond

Best wishes

Michaelin

Customer: replied 6 months ago.
Hi Michaelin many thanks for your advice. This helps meRegardsRobin
Expert:  Michael Holly replied 6 months ago.

Dear Robin

My pleasure.

Stand firm and refuse to be bullied.

These companies have no scruples whatsoever.

Michael

Customer: replied 5 months ago.
Hi MichaelI have just had a final demand letter from from a debt collector company called final demand and the dept has gone up £375 to 3750. I have spoken to police and they said theat they would not intervene until I or a solicited had written to this company to state that this is not my debt and that this is upsetting me. Hence I am hopmg you will help and write this letter to the debt collector to try to stop this harrassment. Please let me know how I can proceed with gaining help from you here? Regards robin
Expert:  Michael Holly replied 5 months ago.

Dear Robin

You do not have a debt with them. They write these letters to make them look pseudo legal and they have no entitlement to add costs. To get costs their clients would need to get a court judgment against you.

I would love to do the letter for you but I am not in private practice so my circumstances do not allow me to. However, any decent local solicitor can do this for you.

Please let me know the result of all this.

Best regards

Michael

Customer: replied 5 months ago.
Many thanks. I will call a local soliciter tomorrow.RegardsRobin
Expert:  Michael Holly replied 5 months ago.

Dear Robin

Good, I think this needs a solicitor's letter.

Michael

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