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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70179
Experience:  Over 5 years in practice
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I am having a problem with a lady that I did work for, I was

Resolved Question:

I am having a problem with a lady that I did work for, I was there for seven months. The last week of the last month there I could not get hold of her, then she sent a letter which basically said I was not welcome back to the property. Ten months later as of yesterday I get another letter stating that she wants £1914 pounds in fourteen days for damages some of which have not occurred yet. She is accusing me of causing damage to work tops. My question since she has fired me, does she have the right to nearly a year later seek compensation, as I was not the only worker in the house which was very busy, but she is blaming me for every little thing that has gone wrong, at no point did she give me a reason that she was not happy with my work. She was a very difficult lady to work for.
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.

Have you caused damage?

Customer: replied 10 months ago.
No have not caused the damage, she said I did cause damage to counter top in the form of a slight scratch approximately 1 inch, which I dispute.
Customer: replied 10 months ago.
She has accused me of not fitting the toilets and basins correctly, however, I know for a fact that I fitted them correctly, but she wants to charge me £300 if any tiles are damaged should the appliances move, as I sealed them to the tiled wall. As far as I know the tiles are not damaged, but I don't know, as I am not welcome in the property to check.
Customer: replied 10 months ago.
As regards ***** ***** in the kitchen, she wants to charge me £434.80 to have it replaced. But as I didn't scratch it, I don't see why I should pay for it. But as I have not been in the house for ten months, I am not sure if the things she is claiming for are down to me or Herself.
Expert:  Jo C. replied 10 months ago.

Has she let you in to do any repairs?

Customer: replied 10 months ago.
No I am denied access.
Expert:  Jo C. replied 10 months ago.

Are you prepared to sue?

Customer: replied 10 months ago.
What do you mean please explain.
Expert:  Jo C. replied 10 months ago.

Are you willing to sue her?

Customer: replied 10 months ago.
What will we be suing her for. What will our case be. If it means putting the matter to rest, what other options are there.
Expert:  Jo C. replied 10 months ago.

Has she paid you for the work?

Customer: replied 10 months ago.
she has paid me, however I need to do a full reconciliation, she has paid me for work which I had not finished at the time she dismissed me. However, there is other work I have done and finished and not been paid for. Unfortunately at this time, my accountant has in his position my books which have not yet been returned to me. At this point I am unsure how much she still owes me or if there is any money owing to her, which I doubt.
Expert:  Jo C. replied 10 months ago.

Was there a a separate price agreed for that other work?

Customer: replied 10 months ago.
It was all small unplanned jobs, there was no contract signed for this additional work.
Expert:  Jo C. replied 10 months ago.

No, but did you agree anything verbally?

Customer: replied 10 months ago.
there was a verbal agreement. She was happy for me to do the small jobs.
Expert:  Jo C. replied 10 months ago.

Yes but did you agree a price?

Customer: replied 10 months ago.
As far as I can remember, work was quoted on a hourly basis, but no price was agreed. Ie fitting curtain rails, putting wash line, drilling hole to put up wash line outside.
Expert:  Jo C. replied 10 months ago.

OK. You do have a contract with her over those matters. It might not be reduced to writing but one exists and you are entitled to be paid the value of the job.

Expert:  Jo C. replied 10 months ago.

There are a number of issues here.

Dealing with her claim against you, if she can show that the work was done to an inadequate standard then she has a claim for the cost of repair. However, that would be reduced to reflect to the fact that she didn't allow you access to the property to put this right.

Expert:  Jo C. replied 10 months ago.

She may have a claim for a refund of something because you didn't complete. You are entitled to charge for the value of the job that you did and any additional expenses but couldn't keep the full amount if you hadn't finished.

Expert:  Jo C. replied 10 months ago.

However, your only real options are either to pay her off and get rid of her or invite her to sue and deal with it at court if she does. Probably she won't but you need to be alive to the fact that she might.

If she does then just raises these defences and claim for the additional work.

Can I clarify anything for you?

Jo

Customer: replied 10 months ago.
as regards ***** ***** she is demanding in 14 days, does she have a right to request this payment.
Expert:  Jo C. replied 10 months ago.

Well, as I said above really. That criteria would need to be met before she would have a claim.

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Customer: replied 10 months ago.
Thank you very much for your help Jo.
Expert:  Jo C. replied 10 months ago.

No problem.

All the best.