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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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our builder has been given £68,000 and has not provided receipts

Customer Question

our builder has been given £68,000 and has not provided receipts and invoices for the amounts paid. Is there a law that says he must. If yes, what law is it please?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question . My name is Jo and I will try to help with this.

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

-Could you explain your situation a little more?

Customer: replied 4 years ago.

we had our house next door to us renovated and the builder was paid 10,00 at a time,totaling 68,000 he never gave any invoices or receipts, he moved in to the house as a favor from us so he could do his own house up as he knew we needed to get ours completed ready to rent by June. he says he wants his final payment which we have no problem paying once the work has been completed and signed off but it has not been finished and he has now sent us a statutory demand for what he thinks is the final payment of 9,700. during the time he has been living in our house he was paying rent but has now stopped paying for the last 2 months. we are worried they may do some damage in our house as well

Expert:  Jo C. replied 4 years ago.
Are you a company?

Why is he using a statutory demand rather than just suing?

I'm just due in court this morning so don't panic if I don't come straight away. I will be able to get to this by about lunchtime if thats ok?
Customer: replied 4 years ago.

We are a small husband and wife company, i am not sure about the statuory demand rather than suing as that came out of the blue on Friday. We do know he is very desperate for money and has other clients looking to sue him for jobs they are unhappy with. We are going to our solicitor for 12pm but as we are unaware of all these things we wanted your help too as a friend has highly recommended your services. Good luck in court

Expert:  Jo C. replied 4 years ago.
Thank you for this information. I am just on my way back from court and will get back to you as soon as I arrive. Thank you for your patience.
Expert:  Jo C. replied 4 years ago.
Sorry I see why he has done this.

I just need 10 mins to type out an answer if thats ok?
Expert:  Jo C. replied 4 years ago.

Thanks for the information and I’m sorry for the delay. I’ve been running around a bit today.

The first point to make is that a statutory demand is serious and you must deal with it but it can be fairly easily set aside. The reason he has done it probably is that its much cheaper than issuing at the county court.

On your substantive point, actually a trader does not have to provide written invoices to a client to enforce a contract. He certainly does not have to provide receipts for the original of his goods.

What he does have to do is complete the work to a good standard. He also needs to complete. You seem to be saying that he hasn’t done that.

He may be saying that you agreed to pay in installments. Obviously if you did not then you can contest that. Even if you did, if you are concerned that the work is of a substandard level then you can still refuse to pay until its put in good order.

However, you must not ignore the statutory demand. Although you can get them set aside you must deal with that issue.

Hope this helps. Please let me know if you need more information.
Customer: replied 4 years ago.

he has not completed all the work so it can get signed off by the building inspector, when you say the demand can be set aside how would this be done? I hope you are habing a great afternoon.

Expert:  Jo C. replied 4 years ago.
You need to follow this procedure should it get that far!

Known as setting aside.

These applications are not often refused but you must act in time.
Customer: replied 4 years ago.

Seeing as nothing was in writing and everything was verbal which we know was our fault and our builder was continually asking for money which means neither of us has proof of what needed paying where do we stand now he is asking for a further £9,270 in the statutory demand. Both the schedule of works for the new build and old build came to £112,000 and so far it has cost us £158,000 is there anything we can do?

Expert:  Jo C. replied 4 years ago.
I'm not sure what you wanted to know about that?
Customer: replied 4 years ago.

1. is the schedule a binding contract?

Expert:  Jo C. replied 4 years ago.
A schedule isn't a binding contract per se but its evidence of the verbal agreement.