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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 73392
Experience:  Over 5 years in practice
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I did work for a couple who wanted the middle of there drive

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I did work for a couple who wanted the middle of there drive and I quote(taking ot and relay and tamp new concrete), i gave them the price over the phone and the contract was then agreed verbally, at know time did they ask for a detailed quote. I have done the work and as far as i am concerned there is nothing wrong with the job I have done. They are now refusing to pay and after I went up to speak about his complaint we did not reach a solution. He has now sent me a letter saying that I am in breach of contract as i did not do the work with reasonable care and skill (these were not the complaints discussed at the time I went up). I have never in 20 years had a complaint. I also know that they had all ready tried to claim off the gas board for this work but they said it was outside the parameters of where they were working. I do not think they ever had any intentions of paying. What can I do, its so frustrating as I always work with care and skill and have a very good reputation that they could try and spoil. Hope to here from you, David

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

How can I help with this please?
Customer: replied 4 years ago.

What information do you need.

I need to know what you wanted to know about this?
Customer: replied 4 years ago.

I know what rights they have but what can I do?

Well, there are really only two options.

Either you write the money off or you sue.

Obviously it is not likely that they will pay. They have said as much and probably won't change their mind.

Therefore, the only way of forcing them to pay is to sue. This is probably a small claims court sum so its cheap enough to issue. You should really write to them first warning them of your intention to sue if they do not pay. If they do not then issue here

Of course, they may defend on the reasonable care and skill point. Maybe they have a complaint and maybe they are just being unreasonable. The world is quite full of unreasonable people. Either way a court would consider it and its likely you would get something as the whole job will not be struck down for one wrongful act unless it is literally fundmantal.

Can I clarify anything for you?

Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 4 years ago.

They are expecting me to contact them within 7 days of the letter sent to discuss doing remedial work. As I have already spoke to them and did not reach a conclusion is it wise that i do not contact them now and just pursue the matter in the small claims.

I would try to see if you can patch things up with them.

Obviously it will be an unpleasant conversation and it might fail but it might succeed and if it does then that brings and end to the matter.

If they are just being unreasonable then at least you will be prepared for it at court.