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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I did some work on a subcontract basis to a builder. He

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Hi, I did some work on a subcontract basis to a builder. He payed me a cheque whichmi banked the next day. The bank returned the cheque saying the builder had cancelled it. He told me at the time he did because he could and to sue him. He is now saying that the work was not good enough. Please can you help with advice?
Thank you for your question. My name is ***** ***** I will try to help with this.
What is his complaint?
Customer: replied 2 years ago.

He says the work I did was substandard and thecustomers are happy.but is saying this after he payed and cancelled cheque. Ive spoken to customer and was told there were a few things he wasnt happy with. I offered to go fix them and was told no its fine.

But what is his specific complaint with work?
Customer: replied 2 years ago.

I dont know, I havent been told

I'm not sure what your question is about this?
Customer: replied 2 years ago.

My question is this, I was payed a cheque for work by a builder for on a subcontract basis. I banked the cheque the next day. 3 days later the bank returned cheque saying the builder had cancelled it. He told me he had done this because he can then told me to sue him. He is now telling me

my work was substandard. so I am £630 pounds down. I need to know how can I get he money from him. Has he broken any law, can he do this? Do have any rights?

The only to recover ultimately is to sue.
Actually if he wrote a cheque then you could sue on that basis but anyway the money was due under the contract.\
He seems to be alleging that your work was substandard but he cannot just refuse to pay at all on that basis unless you had said that satisfaction was guaranteed. Even if there were faults he should have given you an opportunity to put them right. He cannot just refuse to pay.
You can sue him here
although I would send him a letter before action first giving him 28 days to pay as it will protect you from costs.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thank you,
Can you you tell me what write in letter? And can I email it to him
Just that you believe he owes you X amount for the work in question to Y property.
If he does not pay within 28 days you will issue at the small claims court and seek costs and interest against him.
It can be very informal. You just have to prove that it was sent and he was warned.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Thank you once again.
I'm sure I will have other questions can I ask you more in the future? Is there a time limit for further questions?
As I'm sure he will contest, he says he has evidence but as he is unwilling to tell me what or show me said evidence.
are saying he has broken my contract with him as a subcontractor on two counts, should I sue on both accounts? Or would that count as two separate issues.
Yes, he may well contest it.
He won't get away with not disclosing his complaints long term.
I would just sue for the sum of money in question.
You can come back when you like. The question won't close from your side.
Customer: replied 2 years ago.
Ok thank you I will send him the letter.
Enjoy your weekend
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 Jomo1972’.
Customer: replied 2 years ago.
For Joao 1972
Hi Jo, so am I right in thinking these are the facts.
1) he broke his contract by not paying.
2) I was never asked to put work right that he says is wrong.
3) he will argue that work was substandard.
4) I will argue if there is anything wrong it's due to poor storage of materials, and bad project management ie. Doing things in wrong order.
5) as I was never asked to correct work and never Guarentied satisfaction that I we will?
If I don't win what will it cost me.
He seems very confident that he is right and will win, sorely if he has broken contract( is that the same as breaking a law) there really is no way he can win?
He won't get away with not paying at all unless the work was literally appalling.
Usually about £100. It is a small claims court sum so not prohibitive in terms of cost.
Customer: replied 2 years ago.

jomo 1972

hi jo,

ive sent a 28 days notice letter, when it comes to issue in small claims court will Ii be business to business or person to person?

im not vat sole trader he is vat resgisterd sole trader as he is not a ltd company

thanks gary

If you were a subcontractor then you should be treated as an individual.