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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 50170
Experience:  Qualified Solicitor
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Late last year I was contracted to undertake a job

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Late last year I was contracted to undertake a job for a chap in Watford to refurbish his house and convert it to an HMO. From the very start of the work he was very demanding and overly supervisional. Eventually we came to loggerheads and he called in another company without telling me. I arrived at his property and he refused me entry, even to get my tools and told me that we were no longer required.About two weeks later I received a call from the police that he had made a complaint that I had punched him which was untrue and I was told by the police not to contact him unless they were present. A week following that I was arrested and accused of wilfully damaging his property as well as assault on him. I was held by the police for a day whilst they investigated and questioned me and found that his allegations had neither proof nor substance and I was allowed to leave with no charges brought.I fell that this gentleman has been particularly malicious and has not only caused me extreme worry, but also cost me a days work.Do I have any legal recourse against him?
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Have you suffered losses as a result?
Customer: replied 2 years ago.
Hi Ben. My name is Paul.The only financial loss was a days work and any potential business that I might have got that day. It made me late on other projects that we were working on.
Customer: replied 2 years ago.
Hi Ben:
As far as losses are concerned, naturally I also lost the money from the job that we were doing for this gentleman but as he decided to stop us from working I assumed that we lost that money anyway as there was no contract.
Hello Paul, sorry I was unexpectedly called into a meeting earlier. There are a couple of options here. One is a small claims court claim for breach of contract covering losses incurred as a result of that person’s actions. You would be looking at the fees for the day you lost. You may not necessarily be able to claim other loss of work because you can only be paid for one job at any one time, i.e. you would not have been able to be at two jobs at once so you can only claim for the work you actually lost. At the same time you need to consider whether this is worth it, based on how much you can recover, costs in making the claim, if he is likely to pay up (if he is not you will have to spend extra money enforcing the judgment in various ways), etc. The other option is to report him to the police for wasting police time for making a false allegation against you. Whether this gets anywhere will depend on the evidence available and it may also end up in no charges being brought. Also it will not compensate you in any way – it just means he will be dealt with by the police as they see fit. Of course, you can also pursue both options at the same time, it is not a matter of one or the other. This is your basic legal position. I have more detailed advice for you in terms of the procedure you should follow if you decide to make a claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 2 years ago.
Many thanks Ben:I do not believe that reporting him to the police for wasting police time would achieve anything as surely the police would have taken action against him should they have believed that to be the case. I think that I will go down the small claims court route.Despite not having a contract with him for the work, could I also sue him for loss of profit or for the balance that he would have owed me due the fact that he terminated my employment with him by bringing in the other firm midway through the job and then not allowing me access to recover my tools?
You could potentially try to do that but you would have had a duty to try and minimise your losses so that would have been done by you trying to find other work. A court would want to see efforts that you had tried to replace the lost work and if you cannot shoe that then claiming for that may be more difficult. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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