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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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I hired a contractor to do work that has been done badly

Customer Question

Hello. I hired a contractor to do work that has been done badly (Broken). I paid the contractor some through bank transfer and some in cash. I do not have a recipt for the cash part. I would like to claim some money back from my contractor but am unsure if can without a recipt. I do have a message from the contractor showing what is left to be paid and it is a very small amount. Is this enough prof that i do not owe more. Thank you.
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

With the amount of money that was paid in cash appear on your bank account coming out for that specific payment? How much money are we talking about here?

Are you saying you paid him money and now it’s going to cost you more money to this right?

Customer: replied 1 year ago.
I can show that i withdraw money from my account to pay the contractor, however i withdraw money in two or three amounts due to the withdrawal limits by bank. I paid 18000 pounds by bank transfer and 10000 pounds in cash. In order to correct the work it will cost me roughly 8000 pounds more.
Expert:  F E Smith replied 1 year ago.

The usual way of dealing with this would be for you to get the work corrected and then to sue the contractor for the cost of putting the work right .

The contract has done some work, albeit badly and therefore is entitled to keep some of the money although, if it costs more to put this right than you paid, he is liable to pay you the full amount even if that is more than you paid him.

Provided you have some proof that the will large withdrawals in cash which were not common during the course of the conduct of your account, I would not worry about the fact you do not have a receipt. The court will decide the issue on the balance of probabilities and with large withdrawals of cash being made from the bank at the time the builder presented his Bill to you, the court is likely to conclude that this money was to pay that bill in whole or in part.

Can I clarify any points arising from this?

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Best wishes.