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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 60585
Experience:  Qualified Solicitor
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I just had a job completed by a builder and I paid him all

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Hi i just had a job completed by a builder and I paid him all balance in full in cash and he had billed me for another £1500 saying I still owe him this
Assistant: Where are you? It matters because laws vary by location.
Customer: Glasgow
Assistant: What steps have you taken so far?
Customer: It just happened now
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: So none yet
Customer: replied 1 month ago.
Is any one there?

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

What is the extra for?

Customer: replied 1 month ago.
The payment we agreed was including this work, but now he’s received payment he says it’s still outstanding
Customer: replied 1 month ago.
It’s a shop fit
Customer: replied 1 month ago.
He gave a time of 2 weeks, but the job took more than 5 weeks and he asked for £4500 more than the original price which I agreed and paid, but today he gave me an extra bill
Customer: replied 1 month ago.
He refused to give my keys back for the shop

SO was this extra payment ever agreed and do you have any proof of what was initially quoted and agreed between you and him?

Customer: replied 1 month ago.
I have a quotation of the original work

And this extra payment is not mentioned there?

Customer: replied 1 month ago.
163;1500 invoice was not agreed before he gave that today
Customer: replied 1 month ago.
No it’s not

And sdo you have evidence of the further conversations you had with him about extra payments which also did not mention this?

Customer: replied 1 month ago.
It was all verbal and paid in cash
Customer: replied 1 month ago.
I was paying him in instalments 25% at start 25% the week after and the rest on completion
Customer: replied 1 month ago.
But on Monday he asked for £4500 more. I was due to pay him £5500. So I agreed since the job had took a lot longer and they have been working non stop I’ll pay them£4500, so I paid £6000 on Monday and £4000 today. But after receiving the money, instead of giving me the invoice he gave me another bill for £1500 stating this is extra work aswell and it needs to be paid for and I have 7days to pay it
Customer: replied 1 month ago.
Ben you still there?

Ok thanks. When a person enters into a contract for work and materials, where the main focus is labour and skill, the Consumer Rights Act 2015 says that the work must be:

· Provided at a reasonable cost (unless a specific price has been agreed)

In addition, any information exchanged in communications between the parties, whether written or verbal, is binding if the consumer relies on it. This will include quotations and any promises about timescales or the results to be achieved.

If there are problems with any of the above, the customer will have certain rights:

If there are cost disputes, for example the trader asking for additional money either during or at the end of the work, consumers can potentially challenge these. Ideally, it is preferable to have a written agreement in place, setting out what price was agreed and what for, so that both parties can refer to it. Assuming that does not exist, if the consumer knew that any extra work was being carried out and let the trader continue, a reasonable price would need to be negotiated for it as it may not be possible to completely refuse to compensate them for it. This should however, prevent them from charging for work which was not agreed or communicated, or if the costs are clearly becoming unreasonable high when compared to the original quote or what is considered reasonable in these circumstances.

As he is the one after payment, the ball is in his court. You can of course refuse to pay anything based on the above principles and if he disagrees with that, it is up to him whether to take it any further. If he did, then it will just be a case of making a claim under the Simple Procedure in the Sheriffs court but he has to prove that he has a valid and legitimate claim and that may not be easy in the circumstances.

Does this answer your query?

Customer: replied 1 month ago.
if o refuse to pay the extra bill he can get sheriff officers, he has stayed already if I don’t pay he will get sheriff officers hence the 7 day time

he has to make a claim, go to court, prove he has a claim and win before he can try and force you to pay anything

Customer: replied 1 month ago.
The original quotation was for £10000 for 2 weeks work but since it took 5 weeks he wanted £4500 more.
Customer: replied 1 month ago.
He still has a set of keys for my property. Can he enter and cause damage to it?

No he certainly cannot because that would be criminal damage and trespass and can be reported to the police who will deal with him

Customer: replied 1 month ago.
Because he has threatened to do so? He said I have the keys and it won’t be forced entry
Customer: replied 1 month ago.
I will get the locks changed, just for safety
Customer: replied 1 month ago.
He said he will rip all the work apart that he has done and he is entitled to do so

It may not be forced entry but he has no legal right to be there so it will be trespass and criminal damage still

Customer: replied 1 month ago.
Ok, thanks a lot for your help
Customer: replied 1 month ago.
Can I ask one last question please

Sure

Customer: replied 1 month ago.
Thanks, ***** ***** ***** ***** money he has received in cash, can he says he hasn’t received it. Obviously if I wasn’t paying him he wouldn’t be doing the work.
Customer: replied 1 month ago.
Because he is a rogue builder, this is causing me great distress
Customer: replied 1 month ago.
He hasn’t claimed to do so, he’s gave the extra bill, but hasn’t mentioned any previous balance owed

ok and what is your query about this please?

Customer: replied 1 month ago.
What if starts claiming that I haven’t paid him anything, because I don’t intend on paying the £1500 bill, I think he should not be allowed to do this to customers
Customer: replied 1 month ago.
Can I report him somewhere? He should not get away with this

No of course he shouldn’t, but it does not stop him – certainly does not mean he will succeed in anything though. You can report his to Trading Standards if needed

Customer: replied 1 month ago.
Ok, that’s reassuring, thanks a lot for your help

All the best

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