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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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I’m currently building an extension for a customer, this was

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Hi I’m currently building an extension for a customer, this was supposed to com win at £30.000
Assistant: Where are you? It matters because laws vary by location.
Customer: We have had loads of issues with footings having to be bigger so extra money, wore dirt taken away more money customer upgraded bathroom had extra sockets, electrical work done and the list goes on she has currently paid the £30000 but the build is not complete and there’s money still owing to window company total £2900 customer said she isn’t paying more the window company now threatening to take me to court for amount owing
Assistant: What steps have you taken so far?
Customer: Northamptonshire
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: I am currently writing up how much has been spent on what on a spread sheet to show what was priced and what extras have been added and why the budget has exceeded

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you today.

Has the window company given you a timescale before they issue a court case. From what you say you can defend the claim - the court will send you a response pack (see attached).

Mediation is an option but the window company has to agree to participate for it to work.

Would you like details of the court procedure or the merits of your defence?

Customer: replied 11 days ago.
I rang the window company this morning to explain the situation. He said he is not interested and has told me I have to pay the total amount owing by Tuesday, if not he will come to my house and then start court proceedings on the Wednesday. (The windows were fitted on 18th December 2019)
I ideally need some advice on who is liable for this amount - me or the customer? Where I stand legally with the customer and the rest of the build due to overspending. Information about the court process would be useful and any advise about defending this claim.

What's he threatening to come to your house for?

Did you commission the window fitter? Is there any contract in place (a signed contract)?

Customer: replied 11 days ago.
To get paid apparently, and said I must have assets?? Not sure what he meant or why coming to my house would achieve anything

No, and there is no need for him to visit you. You can contact the Police on the 101 number if he turns up and causes a problem.

The customer should be liable for the window fitter's invoice but like I say, it depends what was agreed and whether you would settle the invoice then bill the customer or whether the customer is liable directly

Customer: replied 11 days ago.
I have financially come at a loss because of this job I have worked with taking a wage for past couple of weeks my business account has had payments bounce

If he sues then there is an option for you to defend the claim and then counter claiming against the customer. He may decide to sue both of you though if it's unclear who is liable for the payment.

I recommend you tell him not to visit you (if he does, you will call the Police, etc) and that he pursues the customer who is ultimately liable for his payment.

Customer: replied 11 days ago.
The customer has normally transferred money to myself and I have paid for the materials and labour as we have gone through the job however she know says she has no more Monday and that the£30000 is all she is paying
Customer: replied 11 days ago.
But is still insisting the job is complete,

OK, but the customer is liable for the window fitter. The customer must have known the window fitter carried out works to the customer's property?

Customer: replied 11 days ago.
I haven’t taken a wage, left to do on the job is tiling floor which again is more money than quoted expensive tiles have been chosen, outside slabbing again wants more expensive slabs I am putting it all in writing to customer for Monday morning hopefully she will look over and go from there
Customer: replied 11 days ago.
Yes she lives there and knows what’s going on the window man has visited her and asked for payment, Karen then said to see myself as she has paid £30000 and that’s all she had

Yes, do you want to come back to me once you have spoken to them? I still think the customer is liable here (not yourself).

Customer: replied 11 days ago.
Thank you Jim I will

No problem, we can speak then. In the meantime if you can please give a positive rating by clicking 5 stars (at the top of your screen), I can answer any follow up questions at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

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