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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 13583
Experience:  Senior Associate Solicitor
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I did a bathroom for someone around 4 weeks ago that I got

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Hello I did a bathroom for someone around 4 weeks ago that I got to a snagging stage. The process would have been for the customer to pick any faults with the job then allow me to put it right then pay me on completion. However they refused to let me complete the bathroom and gave me £2300 in cash of the £3840 agreed before the job started, and would not allow me to complete the work. They have now rand me and demanded I give them some money back and are stating there are damages around the house that I apparently caused. Where do I stand with this?
JA: Where are you? It matters because laws vary by location.
Customer: Nottingham
JA: What steps have you taken so far?
Customer: With regards ***** *****?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing I can think of

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

The Consumer Rights Act 2015 applies. It states that if remedial works are required, then you are entitled to return to attempt one repair. You were not given that opportunity so if the customer were to sue for their money, they would lose the claim in my view. They need to prove you caused damage around the house too - the onus is on them as a claimant to prove you damaged the property in some way. As it stands you should refuse any refund. Unless there is some truth in what they are saying.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived. The application costs £255 but this is recoverable if your application succeeds.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record. But certainly I think you would succeed in a defence, just to be clear, based on the facts in your question.

I can assist you going forwards if it gets to the point they issue a claim though as we are an internet forum (not a law firm), we can only give information and guidance from a legal standpoint.

If you need a law firm to assist you to defend the claim, here is an example for you and they offer a fixed fee :

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

JimLawyer and other Law Specialists are ready to help you
Customer: replied 12 days ago.
I have photos of how I left the bathroom and a receipt written by the customer stating I have been given the cash, although there is no signature on my copy, the receipt also states work not complete. I carried out some electrical work which involved me removing an electric shower and disconnecting a feed in the bathroom and terminating it in the roof space, they asked me for my electrical certificate which I do not have, at the end of the job when they refused to pay me not before any work was carried out I know a few electricians who told me I do not need a certificate for minor alterations.
Customer: replied 12 days ago.
Hi couldn't hear you on the phone

Thanks, ***** *****'t me calling - it would have been another expert.

Customer: replied 12 days ago.
Ok no problem, what's your thought on my previous question?
Customer: replied 12 days ago.
I have photos of how I left the bathroom and a receipt written by the customer stating I have been given the cash, although there is no signature on my copy, the receipt also states work not complete. I carried out some electrical work which involved me removing an electric shower and disconnecting a feed in the bathroom and terminating it in the roof space, they asked me for my electrical certificate which I do not have, at the end of the job when they refused to pay me not before any work was carried out I know a few electricians who told me I do not need a certificate for minor alterations.

Thanks, ***** *****'t see it as an issue as you were only performing minor works, not major ones where a certificate is required. You also have photos so that will be used as evidence to support your defence, if they pursue you further over this.