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Ben Jones
Ben Jones, UK Lawyer
Category: Scots Law
Satisfied Customers: 61193
Experience:  Qualified Solicitor
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I have a issue regarding payment to a tradesman. Can you

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I have a issue regarding payment to a tradesman. Can you advise?
Assistant: Where are you? It matters because laws vary by location.
Customer: Scotland
Assistant: What steps have you taken so far?
Customer: None. The incident only occurred this mirning
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: There has been no work done and I asked 5he tradesman to leave the house

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. Firstly, I need to ask some initial questions to determine the legal position.

Why hasn't he done the work and how long has this been going on?

and what is your specific question in relation to this please?

Customer: replied 12 days ago.
I agreed a quote online with a plasterer. He didn't come to the house he requested I took photos and send so I did.
He informed me that by the age of my house I had asbestos in my ceiling artex but went on to make an agreed time and date to do work.
He was an hour late, which made me late for my own appointment, and on arrival proceeded to complain about the asbestos and the fact I still had some furniture in the room. He had emailed that it should all come out. The few bits left I assured him we would move for him as the work progressed but he continued to complain about the furniture, the asbestos and the fact that there were one or two tears in the ceiling tape. I said,
It's clear you don't want to do the work so why don't you just leave. He did leave but has now billed me for 2 hours work
Do I have to pay him?
Customer: replied 12 days ago.
No thanks, to the phone call

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. From what happened, I would say that it was somewhat premature of you to terminate your relationship with him and to no longer proceed with him. Whilst you have the right to do that at any time, you may still be liable for any of the time he has spent with you, up to the time he was told to leave. So if he is billing you for 2 hours of his time but did not spend that long at your property, then he cannot realistically claim that from you. On the other hand, if he did spend that amount of time, or more, trying to resolve these issues before you told him to go, he could bill you for the time he was there, even if he did not proceed with the work.

 

Either way, you could always consider refusing to pay him, on the basis that the only way he can force you to pay is to go to court and win. He may never go that far and if he did he may not necessarily win. So you could take the risk on the assumption that won’t happen but it is your risk to take.

 

Does this answer your query?

 

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 11 days ago.
Yes thanks

All the best

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