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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 15479
Experience:  Senior Associate Solicitor
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Can you please tell me where i stand with a so called

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Can you please tell me where i stand with a so called professional who done a job in garden to find out he is not a professional, done a bad job, conned my mum out of £385 and demanding £200 more or he has threatened to undo his dodgy work can not provide invoices or receipts as he says he is a traveller but says local
JA: Where are you? It matters because laws vary by location.
Customer: I am in scotland
JA: What steps have you taken so far?
Customer: None as of yet, just told him he isnt getting anymore money as he hasnt done what was asked or finished what he was ment to of done, just had him make threats towards myself and elderly disabled mum
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: He has over 4 months to do the job, made garden a mess,woukd appear for an hour n leave come back 2 weeks later with an excuse the wood hasnt been treated, jib hasnt been finished and my mum is petrified of him landing when she has nobody with het
Customer: replied 14 days ago.
He went through myself on facebook messenger not my mum direct as she doesnt have social media, when i asked for receipts or invoices he said he is a traveller and doesnt do them, his contract is between me and him on messenger and he done the job cheap so vat and tax wasnt added onto bill, The £385 was for supplies but he only appeared with untreated rough wood that would snap in your hands, hasnt provided what was agreed hasnt supplied the items needed and added £50 ontop for a 1.5kg bag of ready mixed cement, When i try talk to him he threatens my mum, he advertises as a professional
Customer: replied 14 days ago.
Can anybody reply to me please

Hello, this is Jim and welcome to JustAnswer.

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

If you paid a trader then the Consumer Rights Act 2015 applies and gives you strong protection. The law states that the work must be carried out with reasonable care and skill.
The issue you have is that you may have paid someone who has not fixed address, so suing them may be problematic. They are also threatening you and your Mother so my view is you speak to the Police on the 101 number to report them, or the 999 number if they are making imminent threats, and also report them to Trading Standards (https://www.tsscot.co.uk).
I presume you paid them in cash too - this gives you less protection as your bank or credit card company cannot recover the funds (a bank can charge back money if your consumer rights have been breached).
I would not recommend you sue them as you would need their full name and address, plus if they act like this I very much doubt a civil court judgment would have any effect on them.
I can only suggest you do not pay them and tell them you are speaking to the Police given their threats. That may make them think twice about returning.

Customer: replied 14 days ago.
Thank you

It's a difficult situation and not a hugely positive answer, I appreciate that. You may want to ask for a second opinion on the site which is not charged extra, which then gives you two opinions on what is a difficult matter.

I hope this answers the question. If you have any follow up questions then please do let me know.

Many thanks,
Jim

Just a final note that I am free most days and would be happy to assist with any other queries you may have.

Best wishes,

Jim

Customer: replied 14 days ago.
I shall and no phone thank you any advice on here will be brilliant
Customer: replied 14 days ago.
Your response really doesnt help me any?

Thanks, ***** ***** pop up option is automated by the site - sorry to hear it does not help - it was for that reason I suggested a second option.
As I have not helped you the site rules are that I have to opt out to let some else take over.
I will do that now, thanks

Customer: replied 14 days ago.
Ok it didnt tell me what if anything can be done good or bad sorry dont mean to sound rude
Customer: replied 14 days ago.
Sorry i just seen the response you sent, i didnt realise it was there, yeah he has an address and was paid bank transfer

No problem, not sure what happened there but good that you can see the reply.
OK so if you have their address then you can use the civil court for recovery of the money.

The first task is to send a letter before action to demand payment within 14 days and say that if they do not pay you, you will issue county court proceedings against them. See attached template as an example of what to say.

Assuming they refuse to pay, you would then need to issue a claim using the simple procedure in Scotland here: www.scotcourts.gov.uk/taking-action/civil-online-gateway/welcome2

For claims over £300 and up to £5,000 the court fee is £106. If you are in receipt of certain benefits you are exempt from paying the above fee. The fee exemption can be applied for at the above website.

Once you start the claim the Sheriff will register the claim and a timetable will be given to you to detail how the claim will proceed. For this size of claim you can easily do it yourself without a lawyer (or come back to this site for further guidance).

It should not take too long for the claim to finalise and like I say, you are in a strong position having protection from the Consumer Rights Act 2015.

(insert their name and address) (date)

Dear Sir,

Re: Claim for (insert sum)

LETTER BEFORE ACTION

I refer to the above matter and to the above sum which I paid to you on (insert date) in respect of (insert details for what the payment was for).

Unfortunately, the work was not carried out with reasonable care and skill, which is in breach of the Consumer Rights Act 2015. I now ask for a refund of the £385 which I paid by bank transfer.

This letter is being sent to you in accordance with Section 1 of the Simple Procedure Rules (Act of Sederunt (Simple Procedure) 2016 No. 2016/200).

I therefore put you on notice of my intention to issue court proceedings against you for breach of my consumer rights should I not receive payment in full by 4 pm on (insert date 14 days).

Should court proceedings be necessary I will claim the court issue fee and court interest in addition to the above sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

Customer: replied 14 days ago.
Thank you so much, apart from police is he in his rights to come back on property and remove and take the 'fence' down and remove it

Well, he has already breached your consumer rights, breached the contract and owes you money, so if he comes back without your agreement it would be trespass (the Police should be notified as he has already made threats). He could come back and take the fence down/remove it, yes. If he does that you may have a further claim if he causes more damage - if he causes damage it may be classed as criminal damage and the Police should be able to assist.

Customer: replied 14 days ago.
Okay thank you so so much, you have made my mum feel alot safer

No problem, I would recommend speaking to the Police now in case he comes back and causes damage - they will be ready and have his details if they need to act.
Thanks

JimLawyer and other Scots Law Specialists are ready to help you