Revising A Builder Invoice - Am I being Unreasonable
Discussion
wildoliver said:
Well he's going to have to take you to court for the CCJ and unless he's a stealth Ninja builder I'd suggest quickly removing a conservatory roof without anyone noticing may be a challenge.
Plus it would involve forced entry to site & causing significant damage to the surrounding structure, which he is not entitled to do.An example - You can’t take back goods if it would be physically impossible to detach them – e.g. if your flour has been used to make bread, for example. You can’t take back your goods if you would have to destroy, or do serious damage to, the other product to do so. For example, you can’t recover your glue from a sofa if you would have to destroy it in the process. In both cases, ownership of your goods passes to the debtor when they are incorporated into the other product.
Edited by IN51GHT on Monday 22 December 08:30
IN51GHT said:
Plus it would involve forced entry to site & causing significant damage to the surrounding structure, which he is not entitled to do.
An example - You can’t take back goods if it would be physically impossible to detach them – e.g. if your flour has been used to make bread, for example. You can’t take back your goods if you would have to destroy, or do serious damage to, the other product to do so. For example, you can’t recover your glue from a sofa if you would have to destroy it in the process. In both cases, ownership of your goods passes to the debtor when they are incorporated into the other product.
That's all well and good in theory but stranger things have happened. I think it's time you took legal advice.An example - You can’t take back goods if it would be physically impossible to detach them – e.g. if your flour has been used to make bread, for example. You can’t take back your goods if you would have to destroy, or do serious damage to, the other product to do so. For example, you can’t recover your glue from a sofa if you would have to destroy it in the process. In both cases, ownership of your goods passes to the debtor when they are incorporated into the other product.
Edited by IN51GHT on Monday 22 December 08:30
Sounds like this is going to get out of hand as your both being hard headed imo.
I have heard of several stories where builders have sought retaliation for non payment by damaging the build. The one that springs to mind due to the time of year was a dads friend waking up on Christmas morning to find his freshly painted extension covered in splodges of black dye. The unpaid builder filled water ballons with black dye and took his anger out on the property in the night causing a repaint and ruining the UPVC frames.
Edit.
your last post sounds ominous.
I have heard of several stories where builders have sought retaliation for non payment by damaging the build. The one that springs to mind due to the time of year was a dads friend waking up on Christmas morning to find his freshly painted extension covered in splodges of black dye. The unpaid builder filled water ballons with black dye and took his anger out on the property in the night causing a repaint and ruining the UPVC frames.
Edit.
your last post sounds ominous.
barryrs said:
Sounds like this is going to get out of hand as your both being hard headed imo.
I have heard of several stories where builders have sought retaliation for non payment by damaging the build. The one that springs to mind due to the time of year was a dads friend waking up on Christmas morning to find his freshly painted extension covered in splodges of black dye. The unpaid builder filled water ballons with black dye and took his anger out on the property in the night causing a repaint and ruining the UPVC frames.
4 camera CCTV will help us if that happens.I have heard of several stories where builders have sought retaliation for non payment by damaging the build. The one that springs to mind due to the time of year was a dads friend waking up on Christmas morning to find his freshly painted extension covered in splodges of black dye. The unpaid builder filled water ballons with black dye and took his anger out on the property in the night causing a repaint and ruining the UPVC frames.
louismchuge said:
anyone else a bit weirded out by this whole thing?
Only by the idiots re-hashing ridiculous "how much can you charge?" arguments.You paid the bill OP.
The builder is clearly trying one on if he is making comedy "remove the roof" threats!
Just hold onto that in case he does go small claims with it.
Might make interesting reading for the part where they have to prove they tried to come to an amicable agreement...
This gets better.
Having hand delivered another invoice for the same amount yesterday, which I confirmed receipt of via email, the wife calls to say he's come around again today, banging on the door, then posts another (identical) invoice through the door.
To top it all off, he has just been to my workplace, I walk through reception to be confronted by him with, you guessed it, another identical invoice.
I simply said " I will no talk to you, I have explained my reasons to the boss, please leave"
The Police are now involved as in my opinion this constitutes harassment.
Having hand delivered another invoice for the same amount yesterday, which I confirmed receipt of via email, the wife calls to say he's come around again today, banging on the door, then posts another (identical) invoice through the door.
To top it all off, he has just been to my workplace, I walk through reception to be confronted by him with, you guessed it, another identical invoice.
I simply said " I will no talk to you, I have explained my reasons to the boss, please leave"
The Police are now involved as in my opinion this constitutes harassment.
This guy is doing an awful lot of chasing about for such a small sum, and one that he only has a very tenuous claim to.
Whatever has gone on between you in the past, now he's coming to your home and workplace you have to get some legal support to outline the reason why you don't feel you owe him any more money, and why this harassment has to stop.
Good luck
Paul
Whatever has gone on between you in the past, now he's coming to your home and workplace you have to get some legal support to outline the reason why you don't feel you owe him any more money, and why this harassment has to stop.
Good luck
Paul
sone said:
Jasandjules said:
sone said:
Unless the discount amount is defined I could see him coming back for more, he could simply say he's made an error on his invoice.
The discount is defined as a client deduction. There are (according to the information provided) no caveats on the deduction either. Therefore it would appear that an invoice has been raised by the builder and paid in full by the OP.
Job done.
Be interesting to know if the builders quote was an estimate or a quote as well as he could come back on the basis of it being an estimate.
I think people think there's a time limit on this as well, I recently had an invoice from Jewsons that was 15 months old for about 5-6k initially my response was to tell them to bugger off. I was advised to the contrary we had to pay, even though the error was theirs in the first instance.
IN51GHT said:
It was a simple invoice stating an amount due, the "customer deduction" then at the bottom the new amount with the deduction applied.
No caveats whatsoever.
You have to ask yourself why is he chasing you now, almost a year later? It's a relatively small amount to go totally nuts over like he is - I suspect he's in a right mess financially and is trying anything to get some money in quick.No caveats whatsoever.
What he's now doing is rather OTT, reporting him to the police was for the best. It sets the scene with the police, so if it does come to the worst and he gets caught in the act removing the roof, there'll be no doubt in what's going on.
If he want's more money out of you he should take the small claims route, I seriously doubt that he'll win if you present his original invoice as evidence.
mjb1 said:
What he's now doing is rather OTT, reporting him to the police was for the best. It sets the scene with the police, so if it does come to the worst and he gets caught in the act removing the roof, there'll be no doubt in what's going on.
If he's purely after some quick cash by chasing the OP, I doubt he'll go to the extremes of removing the roof, he'll just move on to something/someone else once he realises the OP won't hand over dosh. Same goes for the small claims court.This happened not far from me. Was proceeded by the flyers being posted to every house in a 2 mile radius.
http://www.dailymail.co.uk/news/article-1215301/Bu...
http://www.dailymail.co.uk/news/article-1215301/Bu...
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