Legal....

Discussion in 'Forum Announcements' started by Rickyrogue1, Jul 5, 2013.

  1. Rickyrogue1

    Rickyrogue1 New Member

    Joined:
    Jun 23, 2013
    Messages:
    75
    Likes Received:
    17
    Hi guys does anyone know as a private build , if the customer fails to pay what rights I have to go and UNDO , the work I have been doing for the last 20 weeks
    And remove materials what are still owed on accounts , of anyone can help it will be much apretiated
    Thanks
     
  2. navvy10

    navvy10 Well-Known Member

    Joined:
    Sep 3, 2012
    Messages:
    2,254
    Likes Received:
    969
    "sorry to tell you that you can't remove materials that have been used and now form part of their property as this could constitute theft or vandalism. Anything which is now attached to their property is theirs. You will have to raise a civil action for payment against them"

    Just googled it and you have no rights to remove the materials unfortunately and that action could jeapardise any further legal action you may take against the individual :(

    You need to send them a letter stating the circumstances and demanding the payment owed to date asking for a response etc. If they don't respond then that helps your case you will build against them to try to get your monies owed.

    Hopefully someone on here will know some more as I have been googling all this but lot's of cases of this out there unfortunately....
     
    #2 navvy10, Jul 5, 2013
    Last edited: Jul 5, 2013
    • Like Like x 1
  3. Rickyrogue1

    Rickyrogue1 New Member

    Joined:
    Jun 23, 2013
    Messages:
    75
    Likes Received:
    17
    Much apretiated , did it state anything about new build ? Because this is what it is
     
  4. Remal

    Remal It's ME
    Staff Member

    Joined:
    Jan 23, 2011
    Messages:
    14,565
    Likes Received:
    3,679
    knowing from my BIL if people give permission for jobs to be done to car's in the garage and they are not paid for them they don't get the bike until they get the money.


    So as you said this is a new Build bike? if you are adding to it for the customer and they can't pay for the bits then surely then no pay no parts? how can u have something that you have no paid for?

    Has the customer paid for anything on this new build?

    Will they not pay for the new parts?

    Was said parts agreed with the customer to be added at a extra price?

    lots to consider
     
  5. Repsol Rob

    Repsol Rob Elite Member

    Joined:
    Aug 26, 2011
    Messages:
    3,345
    Likes Received:
    1,162
    This is legislation for you........... I ve been self employed for many years, now running a small electrical contracting business, we ve been stung a couple of times.....Small claims yes we looked and after winning a case for 10K it was offered at £100 a month till account settled........... after 6 payments its stopped only to be bloody told we would have to pursue again through court.....we had already spent £2k on fees etc !!
    I almost throw up at the mention of this local s name............. but also have to live with my shame of what a 50p coin can do to a BMW 320........... ;)
     
    • Like Like x 3
  6. steve b

    steve b Active Member

    Joined:
    Dec 3, 2012
    Messages:
    970
    Likes Received:
    238
    unfortunately mate these guys are correct the minute you install lay build or do anything else to a property it belongs to the owner of said person
    if you remove any of sai items it is classed as criminal damage and you will be done,i am pretty sure this is correct but there are far smarter and more clued up guys than me on here so you will deffo get the correct answers.
    there are always ways to get youre money I find a chainsaw with ketchup on the blade ticking over next to me when I knock the door to ask for the money usually helps
    good luck mate don't you just love good ole uk always looking after the bone idle scrounging lazy tosser
     
    • Like Like x 2
  7. martinowen

    martinowen Moderator
    Staff Member

    Joined:
    May 29, 2012
    Messages:
    9,907
    Likes Received:
    3,680
    Remove his teeth, this may change his mind on paying!
    This is still allowed right ?
     
  8. lambeth longshanks

    lambeth longshanks Active Member

    Joined:
    Aug 19, 2012
    Messages:
    1,816
    Likes Received:
    713
    I've been stung before. Always the people who can afford to pay. Never the poor ones.

    Maddening. The law doesn't seem to favour tradesmen.
     
  9. Si.

    Si. God Like

    Joined:
    Jan 25, 2011
    Messages:
    4,852
    Likes Received:
    3,343
    And this is why small businesses go bankrupt, it's because of the scummy gets not paying up.... Knock on effect on employees etc, which ultimately leads to firms going tits.


    Good luck in getting your money dude, I feel for you on this.
     
  10. Rickyrogue1

    Rickyrogue1 New Member

    Joined:
    Jun 23, 2013
    Messages:
    75
    Likes Received:
    17
    Cheers guys , he's paid 60 k original quote of 90k
    Revised quotes at around 150 -160k
    Reckons he hasn't received the revised quotes in the post , accounts maxed at jewson , mkm, build base , screwfix
    Trade point
    Key line I tell him I'm ready for the next interim payment 3 weeks ago and Thursday , yesterday I pulled the lads off and demanded payment basically says that he's gonna take me to court for not completing his build , I say bring it on , I will win , let him waste his money the little dreamer , and all materials ( unfixed) unpaid for are still belonging to my company ! Kerchinnnngggggaaaaa he's gonna end up with nothing anyway when the lads fracture the pad hell have to start from scratch again ........ Full excavation time
    Thanks guys ill get a pic up soon
     
  11. glynn

    glynn Member

    Joined:
    Jun 12, 2013
    Messages:
    603
    Likes Received:
    158
    There's some right tossers out there, hope you get what you're owed.
     
  12. SIDEWAYS

    SIDEWAYS Senior Member

    Joined:
    Nov 29, 2011
    Messages:
    2,373
    Likes Received:
    900
    Well I have a mate who is a fence contractor. If he dont get paid on completion he takes the lot with him.One customer who knew his rights told him he legally can't do that.Bloody well watch me.The guy soon coughed up in cash when a cheque was agreed.He takes no chances.Unfortunately it is getting more and more frequent amongst alot of tradesmen down here just lately.Some people have done this to multiple tradesmen in their rental houses making it even more tricky to get their money.Local boys don't work for them even if they don't have work.
     
  13. coupe312

    coupe312 Active Member

    Joined:
    Mar 5, 2013
    Messages:
    546
    Likes Received:
    142
    sad, when thing go this way we do the same .... no cheque no report......
     
  14. Garyb

    Garyb Moderator.
    Staff Member

    Joined:
    Oct 11, 2011
    Messages:
    4,962
    Likes Received:
    3,587
    Real hard for anyone trying to get what's owed to them nowadays. the laws seem to protect the wrong ones.
    I do remember a time long long ago when I went out on a few deliveries, this one place was down for strictly cash on delivery, the owner had a bitbof a bad memory when it came to paying.
    Whilst making a show In front of his employees he came over the big I am and said in his best Boycey voice sorry boys it will have to be a cheque this month, quick as flash I said sorry mate, dad dropped your last cheque on the floor and it took two weeks to stop it bouncing. Don't know who was more pissed really, him or me having to load the lorry again.
     
  15. Alblade

    Alblade God Like

    Joined:
    Jul 10, 2012
    Messages:
    4,031
    Likes Received:
    2,632
    Ricky, may / may not be much help but a pal in MK is some sort of pricing / quantity surveyor / checks builds costs etc. (sure it has a term - sorry but desk jockey here)

    If he could be of any help get in touch
     
  16. Jimbo Vills

    Jimbo Vills God Like

    Joined:
    Oct 7, 2011
    Messages:
    9,877
    Likes Received:
    6,654
    What contract, if any did you sign up to mate? Jct minor works?

    Pulling off site, without following the correct clauses will prob do you more harm than good tbh, as will reclaiming any un-fixed materials as once they are delivered to site they become property of the client.

    Obviously he has been doing interim payments, if you have been issuing valuations on time, he's duty bound to give notification of intention to pay etc and failure to do so is in breech i
    Of contract which you can then cease work etc...

    All depends on what you've signed up too mate, but more detail and hopefully I'd be able to help.

    Also make sure your issuing your additional works under application in your variation account with substantiation. And covering any instructions he's given you with CVI's - providing you price them in line with your original quotes - he ain't got far to go!!

    Problem is, to defend your position, you need to follow the right channels and also make sure your paperwork is in order. Diaries are a huge weopon in any claim too.

    Hope it works out for you, don't do anything daft and despite what people say the law is there to protect you! As long as you use it to your advantage.
     
    • Like Like x 1
  17. Jimbo Vills

    Jimbo Vills God Like

    Joined:
    Oct 7, 2011
    Messages:
    9,877
    Likes Received:
    6,654
    Ps if you didn't sign up to anything you will be covered by the The Housing Grants, Construction and Regeneration Act, which is in place to ensure you get paid FAIRLY... For the works complete.

    Any contract that may be in place needs to be in line with it anyway as you can't have an illegal contract.

    As said dude, hope it works out for the best
     
  18. Rickyrogue1

    Rickyrogue1 New Member

    Joined:
    Jun 23, 2013
    Messages:
    75
    Likes Received:
    17
    No contract was ever sighned ...... Known the c*#t years !!!!! Offered him my contract he ripped it up and said " Ricky I've known you years"
    Bell end !! It will be a pile of rubble soon anyway because the lads aren't happy he mugged them off too
     

Share This Page