Dodgy Building Contractor
I purchased, supplied and fitted 7 interior doors into a property for a contractor. After all work is completed and property in the hands of estate agents for sale, contractor refuses to pay my invoice claiming that my work was sub-standard and that he had another tradesman take out, replace and dispose of my materials. He denied me access to the property to view, discuss, agree or remedy any problems. He has also sent to me an invoice for £2300.00, claiming that this is what it has cost him to have the other tradesman remedy my work by stripping out my materials, replacing them with new doors and disposing of them.
A friend has accessed the property as a prospective buyer via the estate agent and has obtained solid photographic evidence that the doors in the property are indeed the original doors fitted by me. They have not been removed and disposed of.
Has the contractor committed a criminal offence, and how should I now proceed?
Many thanks.
The contractor has not
The contractor has not committed a criminal offence (not one that the police would be interested in anyway).
Your only option is to issue court proceedings against him for the payment of your invoice in respect of fittings the door.
You can issue proceedings via the moneyclaim online website. This is relatively easy and cheap to do.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181<
Dodgy Building Contractor
Has the contractor effectively stolen my materials by stating that he has disposed of them when he has not?
Is the invoice sent to me by the contractor fraudulent, as the works detailed within it, and the removal and disposal of my materials is a falsehood?
No, the contractor has not
No, the contractor has not stolen your materials. If you didn't have a retention of title clause in your contract with the contractor then owneship of the materials passed to the contractor when you installed the doors etc.
It may well be fraudulent if what you have said is correct.
My advice remains the same though. You will need to issue county court proceedings against him.
I am a Legal Advisor employed by Sarginsons Law and specialise in Civil Litigation matters. I deal with disputes between individuals and businesses including Landlord and Tenant issues, debt recovery and property disputes.
Telephone 02476 553181<
Dodgy Building Contractor
Reply to Gerrard:
Many thanks for your advice to date, I have now issued as advised County Court Proceedings for recovery of the debt. However, the debtor has issued a counterclaim citing the invoice for £2324.57 sent to me for removal of my materials, remedy of my work and disposal of the removed materials, (the seven doors I fitted). I now have independent solid and dated photographic evidence that they are still in the property and have not been removed or altered in any way.
How best should I use this evidence? Declare it to the defendant now? To the Court now? Or keep it to present to the judge at the hearing?
I would be grateful for any advice. Many thanks.