Trades to Site - a Warning

[JD Hogg]

Just thought I would post a warning about this company, They are a facilities management company based in Oxfordshire and I got a call out of the blue from someone called **** ******** a couple of months ago. He wanted me to do a couple of jobs at an opticians in Bath, it actually fitted in with my schedule quite nicely so I agreed to carry out the work the day they wanted it done. They said I would be paid within seven days of submitting my invoice so I submitted my invoice for a very reasonable price and that's the last I have heard from them. I have phoned them numerous times and emailed them but no response.

Next stop small claims court

 

[jtsplumbing]

Has the Co closed down ??

 

[jonnyswamp]

If they are not too far away from you, pay them a visit
If they've dissappeared, forget it and move on
Or get one of the web detectives on here to track him/them down and have a bit of fun with them
Like order a lorry load of shyte or something to their address

 

[DaveTidy]

Sell the debt to a debt collection agency as they just keep adding their time and then take goods to the value of etc. Always nice as they start with the computers to stop the company working!

 

[AWheating]

I would avoid doing any work for somebody who phones out of knowhere. If you need to then insist on upfront payment of 60-80%.

 

[rpm]

If they are not too far away from you, pay them a visit
If they've dissappeared, forget it and move on
Or get one of the web detectives on here to track him/them down and have a bit of fun with them
Like order a lorry load of shyte or something to their address

Bulbs, make it flower bulbs for a garden! Ray knows all about that happening. :grin:

(Should add in his case it was a mistake over the amount ordered)

 

[JD Hogg]

OK I still haven't been paid or received a reply to a recorded delivery letter I sent a few weeks ago. Has anyone out there ever taken a company to small claims court? I'm not sure if it's really worth it?

 

[Jay The Plumber]

OK I still haven't been paid or received a reply to a recorded delivery letter I sent a few weeks ago. Has anyone out there ever taken a company to small claims court? I'm not sure if it's really worth it?

I have done it, based on that experience, I wouldn't do it again unless it was a larger amount of money.. a grand or more.

 

[Dotty]

Please don't post personal information of the people involved with this company on this forum.

Neither the Forum, it's owner, nor the management team of admins and moderators wish to be dragged into a libel case.

Thank you.

 

[gassafe]

Go to the opticians & undo any plumbing works you did!! That's what I'd do !

 

[Radioman]

Go to the opticians & undo any plumbing works you did!! That's what I'd do !

Unfortunately that would be criminal damage.

 

[Radioman]

OK I still haven't been paid or received a reply to a recorded delivery letter I sent a few weeks ago. Has anyone out there ever taken a company to small claims court? I'm not sure if it's really worth it?

Fortunately the law has changed since October 2015. Have a chat with the CA or just check out the web site. The system is much simpler than it used to be. Follow the menu and you will stand a good chance of winning if you are in the right. The only issue, if you win, is getting the money from a limited company but you will have the satisfaction.

 

[NickDavies]

"Title of the goods does not pass until paid for in full" these are the simplest express contractual terms you must use in order to lawfully justify the reverse engineering of work and materials you have previously installed but not been paid for.

 

[NickDavies]

It's not exactly out of Sun Tzu's "The Art of War" but very often by the time you have to threaten someone it's already too late, so just start carefully removing, making sure to isolate the mains, terminate connections & cap off neatly : )

 

[lame plumber]

It's not exactly out of Sun Tzu's "The Art of War" but very often by the time you have to threaten someone it's already too late, so just start carefully removing, making sure to isolate the mains, terminate connections & cap off neatly : )

still criminal damage

 

[Radioman]

"Title of the goods does not pass until paid for in full" these are the simplest express contractual terms you must use in order to lawfully justify the reverse engineering of work and materials you have previously installed but not been paid for.

Sounds easy? Not so! As the OP was acting as sub contractor for an agent his contract was with the agent not the end user. To reverse engineer the work carried out he would need to get the permission of the end user to enter the premises and carry out the work. He cannot just storm in and do it. A quick call to the police would result in him being removed by said force at the very least, charged with criminal damage and or breaking and entering and crim damage at the very worst.
What he could do is find out if the business has paid any money to the contractor and if so how much and if not why?

Also, a quick check with companies house should establish if the business is Ltd, still trading, names of directors, any CCJs awarded etc.

Cases like this are very frustrating for sole traders and I would advise you all to brush up on the changes to the latest changes to the Consumer Rights Act October 2015. If you are to have any chance in legally claiming monies from customers you must follow the correct procedures for estimates contracts explanations of cancellation rights, terms and conditions, etc. Failure to miss out on what is now the customers rights will result in a claim being denied. Get the paperwork right and your chances are much better.

More info http://www.which.co.uk/consumer-rights/regulation/consumer-rights-act

In particular pay attention to the section on what is now considered in law to be "service" and what is expected of the contractor.

One important change is the consumers rights against the retailer for the first 6 months of ownership. It's worth mentioning that it is the business that invoices the customer last who is the "retailer" not automatically the wholesaler. So if you buy a shower from Plumbase and then invoice the customer for the shower, you become the retailer. For this reason many operators are now asking the customer to deal directly with the wholesaler or retail outlet.