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Company did not mow lawn properly, paid anyway, looking to make a money claim

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  • Company did not mow lawn properly, paid anyway, looking to make a money claim

    England

    I had a lawn mowing company knock on my door and quoted me to trim and clean my front yard (quite overgrown) for £60. I usually don't accept the offers of door knocks but it was much needed work at a similar price I pay my usualy contact for this (he is usually quite busy) and it was convienent. My wife is the one who answered the door and the guy gave her his number to pass on to me.

    I contacted the guy and two days later his father shows up to carry out the job. After an hour the father says he is done - I have a look and I'm quite shocked, it is so poorly done. I asked him to clean up the sides and he does it barely. He said he was done - I really didn't want any confrontation so I paid him (was going to tip but quickly changed to the agreed amount).

    I expected him to at least clean up - lots of grass clippings left on the neighbours drive and a lot of the clippings hid the extent of how much was done. There was still a lot of mowing left, including weed growing out the concrete (it really is disguised by the clippings). I regret paying and not having properly checked.

    I contacted the original guy via whatsapp business and he said he would speak to his father. In my message, I said

    "Hey, your father came and did my lawn earlier I believe.

    I have to be honest and say it's quite a poor job, quite shocking really but I paid because I wanted to avoid confrontation.

    But you can see it's left in quite a bad state, honestly looks a bit worse. There was grass left all over the place including my neighbors drive which I had to go clean up.

    I usually pay a guy £70 who cleans it up properly, gets all the weed growing out between the concrete and takes away the cuttings also. I've not done so lately because I've been very preoccupied (my wife you spoke to has stage 4 lung cancer) and I took you up on your offer since you knocked."

    He said the price did not include clean up which I disagree (and even then, he left it all over the neighbours drive - I have a video of me cleaning it up shortly through my video doorbell).

    After further delays of non reply, I said I would take court action if their is no resolution. He has now come back to me saying to take it to court.

    It's not much money but I really dislike what he's done here and I'm sure he's done it to others.

    I am concerned that my payment meant acceptance of the job. Do I have a chance here? I have pictures and videos of the way it was left - it's not a complete job, it's a complete mess.
    Tags: None

  • #2
    live and learn
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      Sorry could you elaborate on that

      Comment


      • #4
        Your original instinct was right, don't buy from people you've never heard of who knock on the door and then want paying in cash (I'm guessing you did pay them in cash?) .And with no written contract or recording of an oral contract you have no evidence what was agreed about about whether clear up was included or the scope of the work.

        It's not worth the hassle of trying to get your money back. Even if you won I'll predict you won't get the money out of him.

        Chalk it up to experience.

        If you have something like a street/neighbourhood Whatsup or similar private group put your experience and photos on there as a warning to others. Keep it factual and accurate though.
        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

        Comment


        • #5
          https://www.merriam-webster.com/dict...%20and%20learn
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            I understand.

            It is less about the money and more about principle. I'd be willing to make a claim even if I won and was not paid but need to understand my chances of winning.

            Let's say cleaning up was not part of the agreement. I would still think to essentially litter the neighbour's drive (there is a small wall separating their drive from my lawn) is their responsibility to clean up. And finally, they did not complete the job. It's not obvious from my door but when you go to the other end, I mean I don't even know what to say: https://ibb.co/cYT9ct4

            I don't want to keep using my wife's condition for every aspect in my life but genuinely I'm distracted and didn't check properly and again did not want confrontation at that time.


            ​​

            ​​

            Comment


            • #7
              OK. What evidence do you have of what work was agreed for the price?
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Exactly. He will say that he told you what he would do and he did it. You will say he did not. He will say you said you were happy to clear up hence the "cheap" price. With no written agreement there is little to be done. You could warn others against using this person if there is a local forum.

                Comment


                • #9
                  ​​​Re the clean up, sure, no evidence.

                  But when someone offers to mow your lawn, I don't believe the norm is to cut half the height of the lawn. I think it's reasonable to assume the grass will be cut to ground level-ish, not 20cm up.

                  ​​​

                  Comment


                  • #10
                    You sound determined to escalate this matter to court, (altho 'all advice is not to) so suggest you read Chapter 4 of the Consumer Rights Act 2015 (https://www.legislation.gov.uk/ukpga...ntents/enacted)

                    Comment


                    • #11
                      hold on chaps, we are now being told that the guy offered to cut the grass and only cut it to 20cm. I think it reasonable to suggest that cutting the grass means cutting it to 5cm or lower.

                      To the OP: what are you seeking to achieve through court action?
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        I don't like the idea of him getting away with it and don't want him to think that he can.

                        Obviously if I lose then he does.

                        I'm listening to the comments, I would like to take it to court but the comments are swaying me. I have spoken to the guy to come to a resolution but he seems to be ignoring my comments about the trim level and told me to raise a claim so that's a dead end.

                        I'm actually not sure what happens if I win and he doesn't pay - he wouldn't get a CCJ right? If I tried to pursue it, would more costs be added on that he needs to pay?

                        Comment


                        • #13
                          I'm old school. Is OP saying gardener left grass 8 inches high? He shouldn't have paid. No chance winning a court claim Is this thread a joke?

                          Comment


                          • #14
                            Originally posted by legalfun View Post
                            I'm actually not sure what happens if I win and he doesn't pay - he wouldn't get a CCJ right?
                            He would not get a "CCJ right". If you win you would obtain a judgement against him. Unsatisfied County Court judgements are registered and usually show up on credit records.
                            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                            Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                            Comment


                            • #15
                              Pezza54 I'm here for advice. As bizarre as it is, your sarcasm is not needed and you're not forced to comment

                              Comment

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