Cheeky Plumber

[letzhaveit]

I had central heating system fitted by a plumber in oct 2010 it should of cost £3,300, I paid him £1000 up front and then when the boiler was fitted I gave him £1,500 leaving a balance of £800.

The Heating system was 90% completed and then the plumber never came back to finish the job, but in May 2011 contact me asking for the balance I told him he needed to come and finish the job and again never saw him.

He has now conatacted me now in Jan 2012 asking again for the balance I was just wondering where I stand legally....

Thanks for any advise.

[Sapphire]

Re: Cheeky Plumber

Hmmmmm how on earth can he ask for the money if he hasn't completed the work, off the top of my head I'd be inclined to tell him to go forth and multiply, but having my sensible head on, have you signed a contract or anything ?

[letzhaveit]

Re: Cheeky Plumber

No it was all done veral agreement and cash payments, there is still work needs doing and I was actually going to employ someone else to finish it in the summer but not sure where I stand with this matter.

[Sapphire]

Re: Cheeky Plumber

Yes I would think of doing the same, not sure about the legalities but morally he should have finished the job to your satisfaction before you completed payment.
Hopefully someone with further knowledge will pop along soon and confirm whether its legal or not to withhold payment.

[TUTTSI]

Re: Cheeky Plumber

Did you get the boiler fixed by another engineer and do you have evidence of payment made to complete the job

[charitynjw]

Re: Cheeky Plumber

As Sam Goldwyn once said, "An oral contract isn't worth the paper it's written on!"

In court, evidence is king & proof of a fact is vital.

That's not to say a contract doesn't legally exist; a contract can be 'verbal'

[letzhaveit]

Re: Cheeky Plumber

Just to make it bit clearer the heating system works there are a few faults and needs a remote control that was agreed in his quote also some pipe work needs finishing I think possibly about £300 worth thats why I was confused why he had not returned to do the work I did make a few phone back in 2010 but then got fed up and thought I was not chasing him any more as I am sure the amount I owe out wayed the work left.

So when he got in touch in May 2011 I was ****ed off he had left it that long but happy for him to finish and get paid, but now a year and a half later I find myself not so happy to allow him to come and finish the job and get the balance as I feel I should at least deduct some money in compensation for being with out the full use of the system.

But also have lost confidence in him too so that is why I am considering getting another plumber to finish it when the warmer weather is here.

I would just like to know if any one knows how I stand legally on this matter.

[Bill-K]

Re: Cheeky Plumber

As Charity says, Letz, even if there is no written contract, that doesn't prove that there was no contract made, or that one doesn't exist. But the problem with a verbal contract is in proving its' existence if you later need to enforce the performance of it by the other party to it.

Personally, I would now insist that all further communication with this guy is done in writing, and perhaps hint that he MIGHT get his money if he writes back - just to dangle the carrot. Argue as much as possible, forcing him to respond fully to a whole range of arguments. Eventually, you may then well end up with what amounts to his written admission that a verbal contract exists. From that point on, he can no longer say "Include me out !!!"

[letzhaveit]

Re: Cheeky Plumber

Well it was a text message I received from him telling me he would ring later to sort the outstanding payment, to which I replay that would be fine and that I had only been wating one and half years for him to finish the job.

so I have text messages but he still did not ring.

[Bill-K]

Re: Cheeky Plumber

Texts are better than verbal convo, but still difficult - or impossible - to save, in my experience.

I think you must use email and snail-mail from now on.

Why not text him your email addie, and ask him to "continue our negotiations" by email ? Reel him in, slowly, perhaps...

[Streetwise]

Re: Cheeky Plumber

No it was all done veral agreement and cash payments, there is still work needs doing and I was actually going to employ someone else to finish it in the summer but not sure where I stand with this matter.

Was he corgi registered at the time he installed the boiler,did he fire up the boiler ,has the log book for the boiler been filled in,regards Streetwise.:beagle:

[charitynjw]

Re: Cheeky Plumber

Was he corgi registered at the time he installed the boiler,did he fire up the boiler ,has the log book for the boiler been filled in,regards Streetwise.:beagle:

Now 'Gas Safe'

[charitynjw]

Re: Cheeky Plumber

This may help

The Supply of Goods and Services Act

http://www.f-bb.co.uk/tag/supply-of-goods-services/

[enquirer]

Re: Cheeky Plumber

Personally, I would now insist that all further communication with this guy is done in writing, and perhaps hint that he MIGHT get his money if he writes back - just to dangle the carrot. Argue as much as possible, forcing him to respond fully to a whole range of arguments. Eventually, you may then well end up with what amounts to his written admission that a verbal contract exists. From that point on, he can no longer say "Include me out !!!"

I did just this with a local authority. Bit by bit, I got them to damn themselves. Then I nailed them to the floor.

[Bill-K]

Re: Cheeky Plumber

I did just this with a local authority. Bit by bit, I got them to damn themselves. Then I nailed them to the floor.

Good stuff, and well done, Enquirer !!!