Advise on threatening calls.

[Kittycat]

Okay stay with me here. I am posting for a friend who is in pieces about this.

Situation.
Her dad Steve is a tradesman and done a job for a lady. lady was happy, paid him and off he went.
That night he got a call from the ladies partner. He started swearing at Steve for the dodgy work, claiming it wasn't fit for purpose and needed tearing down. So Steve agreed to go back and have a look at the work and fix the mistake. The man was ok with that and a date was set.
The morning Steve was due to go back, he gets a call from the partner saying to never set foot into the house again, pay the money back etc and started threatening and swearing at Steve. Steve explained he needed to see the work but the man wouldn't allow it. He demanded his money back and Steve said he needed to see where he stood and get back to him.

Steve then received another threatening call demanding the money and claiming he would post an ad on gumtree (where the original ad was placed) telling people he is a fraud.
We have tried to tell Steve not to worry about the gumtree thing as Gumtree will not allow a post that threatens or has negative comments in it.

The real issue here is, we think he should be able to see the dodgy work before a refund is given. People wouldn't go into a shop with a faulty TV, demand a refund and still have the TV at home and refuse to bring it back!!!!!
He should not have to refund without seeing the problem and he shouldn't have to put up with the calls.

Is there anything he can do?

He only does odd jobs due to breathing issues and is in pieces about this. he doesn't want it to threaten his future jobs.
He WANTS to pay the money back to get the man off his back. So he is getting it together. But we think he shouldn't have to put up with the threatening calls and then he should be allowed to see the accusations.

[wales01man]

Re: Advise on threatening calls.

If the phone calls are threatening violence call the police,if the oartner says the work is substandard he would have to show proof either a report from a person competent in the work disputed or trading standards called in.i suspect steve carried out the work and was paid by one person without the others knowledge ,if he is satisfied the work was up to standard he should have no worries the guy doing the threaetning may have

[Jester]

Re: Advise on threatening calls.

Also, making remarks such as calling somebody a fraud, without evidence to back it up, is slanderous ... even on an internet site !!

[Kittycat]

Re: Advise on threatening calls.

Thats what we have said to him. He is being intimidated by this person. Maybe if he did post on gumtree we can get it as evidence!!!!

I think he should write an official letter asking for proof of the problems. if no proof can be forwarded then it will be taken to the police for the threatening and slanderous comments.

[bluebottle]

Re: Advise on threatening calls.

Work of the nature carried out in this case is governed by the Supply of Goods and Services Act 1982. However, the provider of the service must be given an opportunity to put right any alleged defective workmanship, otherwise no refund can be claimed. This would not apply in the case of a cowboy tradesman who has done a runner.

Get the work examined by an independent tradesman to confirm whether the work is satisfactory or defective. If defective, then the tradesman involved must be given the opportunity to put it right. If not, the customer's partner is not entitled to a refund, regardless of his threats. If the work is satisfactory, I would be inclined to get the police involved. My gut-instinct is that there could be potential offences of Obtaining Services Dishonestly as well as Blackmail.

Btw, I am a retired police officer.

[Kittycat]

Re: Advise on threatening calls.

That is kinda what my gut is telling me. That they are trying to scam him etc. Is there a law that can be quoted when demanding for evidence. We have been Googling for ages and can't seem to get anywhere!

[charitynjw]

Re: Advise on threatening calls.

That is kinda what my gut is telling me. That they are trying to scam him etc. Is there a law that can be quoted when demanding for evidence. We have been Googling for ages and can't seem to get anywhere!

Work of the nature carried out in this case is governed by the Supply of Goods and Services Act 1982. However, the provider of the service must be given an opportunity to put right any alleged defective workmanship, otherwise no refund can be claimed. This would not apply in the case of a cowboy tradesman who has done a runner.

Get the work examined by an independent tradesman to confirm whether the work is satisfactory or defective. If defective, then the tradesman involved must be given the opportunity to put it right. If not, the customer's partner is not entitled to a refund, regardless of his threats. If the work is satisfactory, I would be inclined to get the police involved. My gut-instinct is that there could be potential offences of Obtaining Services Dishonestly as well as Blackmail.

Btw, I am a retired police officer.

xxxx

[Kittycat]

Re: Advise on threatening calls.

been reading that law and can't see anything at this moment that says evidence needs to be provided. Its a rather heavy read!!!!!

[charitynjw]

Re: Advise on threatening calls.

http://webarchive.nationalarchives.g...page38337.html

If it should go to court, you would need to provide evidence (even if you are the 'respondent', there is a 'reverse burden of evidence' - documented facts to prove your side of things)

Btw, on above link, the Small Claims limit is now £10,000.

[Kittycat]

Re: Advise on threatening calls.

So the Burden of proof is on them to provide the evidence of the accusation.
As for the reverse burden of proof............Steve has to prove it wasn't dodgy right?? Which he can't do as they wont let him see the work.

[bluebottle]

Re: Advise on threatening calls.

Although the general principle in English Law is that the accuser must prove, in practice, both sides must prove their respective cases. There are exceptions to this - reversed onus - but this will normally be stipulated by the relevant statute.

In a case such that outlined by the OP, the claimant would have to demonstrate that the workmanship was defective, in what way and that the tradesman had failed to put it right. However, if the claimant has prevented the tradesman from inspecting and rectifying any alleged defective workmanship, then any claim should fail as the Supply of Goods & Services Act 1982 requires that the supplier of the service must be given an opportunity to rectify any alleged defective workmanship. The remedies under the Act would only kick in if the tradesman fails or refuses to rectify any genuinely defective workmanship and, then, redress is restricted to the cost of completing any unfinished work or rectifying any defective workmanship.

Has the customer's partner described in what way the workmanship is defective? If he has not done so or refuses to do so, this may impact on any claim he tries to pursue. As for legislation, in addition to the Supply of Goods & Services Act 1982, the Civil Procedures Act 1998 requires disclosure and the parties to a civil claim to attempt to resolve their dispute without involving the courts.

The customer's partner is, in my view, treading on unsafe ground and needs to start engaging brain and complying with law, otherwise he may find himself the defendant and it may not be a civil court he may find himself appearing before.

[charitynjw]

Re: Advise on threatening calls.

Customer's partner - "I know my rights!"...................................NOT!!

[bluebottle]

Re: Advise on threatening calls.

Customer's partner - "I know my rights!"...................................NOT!!

True. My gut-feeling is that the customer's partner is heading for a heavy fall... and I wouldn't mind betting it ain't half going to hurt when he does fall. He would do best to stop behaving like a total prat and starting engaging with the tradesman. Failing that, he should shut up.

[charitynjw]

Re: Advise on threatening calls.

NB: For all our younger viewers, **** = 'hell' :whistle:

[bluebottle]

Re: Advise on threatening calls.

NB: For all our younger viewers, **** = 'hell' :whistle:

Bloomin' 'eck, Charity. You been doing tests for ESP or something?