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Plumber - Contract

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  • Yvette123
    started a topic Plumber - Contract

    Plumber - Contract

    Hope somebody can advise me here, please.

    My tenant had a problem with a plumbing and I said that I would send somebody around to fix it.

    He said that he knew a plumber and did I want him to get me a quote? I said yes.

    Tenant said that plumber quoted £120. I said that was OK if he could do it at that price.

    Tenant says that work was done, but problem was not fixed, and then said that plumber actually charged him £280, and is demanding payment, and has sent me a letter threatening court action. There was never any discussion of him paying the plumber directly, he won't send me a copy of any paperwork from the plumber, or any other proof of payment, or tell me which plumber he used.

    I have inspected the work and it does seem that something was done, but it looks like a bodge job to me and has not fixed the problem.

    I have now had another plumber quote for the job, for over £300.

    My problem is understanding who I have a contract with, and whether I am liable to the tenant (for either £120 or £280).

    Can anybody provide any clarification please?
    Tags: None

  • echat11
    replied
    Originally posted by AAC0712 View Post
    If they have given you the invoice or receipt, their address will be on it. When you are hiring local workers like this, take a photocopy of their license. One of my friends hired a plumber and after some work, they asked for the payment and ran away. So check whether the work has made any progress or if it is properly working. After that only you should pay them. Issuing a claim is easy with the new system. There is a possibility that the plumber you hire might give you the money back because it will be a more serious issue for him when it goes to court.
    It's very enterprising to generate business, but this is a UK forum, when we book a plumber, I take it that you will pay the air fares each way once the job is completed.

    Leave a comment:


  • AAC0712
    replied
    If they have given you the invoice or receipt, their address will be on it. When you are hiring local workers like this, take a photocopy of their license. One of my friends hired a plumber and after some work, they asked for the payment and ran away. So check whether the work has made any progress or if it is properly working. After that only you should pay them. Issuing a claim is easy with the new system. There is a possibility that the plumber you hire might give you the money back because it will be a more serious issue for him when it goes to court.

    Leave a comment:


  • echat11
    replied
    Originally posted by HMSD View Post
    I recently moved to Dubai and I searched for a plumber in Dubai to set up the cistern problem of my house. But after completion of the work the plumber demand more money. What should I do?
    This is a UK forum, maybe find a local forum that can help.

    Leave a comment:


  • HMSD
    replied
    I recently moved to Dubai and I searched for a plumber in Dubai to set up the cistern problem of my house. But after completion of the work the plumber demand more money. What should I do?

    Leave a comment:


  • wales01man
    replied
    Originally posted by des8 View Post

    Would that sunshine coast be sarfend or bognor?
    No Poppit sands Des

    Leave a comment:


  • des8
    replied
    Originally posted by surfius
    Agree with you, That s a lot for o plumber. I had a leakage in my bathroom and immediately find an experienced Plumber sunshine coast, at a fair price and to be sure To make a contract with them for not having problems later... I think everybody needs qualified plumbers from a legit company like this one I find https://refinedplumbingsunshinecoast.com.au/. Because Having problems at the level of illegal proceedings must be annoying...for that I suggest you to deal with serious companies☺️
    Would that sunshine coast be sarfend or bognor?

    Leave a comment:


  • Manxman
    replied
    Search for "lawyer Dubai"

    Leave a comment:


  • scarlet1
    replied
    I recently moved to Dubai and I searched for plumber Dubai to set up the cistern problem of my house. But after completion of the work the plumber demand more money. What should I do?

    Leave a comment:


  • ostell
    replied
    He is not permitted to just provide the paperwork at court,

    Leave a comment:


  • Yvette123
    replied
    Hello.

    I just wondered if anybody had any thoughts on the start of my defence drafting above.

    Also, I wondered if anybody could please advise on the impact of the CPR 31.14 letter, if the tenant continues to refuse to provide the information.

    If he eventually provides paperwork to the court, does it matter if he did not provide it (and actually refused to provide it) in response to the letter?

    If he does now provide something to me, and I agree to pay him (either the £120 or £283, or some other figure) will I therefore be admitting liability to the claim, and what does that do in terms of the claim and judgement and costs?

    Or, does my liability only begin once he actually provides me with the paperwork? So can I see "I agree that I liable from today, but I was not liable when you started the claim, so your claim should not succeed"?

    What should be straightforward becomes very complicated, just because I don't understand the court process.






    Last edited by Yvette123; 22nd March 2019, 15:27:PM.

    Leave a comment:


  • Yvette123
    replied

    Thank you.

    If the tenant continues to refuse to name the plumber or provide the paperwork, do you think I would be better

    1) Trying to get the court to compel him to do so, or
    2) Simply going to the final hearing and pointing out that it hasn't been provided

    I am concerned that if I simply defend and let it go all the way, he might try to pass something off at the hearing, and that I would also not be able to issue a counter claim against the plumber.

    I am going to start trying to draft something.

    Do I state that:

    a) He has failed to prove his loss by failing to provide the paperwork
    b) He is not entitled to £283 because only £120 was agreed
    c) That he is not entitled to the £120 because the work has not been completed, and so should not have made any payment
    d) That there was an agency agreement between us

    Leave a comment:


  • charitynjw
    replied
    http://www.legislation.gov.uk/ukpga/...ion/15/enacted

    15 Exemptions etc

    (1)Schedules 2, 3 and 4 make provision for exemptions from, and restrictions and adaptations of the application of, rules of the GDPR.

    (2)In Schedule 2—

    (a)Part 1 makes provision adapting or restricting the application of rules contained in Articles 13 to 21 and 34 of the GDPR in specified circumstances, as allowed for by Article 6(3) and Article 23(1) of the GDPR;

    (b)Part 2 makes provision restricting the application of rules contained in Articles 13 to 21 and 34 of the GDPR in specified circumstances, as allowed for by Article 23(1) of the GDPR;


    http://www.legislation.gov.uk/ukpga/...dule/2/enacted

    SCHEDULE 2
    Exemptions etc from the GDPR

    Information required to be disclosed by law etc or in connection with legal proceedings

    5(3)The listed GDPR provisions do not apply to personal data where disclosure of the data—

    (a)is necessary for the purpose of, or in connection with, legal proceedings (including prospective legal proceedings),

    (b)is necessary for the purpose of obtaining legal advice, or

    (c)is otherwise necessary for the purposes of establishing, exercising or defending legal rights,

    to the extent that the application of those provisions would prevent the controller from making the disclosure.

    Leave a comment:


  • Yvette123
    replied
    Thank you for all your help. Just to answer your points.

    Originally posted by Amethyst View Post
    So have to ask, DID he show you them when you went round ? I'd guess at NO but just be be certain.
    No, absolutely not. Also, he is refusing to even name the plumber, again claiming that he can't do so because of GDPR, but I can only assume that if he had an invoice, it would have the plumber's details on it (and he claims to have shown that to me).

    Originally posted by Amethyst View Post
    Dont respond to his email for a couple days ..let him have a ponder .... might be a good idea to stick to hard copy anyway - more formal that way. Let's have a think anyway asvto next step...


    OK, I will leave for now.


    Originally posted by Amethyst View Post
    overview then...

    there was a plumbing issue ( you were away )
    he asked if he could get a plumber in
    you asked for a quote
    he said £120 quote
    you said go ahead
    he came back and said £298 but provided no evidence or invoice / receipt
    plus the work wasn't done to a plumber standard ( in your opinion)
    youve had a proper quote to rectify and fix original issue of £xxxx ( have you got that in writing? )

    happy to reimburse him for the original plumber but you need plumbers details for records/vat/evidence and to potentially take up the shoddy work with the plumber.


    Yes that's all correct. The only clarifications I would make are that I live away from the property permanently, and I originally offered to get somebody in, but tenant suggested that he knew somebody who could do it. Also, I do have the rectification quote in writing. When the tenant told me that he wouldn't give me the name of the plumber, I asked him to ask the plumber to come back himself, but he refused to do so, until I paid him the full amount (which is £283).


    The only other thing I would say is that I don't feel that I should have to pay more than the originally quote £120 as the tenant never came back to notify me of an increase, but I'm not sure where I stand on that legally.




    Leave a comment:


  • Amethyst
    replied
    So have to ask, DID he show you them when you went round ? I'd guess at NO but just be be certain.

    Dont respond to his email for a couple days ..let him have a ponder .... might be a good idea to stick to hard copy anyway - more formal that way. Let's have a think anyway asvto next step...


    overview then...

    there was a plumbing issue ( you were away )
    he asked if he could get a plumber in
    you asked for a quote
    he said £120 quote
    you said go ahead
    he came back and said £298 but provided no evidence or invoice / receipt
    plus the work wasn't done to a plumber standard ( in your opinion)
    youve had a proper quote to rectify and fix original issue of £xxxx ( have you got that in writing? )

    happy to reimburse him for the original plumber but you need plumbers details for records/vat/evidence and to potentially take up the shoddy work with the plumber.


    On the downside from your end - not asking for the quote in writing and checking out the proposed tradesman beforehand ....

    ummm yip that's it everything else is against the tenant.

    Leave a comment:

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