Builder Dispute / AYOM Debt Collector

[user41571]

I had a loft conversion done on my house by a builder who was a friend of ours. It was finished c.2 years ago now. Albeit it was only last summer that one of the external external doors was fitted correctly.

Nothing was documented about the price of the job and it was a gentleman's agreement between the two of us what it would cost and how he would be paid (i.e cash split & bank transfers). This amount was paid in full.

Subsequently last summer after the external door was fitted for the juliette balcony / door I was sent an additional invoice of £4,096 (including VAT). I said at the time this was unreasonable as the job was not completed well / took an awful lot longer than was expected & materials were paid for by me that I had expected him to pay for.

This coupled with works he has done badly I have quotes for to rectify that cost in excess of £4,500.

The plot thickens here sadly as I also started a business with him where we took on building projects together and we would half the profit. To resolve the matter I offered to pay him £4,000 net of VAT so £4,800 gross which he accepted on the phone but never confirmed via email.

He has now appointed Are You Owed Money (AYOM) to chase me down for the invoice. I feel that this so called friend had me in his sights from the start and knew how he could play me to make more money out of the situation. Sadly something my wife has noticed him do before.

The letters, txts and phone calls from AYOM are coming in regularly and causing me a lot of stress. They have added c.£2,000 to the invoice as a recovery fee so are demanding I pay £6,000 immediately.

I've stated my position to them in email but the builder (now a former friend) denied receipt of the money sent last July. Annoyingly this money was sent to him from our client and simply said that he should hold the funds, so there is no physical footprint showing I have sent that money.

Should I wait for this to go to court and argue it out there or am I likely to lose? So should I just pay for the problem to go away?

Thanks for reading if you have got this far!

[R0b]

Hi

Should I wait for this to go to court and argue it out there or am I likely to lose? So should I just pay for the problem to go away?

Whether you pay or dig your heels in is entirely up to you and whether it's worth waiting to see what happens if he issues a claim. It will then be for a judge to decide based on the facts and evidence who is more likely than not telling the truth.

Hopefully this experience has taught you that you should document everything in writing or, if you agree something on the phone, immediately follow it up in writing to confirm what was discussed and agreed.

I don't understand how AYOM can simply slap £2,000 as a recovery fee which is 50% of the disputed value. If they are claiming this is for the number of times they have sent you letters, text messages, phone calls then you could arguably claim harassment from them if it has been a constant occurrence, even more so if you have already stated you will not be paying the amount.

If AYOM continue to harass you, then you may want to consider telling them that you have stated your position that you are not going to be paying the alleged amount because you do not believe you owe it, and if the builder believes he is genuinely entitled to it, then he should issue legal proceedings. Otherwise AYOM should immediately stop contacting you demanding the money you have said you will not be paying. If they continue to make demands, then you reserve the right to pursue legal proceedings against AYOM for harassment and to seek an injunction against them. Once you have stated your position of not paying, they do not have a legal right to continue making demands for the money but instead, they should refer it back to the builder to consider his next steps.