Issues with joiner

[Paquito]

Hello,

I hired a joiner to build a custom made kitchen in my flat, as he persueded me to do so instead of buying a prefabbricated one. We agreed that the work would have taken 2-3 weeks max, with works starting on 11th October 2021.

The first 2 weeks we dismantled the old kitchen and started building the new one. He soon showed to be rather short tempered and intimidating, and took many design and decisions about functionality on his own.

After the initial 2 weeks he started other jobs and started coming 1 hour here, 20 minutes there, sometime disappearing for days or weeks. At this stage the kitchen was functional as the cooker was being installed, but it was missing all cabinet doors, some units, skirting, drowers front facade, knobs, shelves, which we all agreed to build initially.

Time passed by, and he notified me that in November he was going away for 1 week holiday. I asked him if the kitchen would be finished by then, and he said yes (by text, so I have record of this conversation). No need to say that he left without even telling me anything. When he came back I had a to chase him, and when I finally got hold of him he impatiently bullied me by saying that I was getting stressed and that he would have finished the job ASAP (all on text).

Time passed by, and he would show up at my place acting extremely slow, trying one knob, taking a measurement, 10 minutes, and leaving. No substantial progress. December came, and I asked whether he could let me know if the kitchen was going to be finished before Christmas, and again he jumped on me saying that I was stressed AGAIN and that putting another deadline was not going to help the situation (?). He added that he would have finished the kitchen "...one day before Christmas" and added a blinking-eye emoticon. In my view this is gaslighting and bullying.

Christmas came, and he didn't show up. No mesages, no phone calls, nothing. On 1st January I received a text message saying that he was going to start a new job on the 5th, so the only days he could come to finish "...this kitchen affair..." (his own words) were the 3rd and 4th. He came at 1.30pm on the 3rd and 4th for about 1 hour, installed the doors, knobs (of which 2 have follen off already), drawers facade, and that's it. No mention of the unit above the hood, the shelves, the skirtings, and other minor fixes and details we discussed.

Now he is pressing me to get the money, and I am wondering what are my rights considering that:

1) there's no contract, only a few text messages
2) he has no website or any commercial presence, so no T&C
3) he delivered partially and with an enormous delay
4) in two occasions he promised me completion by a certain time, failing in both occasions (all recorded on text messages)
5) he bullied me

I want to pay what is fair, but he really made this whole experience an extremely unpleasent one. He said that he's sending me an invoice by email, but I want to pay it as late as possible and possibly contest it for the delay and partial delivery.

Any advice will be greatly appreciated.
Thank you,
P

[Ripped-Off]

1) there's no contract, only a few text messages

I won't bore you with Contract Law, but there probably is a contract, albeit not in writing. You admit to hiring a joiner, agreeing to an initial time frame and a completion date. You agreed that he was to provide you with a new kitchen (and has done some work from what you have written). In return, the presumption is that you agreed (presumably) to pay him for that service. I'd say that this contains the basics of a contract. There is no mention of the price. How was that discussed? Have any payments been made?

2) he has no website or any commercial presence, so no T&C

T&Cs cannot be agreed after the contract is formed so this is irrelevant. The T&Cs are what you and he agreed on the day when he agreed to provide you with a kitchen and you agreed to pay him for the same. Because they are not in writing, any specific terms (such as sequence, kitchen type, colour, start date, end date etc) are all there, but neither of you can prove what you agreed to. Consequently, statute law (Consumer Rights Act 2015 and/or Supply of Goods and Services Act 1982) are the main statutes that will regulate your agreement. In addition, the common law will also regulate your agreement.

3) he delivered partially and with an enormous delay

I presume you mean that he has only done part of the work and it has taken him a while to do so. If this is a consumer/business transaction then it is likely regulated by the Consumer Rights Act 2015. At section 52 of that Act, the stipulation is that services are to be provided within a reasonable time. Fitting a new kitchen should take no more than a week. You gave him 3 weeks (although you cannot prove it), but in any event I would say that he is in breach of section 52 of that Act. There are a number of remedies in the event of a breach including a price reduction which should be negotiated between the parties.

4) in two occasions he promised me completion by a certain time, failing in both occasions (all recorded on text messages)

You state you have evidence that he promised to complete within a reasonable time and failed to do so. This is good evidence provided you can prove that the text messages came from his phone and that he had full control over that phone. This will help you in your negotiations for a price reduction. After all, even if you treat the contract as terminated, you are still obliged to pay for the services that you have received if you asked for those services.

5) he bullied me

This is difficult to prove. In any event, I doubt you want to raise this as an issue unless you are raising a counterclaim to a Court claim and you have evidence of the matter. Unfortunately, feelings and emotions are subjective, so what may seem like bullying to you might be construed as something different to someone else. You could possibly treat this as harassment under the Protection from Harassment Act 1997 if the matter is repeated. This is both a criminal offence and a civil wrong. The criminal side is punishable by six months imprisonment and/or a fine. It is a Police matter and you should involve them if you feel threatened.