Non paying customer

[Gareth08]

Hello
just looking for some general advice ref a small claim I have brought against a customer I did some work for.
I am a subcontractor for a well know Kitchen Company.
The kitchen company pay me directly for the fit but if the customer requires any additional works that fall outside the kitchen company contract then it is a private matter between the fitter and the customer.
On the last day of the fit I have to get the kitchen signed off in order to get paid by the kitchen company
I was on the last day of the fit when the customers needed to go out about an hour before I was done.They knew I would soon be finished and volunteered to sign the contract saying they were pleased with the kitchen and happy for the kitchen company to pay me for the fit.
The extra work not paid for was tiling and electrics which totalled 600 pounds.
I advised the customer I would invoice them later that evening.
I had to chase a couple of days after sending the invoice and I heard back from them saying they wanted to query the tile price as kitchen company quoted cheaper per sq metere.
The kitchen company do not quote anything they simply issue guide prices in a letter to customers with their contracts with tips etc about getting additional works done...they also advise to get 3 quotes.
They went on to say that apart from that they were happy.
Then what begun was a back and forth of emails with new complaints about the work I had done..all nonsense.
It soon became clear that they didn't want to pay.
They claimed they signed the contract on condition I completed certain things (didn't happen)
They went screaming to the kitchen company and despite lower management informing them it was a private matter between him and me he wouldn't have it...he then went screaming to the directors..
The kitchen company went to see him and appeased him by offering to oil the worktops he claims I didnt do (i did 3 times) they also offered to cut the overhang on the worktops (I've fitted kitchens for 30 years...I ALWAYS ask the customer where they want worktops cut to) he agreed the overhang but suddenly decided not good enough.
Bottom line is that none of this had anything to do with the additional work I did but he argued he had lost faith that the work I did was good enough so will ask for a report from kitchen company about my additional work and depending what they say will pay me accordingly!!! He can not get it through his head that the additional work is nothing to do with the kitchen company.
I spoke to management who agree he just doesn't want to pay and that I have nothing to worry about...
Basically I filed a claim and he acknowledged service saying he will defend claim...
The additional work was verbally agreed,he doesnt deny this amount was agreed in all of the email communications
I immediately offered to go back the moment he claimed not to be happy...he refused
I reduced the cost by 100 pound as a goodwill gesture just to get rid of him...still not good enough.
I discovered from a manager friend at kitchen company that he went ballistic when served court papers.. ranting at the directors.

I have also discovered 2 months on he has demanded the worktops be ripped out...management said no,directors agreed just to get rid..their appeasement of him is nothing to do with my work so I'm told.
I believe he only wanted the worktops ripped out as its the only way he can guarantee the tiles he hasn't paid for are damaged so he can argue he shouldn't pay..(tiles are bulk of claim)
sorry for long post but wondering what people thought my chances are...its ony 465 outstanding but I've a feeling this guy has pulled this trick before and its become a matter of principal.
I should add they are barristers so I worry they will use legal terminology to intimidate me.
If you read all this....thankyou

[efpom]

Post up your particulars of claim.

[Gareth08]

"I fitted a kitchen for the defendants at their home on behalf of ×××× Kitchens for whom I sub contract between the 18th up to and including the 22nd January.
The defendants requested additional works that fell outside the scope of the Xxxx contract.
The pricing of such additional works is a private matter between myself and the customer.
This is normal XXXX practice.
I have since been paid directly by XXXX for the kitchen fit that the defendants signed off on.
The defendants however have not paid my outstanding invoice for the additional works"

[EnglandPi]

I entirely understand your situation but its standard practice to get additional work signed off before commencing the work. Most experienced tradesmen carry an addition form for such occasions.

No signature = no additions. A verbal agreement is never as good as a written one.

I wish you luck. Please let us know how you get on.

[efpom]

Your Particulars of claim are ok.

This is a relatively simple claim for either 1) labour only, with the materials supplied by the customer,
or
2) the supply and fit of kitchen tiles and, I assume, electrical sockets mounted on, or embedded into, the tiling. From your writing it looks like 2) but please confirm my understanding is correct.

Did you write a Letter before claim prior to issuing the claim? If you did not, it's not fatal to your claim, by any means.
You will need to prepare a witness statement to:
a) Show that a contract for the works existed.
b) The terms of that contract.
c) Exhibiting in your witness statement, your invoice for the work.
d) If 2) above is in play, supplier invoices, for tiles and electricals purchased by you.

You might wish to do some preparatory work on a) to d) above now, and await any defence filed by your opponent. If such a defence issues, I suggest that you post it on here.

On what date did the claim issue?

[MIKE770]

any chance original work kitchens direct? and installer pricing sounds very familiar pricing by individual for extra work (i refused as knew cheaper elsewhere by a few hundred)

[Gareth08]

Interesting update
last night the defendant wrote an email claiming he had a representative from the kitchen company come and do a report..based on that report he waa now paying 334 pound and not 475 (35 filing fee)
He has paid the money into my bank account.
I have spoke to the company I sub contract for and no such report exist!!!
The difference is 141...not a lot but I am not ready to let him off the hook...especially not based on a lie.
I have checked MCOL and there is no way to acknowledge the part payment without discontinuing the claim....he has until the 27 th of March to file a defence....am I right in thinking I can let this run and acknowledge the payment at mediation.
He doesnt want to go to court because he has no defence..pretty sure he will cough up the rest.
Its not about the money its the principle and I'm certain its not the first time he has done this....The customers are both barristers as well!!

[ostell]

So you let it run. The fact that he paid could be taken as an admission of liability. So what were the kitchen company reporting on?

Ask for the report

[EnglandPi]

His payment is an admission of the debt, you are entitled to the Court fee and interest. If you could obtain written confirmation from the main- contractor that the report mentioned in the defendants’ email is non-existent, that together with the payment and payment date have just won your case but you need to take the advice of efpom above.post 5

[ploddertom]

If he is a Barrister then he cannot afford a Judgment against him. Have you checked to make sure he still in Chambers somewhere?

[efpom]

IF your opponent has stated, in writing, that because of the content of the report, he has decided to pay you a certain sum AND IF no report exists, he, as a barrister, is 'dans la merde". i.e. he could be disbarred for being dishonest. It is vital, therefore, that you can produce a) the statement that because the report exists, he has paid over that certain sum, and b) that you have, in writing, a statement that no report exists.

As advised by other contributors, you let the case continue, for now at least.

[Gareth08]

Hi
we know it doesn't exist because I am friendly with the manager that deals with aftercare.
The problem is,this is all off the record.
Barrister keeps running to the directors..if I call out his lies then manager friend may get it in the neck....I only sub contract and have loads of work but as director keeps getting hassle from barristers I dont want to look like I'm "trouble' and got rid off..the fact director is clearly a weak appeaser doesn't fill me with confidence
I haven't responded to his email...so if I let it run which forces him to file a defence at what point should I inform about the payment?
I'm guessing it will be mediation or my witness statement
Knowing how this man works I bet he will email me the closer it gets to defence deadline at which point I'll casually ask him to forward the report in order to reach MY decision going forward
I cannot lie...Im enjoying holding the cards

[des8]

As he has paid a portion any response to your claim will have to be a partial admission.

You will then be asked if you accept this