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Rogue Customer with hidden intent,

Rogue Customer with hidden intent,

Postby Mattie » Sun Nov 13, 2016 10:08 am

Is it correct to assume that a customer has to allow a contractor to fix snagging issues before applying to the civil court for damages?

Are there any circumstance whereby a customer can refuse the contractor fixing issues?

Also, if a person lies under oath, should/can a covert recording be submitted to show so, as well as to show true intent?

Would greatly appreciate any general feedback that anyone may have.

Thanks in advance.
Last edited by Smouldering Stoat on Sun Nov 13, 2016 3:33 pm, edited 1 time in total.
Reason: Speeling masteaks.
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Re: Rogue Customer with hidden intent,

Postby atticus » Sun Nov 13, 2016 10:13 am

If they are just "snagging", a court may not be impressed with such a refusal. But your questions give the impression it may be more than that.

Covert recordings are accepted in evidence. Search this forum for "covert recording", and you will see the several discussions.
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Re: Rogue Customer with hidden intent,

Postby dls » Mon Nov 14, 2016 6:01 am

Is it correct to assume that a customer has to allow a contractor to fix snagging issues before applying to the civil court for damages?


Not quite, but the pressure to do so may be significant. You may win the case but find that you have to pay the costs. Yu would need to have a good and persuasive argument.
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Re: Rogue Customer with hidden intent,

Postby diy » Mon Nov 14, 2016 10:41 am

If its a small claim and you accept you are partially liable - then the Court Mediation service might be worth a try in order to haggle out a compromise. That compromise might be that you get to carry out the "snags".

https://www.judiciary.gov.uk/wp-content ... _mar09.pdf
My suggestions are not legal advice
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Re: Rogue Customer with hidden intent,

Postby Mattie » Wed Nov 23, 2016 10:06 am

Thanks for the input guys. Very helpful.
Just one things that we are unsure how to handle.

Customer now agreed a date for snagging. However, we feel the customer doesn't have the money to pay our invoice. Our suspicions are heightened even more every time we ask the customer for their legal advisers details so we are able to confirm with them that they hold enough cleared funds to pay our invoice after snagging complete. (Customer advised in writing that payment has been given to legal adviser and will be payable after snagging completed, but refuses to supply the necessary details for us to confirm)

If the customer doesn't supply the necessary details at least 7 days before snagging date, is it likely the civil court would find us to be unreasonable if we were to refuse to undertake snagging without assurances of payment?

Thanks in advance.
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Re: Rogue Customer with hidden intent,

Postby atticus » Wed Nov 23, 2016 10:20 am

You are in a cleft stick. If you don't do the snagging you damage your chances of being paid.

Think about doing the snagging, then suing, and after judgment getting a charging order on the house.
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Re: Rogue Customer with hidden intent,

Postby diy » Wed Nov 23, 2016 10:32 am

It might help to write the snags down and document the outstanding money so its clear that you do X, he pays Y and a date that Y will be paid by. It makes your claim a lot easier. If he has no intention to pay, he will be reluctant to sign a document outlining the snags.

I was in a similar situation myself recently with a builder - the first half of the job was done very well, he then started a new project and lost interest in managing his subs. I took the view that as long as I had enough money left in the pot to get someone else to finish it, I was fine. Eventually he realised he wasn't getting paid until the work was done and after a lot of emotion he finished and we parted company on OK terms. He threatened to sue me several times and each time I said I was ready. The difference is, I was happy to pay once the work had been to done to an acceptable standard and had no problem putting that in writing. He didn't like putting anything in writing, so I had no choice but to hold money back until the work was done. My view, is better for him to be needing to sue me, than me needing to sue him. But in your shoes, better to start getting stuff written down.

If your client isn't intending to pay he wont be so keen.
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Re: Rogue Customer with hidden intent,

Postby Mattie » Wed Nov 23, 2016 12:10 pm

diy wrote:It might help to write the snags down and document the outstanding money so its clear that you do X, he pays Y and a date that Y will be paid by. It makes your claim a lot easier. If he has no intention to pay, he will be reluctant to sign a document outlining the snags.


We have a good paper trail . :-)

Finally, after 3 months of trying, the customer agreed for us to visit the property to prepare a snagg list. Everything was written down, as well as recorded to ensure we didn't miss anything, that the customer wasn't happy with, and then agreed a snagg date with them.

We sent over a copy of the snagg list for their agreement. Unfortunately, for us, the customer continues to be difficult and passively aggressive at every opportunity with myself, as well as anyone that we send to convince them to let us get on with addressing the problems and get it sorted.

Our real gripe is that we have no choice but to address the customers concerns simply because technically everything the customer has picked up on is macroscopic and can only be seen at a microscopic level, using a LED flash-light, on all fours. Completely different light and working depth level than we would normally work.

We have built up over 900 recurring customers in our 10y of business without once ever receiving a single complaint. Even though we came highly recommended to this customer (by the neighbour after undertaking work for them) this one, we feel trapped in with no way out. Tbh, we have discussed throwing the towel in and taking our chances in the civil courts because we are going no where fast and continually met with a false smile and a barrage of passive aggression - being spoken at, as opposed too?


atticus wrote:You are in a cleft stick. If you don't do the snagging you damage your chances of being paid.

Think about doing the snagging, then suing, and after judgment getting a charging order on the house.


Thanks for that Attie, will read up.
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Re: Rogue Customer with hidden intent,

Postby Mattie » Thu Dec 08, 2016 10:12 am

We have received a Letter Before Action, a claim for monies that we absolutely deny owing. We want to reject the claim and issue a counter claim for monies owed to us with respect to our invoice. We are unsure of how to properly format our response, as well as the necessary protocols to be followed.

We do not need a lawyer as we believe we can clearly show that we should not be held responsible for the alleged damages to property, as well as show that the independent experts statement should not be relied upon for more than one reason.

Can anyone suggest a relevant Dummies information link of how how we should respond to the said Letter Before Action. pls?

Links to what we should say to reject the claim, and how to format a counter claim would be most helpful

Many thank in advance.
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Re: Rogue Customer with hidden intent,

Postby atticus » Thu Dec 08, 2016 10:19 am

Please work through the Litigation Practice forum.
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