Paid but now demanding more money

Newlywed

New Member
Feb 8, 2009
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We recently had some works carried out on our house, which included a new kitchen and some smalloutside alternations. We agreed the price with the 2 individuals who had been to the house on numerous occasions to discuss the works. We were asked to pay half of the fee upfront for materials etc, which we agreed too, and were told the works would take 6 weeks to complete. After 6 weeks the works were nowhere near complete, in fact we were at the stage where we had very little kitchen left without the new one being installed. At this point we were asked to pay an additional £5,000 as they needed more materials and this would be deducted from the final account. As we new one member of the duo, we agreed to this. After another 2 weeks we were asked by the other member who we didn't know previously for another 5,000.00 to which we said no. The person we knew said that that was fine as we had paid ample funds before the work was completed. From this point on, the person we didn't know refused to attend site (even though she was supposed to be the PM, although never really there), and started to have arguements with the other partner. Eventually 12 weeks from the start, we were in a position were the majority of the items were completed, even if not to our specification, mainly from the person we know pushing for everything to be completed. The PM then came to site to go through the snagging list and demand payment, leaving us at this time, with us discussing payments etc with the other partner. Due to the nightmare that we had endeaured and wanting to move on and put this in the past, we agreed to pay all the outstanding monies apart from 500.00 retainer for the last few jobs. We were asked to pay with two separate cheques, which as these were the partners we agreed, and I also put a covering letter in with the cheques stating what I had been requested to do. Since that day we have had no response from her regarding any issues with the payments, she had sent 1 text message saying she was ordering a replacement kitched door, but did not dispute anything we had put in the letter. Her cheque was cashed 3 days before his cheque, and the letter was with her cheque. This was 8 weeks ago. Then from the blue we received a letter stating we owe her 3,300 and if not received in 7 days then she will be persuing us through the court. She is now claiming that the 2,800 which was given the him was not acceptable and he was not a partner in the business. This has only just become an issue as they have had a massive fall out and have gone their separate ways. We have responded to this letter stating our facts and that they were partners at the time of the works etc, we have also asked for copies of her tax returns or PAYE to prove he wasn't a partner. She has said she has all these details but is unwilling to show. We know that she is not registered and has probably not declared any tax returns etc as she has now changed the name she is trading under.

Does anyone have any advice, as we do not have anymore money nor do we want to double pay for something which was paid for in good faith. Can i counterclaim if it does go to court?

Help please, I'm not sleeping anymore.

Newlywed.
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
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Bolton
You original contract was with the partnership, the fact that they have split up is something for them to resolve. Even if the contract was verbal, this is still the case - I hope it isn't though. She should be chasing him for the money not you.

Verbal Promises | Consumer Information

Hope this helps

Tony
 

Newlywed

New Member
Feb 8, 2009
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Thanks Tony,

Glad to know what we thought was right, unfortunately it is only a verbal contract, to be honest she is has not provided any receipts or invoices when asked, we think she might not be registered and is avoiding paying tax etc.

We did say that she should be chasing him for the money, but she has come back in a second letter stating now he was just a trade, we know this is clearly not the case as why would he have been involved in all the meetings and discussions on price if he wasn't a part of the business. He has confirmed he was, and shes trying to pull a fast one, no doubt she has money problems and thinks we will hand over more.

Should be stick to our guns and demand proof?, do you think her threats of taking this to court are real?

Thanks
NewlyWed
 

Chutzpah

Moderator
Jan 9, 2009
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If you believe that you're in the right then definitely stick to your guns - they're obviously trying to scare you with threats of court action, but at the end of the day if they haven't got a leg to stand on it will go nowhere.
 

Newlywed

New Member
Feb 8, 2009
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Thanks Chatzpah

We think we will see what happens, hopefully its all threats, but if not we will see them in court.
 

Witch consumer

Moderator
Sep 8, 2008
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Debtors retreat
If your suspicions are true, this woman won't be going anywhere near a court, is the other partner willing to back you in this? (you might want to tell hi to make sure his tax is paid) if he is, your laughing and even if not, you have proof that you made the payments but please ask your bank for the banked cheques back before they destroy them, your statements will only show cheque numbers whereas the cheques will prove which accounts they were paid into