Plasterer/Painter decorator- Do I have legal grounds to not pay/take to court?

[sjc1985]

Quite a long story so please bear with me. An independent plasterer/decorator was going to do some work in my mums house and I asked him to quote for skimming the walls in my hallway and then decorating them. He got the job for my parents house and quoted me £270 to do the skimming and £220 to do the decorating. I did think the decorating was rather expensive as the walls should be smooth and therefore just need painting so I didnt immediately agree to that job. I was going to let the plastering go too as it was more than a previous quote I had received but I got a text from him saying if my parents took their work, he would drop the plastering price by £40 to £230. I agreed to this.

 

The day before he started the work at mine (and nearly a week late as he was behind at my parents house) he said as he was buying the plaster and beading, he wanted me to buy the coving and coving adhesive, which would be about £15. I was a bit shocked by this as it was the first time he mentioned me buying things on top of the £230. I did agree though and even sent my dad down to get them as the plasterer couldnt fit them in his car! After starting the job, he then told me that he didn't have enough coving and I needed to buy another 6 pack. I did this, meaning I actually paid £280 for the job which I had expected to pay £230 for. He used half of one piece of coving meaning I have 5.5 coving strips left sitting in my house now. My partner was in when he did the work and was left to pay him, which he did. When I came home I couldn't believe it! There were holes and parts not plastered in 5/6 places on the wall! When I rang the decorator he said they would be sorted when decorated.

 

I had previously explained to him that I didn't have the money to get my hallway decorated until the first week of Sept and therefore didn't want anybody in to do it until then. He kept pushing that he would do the job and I should pay him on Sept 1st as he "knew I wasn't going anywhere" and I did accept, telling him thank you, if he didn't mind I would be very greatful. Now he hadn't finished the plastering but was saying he would sort it when decorating, I felt I couldn't cancel the job now.

 

He text me on friday 3 weeks ago and said he would be with me by 8.30am on monday and he would definetly be completed by wednesday as it was "just a bit of filling and painting" and told me to book my electrician and carpet fitters for after that. I booked my spark for that thursday and the carpets for 31st August. He came on the monday and didn't seem to do a lot at all. He filled some of the holes but didn't sand them down and rolled some white paint on then left. He was there between 9am and 2.45 approx. On the tuesday I got a text message that said "Not coming today, (your partner) told me you arent there tomorrow, will be there on thursday". I text back and told him spark would be there and he text back and said fine, not a problem. Thursday morning I then got another text telling me he wasnt coming that day as sparks was there but he would come back the next week.

 

I wasn't happy with this. I have a 7 year old daughter, no safety handrail and a dustsheet on my living room doorframe to name a few things! Not to mention, the elec was supposed to be doing some light fittings in the hallway which he cant do until dec completed. The following week both my partner and myself were working solidly and also this week. The decorator replied "will be with you in an hour" which I took to mean he was coming to finish the work. He turned up, saw DP (I was out) and told him I had said to come and get my stuff! I have the texts to prove I didnt.

 

He then told me since I wasn't paying him until first week of sept, he had that time to complete. I told him our agreement had always been he did the work and got paid 2 weeks later or else I could and would have waited and got someone else in as I originally wanted to! Eventually after about 25/30 texts being exchanged (which I have kept all of them going both ways) he agreed to come thursday just gone and complete the work. He didnt turn up. Nor did he answer my messages asking where he was and was he coming to finish the work.

 

As you can imagine, I am now very annoyed. I have paid him £230 and have between 8-10 photos of various holes, digs and bumps all down my walls that I will have to either pay a decorator extra to fit or even possibly get the walls reskimmed.

 

On top of that, he tells me he wants one days labour for the "work" he did. I am saying that he quoted me for the job, not the day and HE has broken our contract, not me.

 

Im sorry this is long but any advice would really be greatful. We don't have this amount of money to waste.

 

Thanks, Sarah

[Conniff]

Builders and garages, the most frowned upon trades in the country.

[sjc1985]

Thats totally confused me, lol

[Conniff]

Sorry, Garages and builders are the two main gripes of customers for shoddy work and overcharging, there must be more complaints about those two than all other trades put together.

[sjc1985]

Oh right ok! Do I have a legal leg to stand on anywhere with this issue do you think? It's going to cost me extra money to fix the damage he's caused and he's been paid for a job that he hasn't even completed properly!

[Conniff]

You will need to give him one more chance and a deadline by which to finish it. Make time of the essence when you do this.

 

If it is still not to your satisfaction or he fails to complete it, then get a professional in to appraise the work done and a quote for correcting all the poor workmanship.

You might have to pay for the report, but can add it to the court bill when it is served.

[sjc1985]

Another chance even after the thursday being the 3rd day he was supposed to turn up and didn't?

[Conniff]

Courts don't like to be seen as the first and easiest option, they like to see that you have attempted to come to a satisfactory conclusion. Do as above in writing using recorded delivery, you will then have something to show the court.

 

And take photos, lots of them.

[sjc1985]

He is now threatening to take me to court for slander. He is also saying that we have "scammed him out of a lot of money". I fail to see how I can be expected to invite him back into my house after this. We agreed a date, he let me down the second day we rearranged for 2 days later he then let me down again and we rearranged for a week later and he didn't turn up again.

[Conniff]

Where did he hear the slander??

 

 

Then tell him he has 7 days to issue a court summons which will be defended vigorously and a counterclaim made or you will issue against him.

[sjc1985]

I am absolutely, absolutely fuming! The place I got him from asks you to publish a review on your experience. I did a very fair review but he came back publically slating me and telling people I am fabricating a load of lies and I have no proof of anything. He then says on this public forum that he has never had any complaints and that I didn't have the money to complete the job therefore he didn't do it making it look like I am the reason he didn't do it because I suddenly decided I didn't have the money, when I have the text messages from his phone to mine still saying quite clearly he was doing the work and expecting payment first week of september.

[Conniff]

Just make a simple response 'we will see who is telling the truth when it gets to court' and leave it at that.

[sjc1985]

I think that will most definetly be where it is now. He has now accused me on the public forum of going around and gauging holes in my walls after he left. He "claims" he took photos of my walls once they were plastered and they were perfect and smooth. He really thinks that as a 25 year old mum I will be climbing up ladders to gauge holes and put gaps into coving? What sort of cowboy is he?

[Conniff]

Then I suggest you do as earlier suggested and get a professional in to give you a report.

[sjc1985]

Will get onto it tomorrow thank you.. Do I have to have a certain person in or does it have to be another plasterer?

[Conniff]

It would add a lot of weight if it was a VAT registered plasterer.

[sjc1985]

Ok, will give it a go tomorrow, thanks