Urgent info needed !! Windows

gaz wac

Hi

Sister got a bloke to give her a price on new windows. He said he needs a deposit of 2,500k ( windows c.6k), which she gave.

Windows are now a month late and he wants the balance before he puts them in! She wanted to give the balance when the job was finished and she checked the work was 100%. He wont deliver the windows now until he gets the cash!!

What can she do here ?

thanks

jor el

When paying a deposit, you are forming a contract between yourself and the retailer/supplier. The conditions of this contract should be agreed upon at this time, and really should be in writing. I'm guessing there's nothing in writing here though. If that's the case, she'll have a very hard time either getting the windows installed or getting the deposit back. Did she even get a receipt when she paid the deposit? Was there anything on the receipt about when the balance is to be paid?

Limit for the small claims court is €2000, so she's already over that. If she gets nowhere, it'll be time to employ a solicitor.

gaz wac

thanks for the quick response Jor el. Yes, she got a receipt when she paid the deposit but it just said "deposit paid 2.5k". He said the balance was due "when we put the windows in" !.

He rang her last night and said " when the windows come from the manufacture, you pay the driver and then I will come over and put them in". Im thinking that he cant afford to buy them himself so the manufacture wont release them to him as he cant pay.

She just finished a huge extention and I see her point, when the bricks came she didnt pay the Quinn truck driver, When the insulation came, she didnt pay the kingspan driver...the builder did and he got his cash at the end of the project.

What stopping him from doing shoddy work and doing a runner :mad:

seamus

gaz wac wrote: »

He rang her last night and said " when the windows come from the manufacture, you pay the driver and then I will come over and put them in". Im thinking that he cant afford to buy them himself so the manufacture wont release them to him as he cant pay.

You're right. This sounds like a guy in financial trouble who needs the money your sister is offering in order to pay off a debt or buy materials.

If he can't get credit from his suppliers, then he's in dire straits.

She should not hand over a single penny more to this guy. Tell the guy that she's getting someone else to fit the windows and ask for her deposit back because he is unable to complete the contract that they had agreed on (a verbal agreement is still a contract).

If he resists at all or refuses to give the money back, she should speak to her solicitor immediately.

LK_Dave

why don't you contact the manufacturer and tell them your story, find out how much the builder has already paid on the deposit for the windows. Maybe what you should do is pay for the windows and then pay the balance to the builder once the windows are installed and you are happy with them.

Also, should you not be paying the builder by Payments Card? - where you pay 65% directly to the builder and 35% to Revenue. The builder then claims the money back from Revenue once his tax affairs are in order. Also the new payments cards (c 2009) state that the provider of the service stands over the work for 12 months. You may want to check this out with an accountant.

jor el

seamus wrote: »

She should not hand over a single penny more to this guy. Tell the guy that she's getting someone else to fit the windows and ask for her deposit back because he is unable to complete the contract that they had agreed on (a verbal agreement is still a contract).

That's really the best (only?) option at this point. Sounds like he's in financial trouble, and the remaining €3500 could easily disappear into a black hole if she does pay up.

The receipt is the contract in this case, and since it says the balance is to be paid on installation, then the fitter is in breech of the contract. As such, he should pay the money back. If he's on the brink of bankruptcy or going out of business, then he may not have the cash. Keep a solicitor on speed dial, but first call should be to ask for the money back.

the_syco

gaz wac wrote: »

What stopping him from doing shoddy work and doing a runner :mad:

Nothing.

busman

the_syco wrote: »

Nothing.

She could hold back say 500 euro untill the work is completed to her satisfaction.

braftery

I posted on this subject in the other thread .. but some of the posts in this thread need a response.

My understanding of the situation is this;

Your sister has given a deposit of €2500 to a window supplier.
The total contract is valued at €6000.
The deposit has been receipted but there is nothing on the receipt about when the material is too arrive or when the balance is to be paid.
There is no written contract.
Any terms or timescale that were agreed were only done so verbally and can be disputed by either party.

I assume your sister wants to have the windows installed and contracted completed without any additional expense.

Focus solely on making this happen and avoid spending any time or taking any action that is likely to delay or hinder getting the windows fixed to the building.

ejmaztec

LK_Dave wrote: »

why don't you contact the manufacturer and tell them your story, find out how much the builder has already paid on the deposit for the windows. Maybe what you should do is pay for the windows and then pay the balance to the builder once the windows are installed and you are happy with them.

Also, should you not be paying the builder by Payments Card? - where you pay 65% directly to the builder and 35% to Revenue. The builder then claims the money back from Revenue once his tax affairs are in order. Also the new payments cards (c 2009) state that the provider of the service stands over the work for 12 months. You may want to check this out with an accountant.

Surely, that only applies if the OP is a registered contractor?

dudara

Thread closed as there is another thread here.