Who looks after tradesman?

Mfarr3ll

Hi guys
I'm a bit lost at the mo my husband did alot of work recently in a b+b the lady had a full bathroom refit and then added on certain other things to be included. She paid for the bathroom and when she had sliderobes built and a few units on her spefications and measurements she paid an additional amount by cheque and agreed the slid robes needed one more luck of paint in n a couple of days
Yesterday the bank rang my husband as she had cancelled her cheque. He in turn rang her but got her husband and he said she didn't like the units or wardrobes so she's not paying.
Where can we go from here? 600 euro down and materials 4 weeks before Xmas which we cannot afford.
Who looks after tradesmen when this happens
Thanks.

L1011

Courts.

Tigger

I don't do work without cleared cheques or payment
I tell them it's easy for you to sue me it's hardfir me to sue you
I have a good reputation and my prices are good
God be with those trades that still do payment after cos its a brave new world

uck51js9zml2yt

Go back in and remove the wardrobe's.

Mfarr3ll

Remington Broad Stool wrote: »

Go back in and remove the wardrobe's.

That's what he wants to do but not in a nice way he's going crazy

Mfarr3ll

L1011 wrote: »

Courts.

Unfortunately that could go on forever

Mfarr3ll

Tigger wrote: »

I don't do work without cleared cheques or payment
I tell them it's easy for you to sue me it's hardfir me to sue you
I have a good reputation and my prices are good
God be with those trades that still do payment after cos its a brave new world

He usually gets a down payment but after he was paid in full for the bathroom and she just had a few extras I suppose he thought nothing of it. He sat outside her b+b tonight but her nor her husband would answer his calls

uck51js9zml2yt

He needs to roll up Monday morning with his tool box.
Wonder could her report her to the Gardai for theft/ fraud if she seeks to hold onto them.

Either way, small claims court for 25€ online.

L1011

Remington Broad Stool wrote: »

Either way, small claims court for 25€ online.

Not a valid case for them.

Into The Blue

I'd ring the local garda station, explain the situation and ask to be accompanied when you go to remove the presses. At the very least the gaurds will ring the b&b.. Might shake them

fro9etb8j5qsl2

Into The Blue wrote: »

I'd ring the local garda station, explain the situation and ask to be accompanied when you go to remove the presses. At the very least the gaurds will ring the b&b.. Might shake them

And threaten to badmouth the b&b all over the Internet. And if that doesn't work, THEN remove the units.

LionelNashe

If she doesn't like the units, why do her the favour of removing them for her. I'd say take her to court. It doesn't matter how long it will take as long as she has to pay up and pay the court costs in the end.

dpofloinn

Do not enter the property or remove anything, Do not threaten anyone legally or otherwise that will only create a ****storm that will come back and bite you in the ass. Calling the guards will not be of any use, this will be considered a civil matter. Contact your solicitor Monday morning for advice with how to proceed

dixiefly

I really feel your pain as your husband sounds v genuine.

I cannot offer any better advise other than a call to a solicitor asap.

And name and shame here at least by PM.

dudara

This is not a Consumer Issue, as your husband is running a business. Moving to E& BM

dudara

dudara

dudara wrote: »

This is not a Consumer Issue, as your husband is running a business. Moving to E& BM

dudara

Has your husband got anything in writing or was it all done verbally?

If he has nothing then its a lesson learned the hard way.

Would contact customer and arrange a time to go in and remove wardrobes etc, and in the future have work order paperwork on his person at all times that he can fill details into and get the customer to sign on the spot whenever they request an extra lick of paint or an extra door. Make sure the fine print is heavily in your favour.
If the person won't let him remove the installations, then call the guards and consult solicitor. That would be grounds for a lawsuit I'd imagine.

screamer

Seen this before with a friend who was a carpenter same story did the work never got paid. Small claims court won't help as you're a business. You can't enter her property and remove them that us illegal her fraudulently not paying you is fine. I'd put a protest outside her b and b coming up to Christmas and Shame her into coughing up.

KERSPLAT!

No idea if it would or could work or how much it would cost but could you contact a debt collection agency? They'll want a % but hopefully you'll get something from it.

I wouldn't be letting them away with not paying anyway, its hard enough to make a living without this shîte

cocoman

A strongly worded solicitors letter will probably work but it will cost a few euro.

sf80

Talk to the bank and/or solicitor. A cheque has a special meaning, I'd be surprised if you can just cancel a cheque like that. Smells like fraud to me; why would anyone ever use cheques if it was that easy?

my3cents

sf80 wrote: »

Talk to the bank and/or solicitor. A cheque has a special meaning, I'd be surprised if you can just cancel a cheque like that. Smells like fraud to me; why would anyone ever use cheques if it was that easy?

You can cancel a cheque provided its not cleared, no problem. There's nothing in law to stop you doing so and its just the same as not paying in the first place. Some people don't like accepting cheques for that very reason.

sf80

I think the Criminal Justice (Theft and Fraud Offences) Act, 2001 applies here.

This is no different than paying with a cheque you know will bounce

http://www.independent.ie/irish-news/customers-bouncing-cheques-now-face-jail-25885702.html

my3cents

sf80 wrote: »

I think the Criminal Justice (Theft and Fraud Offences) Act, 2001 applies here.

This is no different than paying with a cheque you know will bounce

http://www.independent.ie/irish-news/customers-bouncing-cheques-now-face-jail-25885702.html

The OP should read that link.

Mfarr3ll

He has her bounced cheque well it's on the way back to our house from the bank.
Her husband said he didn't give an invoice and it took them 3 days to take the wardrobe apart but when my husband replied I'm recording this conversation he wouldn't say a thing. She hasn't been given an invoice as he was die back to coat the wardrobe's but she wants to claim the vat back on the 6k of other work she got done.

That article above is very handy thanku.

power101

Has your husband given her any invoice for any of the work? This sounds like she is using the home renovation incentive scheme. Is your husband a qualifying contractor for this scheme?

Mfarr3ll

power101 wrote: »

Has your husband given her any invoice for any of the work? This sounds like she is using the home renovation incentive scheme. Is your husband a qualifying contractor for this scheme?

My husband is a qualified electrician + plumber he has a maintenance company with a tiler/painter/plasterer + carpenter working for him he is vat registered and tax compliant so if that qualifies him to do it the answer would be yes. He hasn't given her the invoice as the works are not complete but he has no issue giving one when he's paid he rang her today on the landlines and told her he would be over Monday and was going to sit outside u til he was paid and also he is bringing a witness with him he told her I know you booked out Monday so I will he voicing all my issues to your customers 😄 I checked her b+b online and told him she was booked out Monday fingers crossed

power101

Mfarr3ll wrote: »

My husband is a qualified electrician + plumber he has a maintenance company with a tiler/painter/plasterer + carpenter working for him he is vat registered and tax compliant so if that qualifies him to do it the answer would be yes. He hasn't given her the invoice as the works are not complete but he has no issue giving one when he's paid he rang her today on the landlines and told her he would be over Monday and was going to sit outside u til he was paid and also he is bringing a witness with him he told her I know you booked out Monday so I will he voicing all my issues to your customers 😄 I checked her b+b online and told him she was booked out Monday fingers crossed

I've never in my life heard of someone paying in full for any service or good and not been given a receipt or invoice when asked for one. Invoices are always normally given in advance.

The governments own documents tell homeowners not to pay contractors in full unless they have entered all the details online in order for the homeowner to claim back VAT.

You shouldn’t wait until the job is done to enter the details to HRI
online. If Homeowners or Landlords have any doubts that you
will not enter the payment details to HRI online, they may insist
on retaining some portion of the payment until you enter the
balance to HRI online. This is a matter between yourself and the
Homeowner or Landlord.

Page 6

http://www.revenue.ie/en/tax/it/reliefs/hri/hri-contractors-guide.pdf

Mfarr3ll

power101 wrote: »

I've never in my life heard of someone paying in full for any service or good and not been given a receipt or invoice when asked for one. Invoices are always normally given in advance.

The governments own documents tell homeowners not to pay contractors in full unless they have entered all the details online in order for the homeowner to claim back VAT.

Page 6

http://www.revenue.ie/en/tax/it/reliefs/hri/hri-contractors-guide.pdf

My husband gives invoices when jobs are complete not before because the line of work he is in 90% of the time he has extras whether it be extra sockets/ extra lights etc etc

And as I said above he was due back to paint the wardrobe's again plus she had requested spotlights in two rooms, the problem here is not the invoice he had no issue with furnishing one as he does for every job on completion !

If you have nothing to contribute to my original query I suggest you refrain from commenting !

pedroeibar1

From a skim-through there is a huge volume of BS on this thread. The cheque was not ‘bounced’, payment on it was stopped. Legally there is a huge difference. The linked article is irrelevant, as are comments on fraud and the gardai (who will not get involved, as it is a civil matter, unless of course you are stupid enough to listen to advice on picketing her house!)

If the customer ordered X and got X she is liable. If she got Y she is not liable. Simply “not liking” the end product is not enough. Options –

1. removal is not an option – (a) I’d guess most of the bill is labour ; (b) what you get back would be worthless and (c) you could find yourself the subject of proceedings for damages to walls, etc.

2. If you think 600 is enough for you to waste weeks of hassle, stress, etc. way past Christmas and well into next year, think about going the legal route. Get the cheque, write out clearly what happened/what was agreed at the time of the order and then go to a solicitor with those details. An item in your favour is that the cheque was written and sent, and then the bank was later instructed to stop payment. A solicitor's letter might bring her to her senses and show you are serious, but I doubt it. First consultations usually are free and the letter would cost you around €50.

You need to back off and not contact her about anything until you have discussed your options with your solicitor. Doing anything else could make your position a lot worse.

power101

The only reason I brought up the above was that the OP brought up the fact that no invoice was given yet which the customer had asked for and the customer wanted to claim back the VAT.

If it's is simple case of the customer not paying well then thats for the courts unfortunately which is probably not worth it in this case as it could cost more than the 600.

Mfarr3ll

Well I received the cheque back this morning and decided to ring the b+b myself I actually got speaking to the woman and informed her who I was and that I'd received her cheque back from our bank she was lovely on the phone (my husband got on great with her at the beginning she gave him a room key in case he needed a snooze on his break and made him tea and toast one night he worked late ....scratches head )...

Anyway I asked her what the problem was and she told me she didn't like the size of the wardrobe or shelves I then asked her did my husband not build them the correct size I'm sorry about that she replied he did but she was upset and she had a new cheque for him as she didn't want to fallout with him and wanted him to do all the electrics to which I replied I will be asking my husband not to return considering the way she has behaved the last number of days because I've seen the stress levels rise he's out the door with work and this was the last thing he needed she's a real meath woman and said the usual thinking a cup of tea could sort it all. So thank u for all the suggestions I was planning on visiting a solicitor next he collected the cheque + furnished her invoice 20 mins ago so let's hope she doesn't have another episode and cancel this one