Legal Opinions Please

[binky]

Was called out the other day to finish off a job started by another electrician, the job being a full rewire of small 2 bed flat (ex-council). Anyway said sparky can't sign-off his own work, was charging more money than the job is worth, had put bathroom fan venting into attic, and few other corner cutting bodges. ( the bloke had even bonded all the radiators for some reason). Anyway, said sparky had said he would get a mate to sign job off, but wouldn't give cert until he gets paid (having had half the money already). I advised customer that this is not legal, and suggested witholding part payment until he produces certs. Customer also said she would remove monies for cost of remedial works unless he sorted out things like bathroom fan. Anyway, instead of sorting stuff out said sparky decided to remove all fittings and chop cables off short. He is also threatening to return and pull out remaining cables (he had a key cut without permission from customer) - seems to like demanding money with menaces from single ladies. Checked sparky out, and found he isn't registered with anyone, despite the logos on his website for CHAS and NAPIT-MCS. Apparantly he's ex army, and it sounds like he's a 5WW who's just left the forces.

Customer has been onto Police who aren't very interested, they seem to be of the opinion that as she gave key to sparks' builder mate, that it is a civil matter. This doesn't seem right to me, especially as customer has told him to stay out of flat, so question is 'What are the rights of customers to keep people off their property?'

 

[septiclecky]

Get them to change the locks for a start ASAP

 

[Andy™]

change the locks, if he attempts to enter, then call police

 

[Manator]

Change the locks and ask a solicitor to send a letter to the bodger, any attempt to enter her premises without her consent is illegal whatever the police say. Report him to whoever has their logo on his van.

 

[apprentice87]

Theft, criminal damage, not to mention, Harassment, Alarm or Distress under section 5 of the Public Order Act 1986, go to the poilce report the items damaged/stolen, if the police say it is a civil matter, put in a written complaint there and then. A police officer takes an oath to uphold the law, they have no choice.

john

Trespass mind you, is not a criminal offence, it is a civil tort, so i can see where the police are coming from with that one. Theft and criminal damage are obviously crimal offences, so go back to the police and remind them of this. If no action, INSTANT complaint there and then as i said in my previous post.

Always remember though, that when you go to the front desk of a police station, it is often not a policeman stood there, but a civilian dumpty instead.. Ask for a proper policeman.

john

 

[binky]

have already gone to Chas and NAPIT, have also suggested customer might like to put review on his Yell.com. In the meantime, I'm putting word out around the local wholesalers, hopefully it should cost him some business.

If she had changed the locks, this wouldn't have happened!! Customer has a trusting nature and didn't expect such bad behaviour.

 

[apprentice87]

Hi Binky, Careful what you say to others mind..... Or you might find that you are on the receiving end of solicitors letters yourself for defamation etc. Just be careful, and remember that it is not your problem, much as you would like to help..

john

 

[ProDave]

Just to balance the argument:

The spark obviously felt aggrieved at not being paid. So went back and removed the stuff he had installed.

Now on the back of my own invoices it states "title of goods and equipment remains mine until the invoice has been settled in full"

He obviously feels the same way.  He's obviously taken the view, if he's not getting paid, then he's not leaving the stuff he installed. However if that's the case he should also refund the half paid up front so she can start again with another spark.

Now obviously doing that, the whole relationship has broken down.  He can't now expect to get paid and I don't think the home owner can expect the job to be finished by him. I doubt either of them want to see the other again.

There's clearly been a huge breakdown in communication.  If the job was finished bar some details, then the home owner should have given him reasonable chance to complete the job satisfactorily (including certification)  I don't know if that opportunity was given or not. 

It sounds to me some hasty decisions were made by the home owner and rather than put right the snags the bloke took the hump and shipped out.

What a sorry mess.

 

[Evans Electric]

Binky..what does CHAS mean ?  Not familiar with it .

 

[SLIPSHOD & SLAPDASH]

You haven't heard the sparkys side.  Remember, the customer is never right

 

[batty]

It sounds to me he is just a villain. Nobody has the right to cut another persons key that is just criminal.  

 

[binky]

Pro Dave, he has had plenty of opportunity to complete works, but keeps demanding even more money, eg he missed a socket 'becuase it was behind some rubbish' and demanded an extra £90.

Personally if I was owed £900 i think I would finished the work and got the job certified. As it happens he has already been payed £900, is demanding an additional £400 for the cable he hasn't removed, (in reality about £100 worth - it is a small place) and has removed all materials bar cable runs.

So he wants his money and materials and hasn't done what he was contracted to do, has had a key cut without permission, and lied about his registrations with NAPIT and CHAS (construction health and safety)

Hi Binky, Careful what you say to others mind..... Or you might find that you are on the receiving end of solicitors letters yourself for defamation etc. Just be careful, and remember that it is not your problem, much as you would like to help..

john

can't argue with facts, and one hasn't named the culprit

 

[apprentice87]

Hi Binky,

With regards to the defamation bit, you say you have not named them, but i thought you said you had "gone and put the word around the wholesalers" Whilst i have no doubt that what you are saying is correct, Just be careful is all i am saying!!!

john..