Might be going to court!

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Did my comments get removed?
Yes. As they were suggesting action that an electrician is not legally authorised to do. As such it is not within the spirit or purpose of this forum and it will not be left on open forum for public display. Any competent qualified or responsible electrician would never advise or recommend the actions that your post suggested. So they have no practical or constructive value to the topic under discussion.

Doc H.

 
erm......

So what did he say????

I am in suspense here.....

was it rude?

illegal?

or just plain stooopid????

(note to self: must log on forumbulater earlier.. missing all the juicy bits?)

 
erm......So what did he say????

I am in suspense here.....

was it rude?

illegal?

or just plain stooopid????

(note to self: must log on forumbulater earlier.. missing all the juicy bits?)
suggesting some illegal entering of property and illegal way of removing power to property...

 
Note to all....

The first thing to know is that in UK law there is no need to have a written contract except for dealings in land - this is statuary and cannot be overidden by a Court, so a claim would not be thrown out just for having no written contract.

For a contract to exist in its simplest form there must be three items present:

An offer i.e I will rewire your house

An acceptance i.e. The customer says yes please rewire my house

An exchange of consideration ; I supply labour and materials and customer provides money

Presented like this a court would find a contract does exist.

Things get a little more complicated when there is disagreement over what was actually agreed, however in a domestic rewire situation this is not a particularly difficult exercise, the court would examine all the evidence and decide what a rewire means in that particular case bearing in mind the testimony of the parties/ industry norms etc

Any areas of ambiguity may be struck out but again the court may impose terms using any evidence presented

That said it is always best to have a written contract as this leaves no room for doubt as to the terms, any deviation/addition should also be in writing.

This may include, inter alia,

Overall price agreed

Day rate - and an estimate of the time to be taken (build in your problem jobs!!)

Materials to be used including Makes, Quantity etc

Access

Delays due to influnences out of your control - how to be managed and paid for

Finishes

Cleaning

Reinstatement of Furnishings, carpets etc

Delivery of test results /inform LABC

In to OP's post, there would be no difficulkty in showing a contract does indeed exist. He has done the work and has been partially paid - both sides openly admit having a contract, the problem is the nitty gritty - and this is for the court to decide.

If you do go to court go with 'clean hands', be honest,frank and open, do not bullsh1t. Judges hate liars and conners and have lots of discretion when deciding what the actual terms are - after all it is an opinion, based on the evidence available, not fact

This is not intended to be a full treatise on contract law in the UK and you are advised to seek qualified legal advice from your Solicitor in any action.

this is intended as a very brief outline for your information only

RegardsO)

 
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Progress report!

After 2 weeks holiday there was no response from the client so last Friday (14/10/2011) I applied to the small case claims court .The initial cost was

 
Progress report!After 2 weeks holiday there was no response from the client so last Friday (14/10/2011) I applied to the small case claims court .The initial cost was
 
Re-present the cheque three times; each time you do that he is charged.

 
to the folks on here that speak of debt collectors, when I was with my ex (thankfully ex) she had got herself into all sorts of money troubles which i ended up helping her out with, not financially but time spent dealing with it etc.

Debt collection agencies it appears have no more powers than you or i, they will send threatening letters in shocking red ink, and threaten bailliffs, but when it comes to the crunch they wil just pass the debt back to you and say that they have done all they can.

unfortunately, it is becomingmore and more common knowledge too

 
debt collectors do have very little legal powers. they cannot enter a property to take anything etc. only a bailiff can, and only after it has been to court

 
Just to let you all know that my case will be heard in court on 01/02/2012.

I received a letter from the the customer, via the court, and he is now claiming he was intimidated by me to write the cheque.

He is also counterclaiming for work that was never done or charged by me!

In hindsight I am now having second thoughts because I think about this case every day and it is starting to get me down. What is worse is that I know I did a good job for a reasonable price and he could end up getting away with it.

If anyone is willing I would like you to produce an estimate for the work that I done but this would have to be on a letter head as I would like to produce them to the courts. If you could email me privately I will send you all the details and go from there.

Believe me, I am not after any favours just a true estimate of the job I done.

Thanks in advance

Dave2

 
If anyone is willing I would like you to produce an estimate for the work that I done but this would have to be on a letter head as I would like to produce them to the courts. If you could email me privately I will send you all the details and go from there. Believe me, I am not after any favours just a true estimate of the job I done.

Thanks in advance

Dave2
I am not sure the actual agreed costs for any works is a legally disputable matter. If one person agrees to charge or pay

 
he won't turn up,
just to clarifly,

he won't turn up because he's an ********, rather than change of heart & wanting to pay for the work,

what always makes me wonder is the mentally of those that want to go court over a poxy grand, maybe I've mixed in the wrong circles I'm aware of violent acts being undertaken where there much less money involved. **edit** I'm not saying either give him a kicking or get somebody else too

When you get the judgement the best thing to do is try & get attached it to any property owned by the defendant,

 
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