customer avoiding paying.

[DrainMedic]

Unfortunately, as you've not got a contract, and therefore you've given no cooling off period, the small claims court won't rule in your favour as its illegal to fail to give the notice of cooling off period under the doorstep selling regulations. The only exemption in this case from the DSR's is if the customer has called in to your office and booked you to come and do the job from there. If you've gone to him, either by his request or otherwise, the law isn't on your side. The other exemption is if the whole job is under £35 plus vat, but that's unlikely in almost all cases.

The DSR's are a pain, and you should always give the written cooling off period and if you ever need to start the work within the COP, you must get a form signed, called an opt-out form.

 

[DrainMedic]

Next time
1) get deposit and signed estimate/quote
2) get an amount paid when boiler on site / first day
3) signed doc saying payment on completion

The contract must include a cooling off period, or its not enforceable in court. Your local authority will advise more on this, and the FMB have a section on their website where you can download sample forms to comply with the doorstep selling regulations.

 

[CJH]

Hope you get paid, without a contract your a little tied but not totally screwed id say allow up to 28 days for payment then report back and on to the next step.
Good luck

 

[got_any03]

Update. Ive had no contact from landlord since sunday wont answer my calls or text. Ive rang him off ofher numbers somebody else answered fobbed me off saying hed ring me back but didnt. Does anybody know the position on gaining access to remove boiler if there is a tenant living in there or not.

 

[Dotty]

You can't remove the boiler. That would constitute you committing a criminal offence.

 

[plumben]

Update. Ive had no contact from landlord since sunday wont answer my calls or text. Ive rang him off ofher numbers somebody else answered fobbed me off saying hed ring me back but didnt. Does anybody know the position on gaining access to remove boiler if there is a tenant living in there or not.

I'd get your solicitor to send him a letter with your invoice attached

 

[got_any03]

You can't remove the boiler. That would constitute you committing a criminal offence.

why would i be committing a criminal offence if i own the boiler

 

[got_any03]

i think the address i was given for the landlord part of the cp12 he doesnt live there.

 

[got_any03]

As ive been round 4 times and theres nobody answering the door and his vans not there

 

[got_any03]

how can i be committing an offense if i own the boiler

 

[hammers4spanner]

Your removing it from someone else's property your snookered son

start money claims if i was you

Or option b expanding foam down flue

 

[Rickster123]

Your removing it from someone else's property your snookered son

start money claims if i was you

Or option b expanding foam down flue

Or option 3 get in rip it out and get out quickly. Fastest option is to not isolate the supply's.

 

[Best]

Have you got any emails & texts & other communication from him? Keep all this & get it all in print.
He asked you to do the job & was there for a while as you worked. The labourer would be a witness.
I would suspect the Small Claims court would look favourably on you. He has not paid you any money so far & he would have to alledge that there was faulty workmanship- which he would have to prove in court. A contract can be verbal. It simply requires an agreed job at an agreed reward. Only real problem with a verbal contract is proving it. Did anyone witness you giving a price etc?
Try getting the landlord to reply to your texts & he might say the wrong thing & hang himself.
Small claims is a straightforward process

 

[got_any03]

Was thinking of blocking the condense to be honest

 

[got_any03]

Ive got all the texts promising to send payment and agreeing to have the job done

 

[Best]

how can i be committing an offense if i own the boiler

Difficult one, but if you still have a key & remove the boiler providing the place is unoccupied, then it's your word against the landlord owner. After all, - you are not finished the install & you have decided the boiler is not the right one! :wink:

 

[Best]

Ive got all the texts promising to send payment and agreeing to have the job done

Brilliant! That's evidence. Don't wipe them. Get them on print - yours & his communication.

 

[rpm]

Ive got all the texts promising to send payment and agreeing to have the job done

Surely that nails it!

 

[Best]

Hope the landlord isn't reading this though!

 

[got_any03]

I just need to get a definate address for him

 

[Dotty]

how can i be committing an offense if i own the boiler

Because, technically, it's now part of the building.

I'm not saying it's right but it is what it is....

 

[Dotty]

Sealing disk at the gas meter would be a good one. Non destructive and easily reversed.

 

[gasmanrob]

Unsure if it has changed but back in the days of squatters rights a "fixing" was anything secured via a nail.

Anything screwed was fair game.

Unfortunately you are neither a squatter nor living in 1807. So down the legal channel. The texts should be enough to secure a ruling in your favour but you must behave and keep everything professional

 

[gasmanrob]

Put in the legal letter your intent to place an order on his property if payment cannot be made. And once an order is placed you could force a sail of the property to settle the debt.

Years ago ago this wouldn't of been able to happen but I believe there is a case recently where this happened over £1200 or as close as

 

[SJB]

Wait till he moves some tenants in, knock on the door, say you installed the boiler and need to do a check of some sort. Cap it off quick. You'll get paid once the tenants get onto him.

Or or put a charge on his property.