Potentially being taken to court. What should I do?

[armyash]

Hi everyone

Had a call this afternoon from a customer, I fitted a toilet in their half finished cloakroom approximately 2months ago. The floor was newly tiled, and there was an open stud wall at the back where it looks like there was a cistern at one point.

I fitted a toilet, supplied by the customer and I drilled through the tiles for the fixings. Phone call today to say she has had to have the tiles ripped up, And the central heating pipe repaired.

I have spoken to her partner who is a decent bloke and he told me what's happened. He said she wants to take me to court but he said he would speak to me first to sort something out.

She doesn't want me back in the house which is why they didn't have me do the repairs. I said they should have called me.

I don't want to go to court over it but I don't want to be slagged off online either. I had no way of knowing the heating pipes were there as I didn't do the previous work.

I boarded up the stud wall and I also renewed the old basin for a small wall hung unit/basin. Which there is no issue with.

They have said repairs are approximately £350. I would have done the repairs for free (obviously) if they had let me know. They have said they will send me pictures and copies of bills for repairs so they are not trying it on.

What would you do? I'm thinking offer them 50% of the repair bill as they could have come to me for it. I don't want to be a walkover but I don't want to bend over either.

 

[armyash]

Also I didn't know the heating pipes were there when I drilled through.

 

[Last Plumber]

Why does she not want you back in the house?

How did you drill through the Heating pipes and not know about it there and then?

Why has it taken so long for it to become evident?

I would offer nothing yet or apologise!

You need to think and talk through the situation first in my opinion.

 

[rpm]

Pretty sure it is written down somewhere that UFH heating pipes shouldn`t have been laid in that area under the pan.
(Seem to remember it from a post earlier this year or the end of the last year).

2 months seems a long time for the fault to show unless you just nicked a pipe, as said admit to nothing at this stage (same as a car prang) and aren`t you supposed to be aloud to investigate at the very least?

 

[townfanjon]

I have had something similar Ash . 18 months ago and I am still not happy .

The first call of a leak quite simply should have been you , I smell a rat here .

 

[ShaunCorbs]

If they didn't give you chance to repair it then they don't have anything to stand on just say that if they would of called me back I would of done the repair and any damage foc

I'm sorry accidents do happen but not often

 

[armyash]

She just doesn't want me back in the house because she is not happy I have caused this problem.

Ill add more info because there is nothing worse than half a story.

I fitted a boiler for a bloke about 18months ago. Happy with my work, passed my details on to a colleague, this colleague is the problem customers partner (who called me today). I went and serviced his boiler approximately 15months ago, no probs, then this year he called and asked if I could service his girlfriends boiler. His girlfriend is this customer with the leak.

I went and serviced the boiler, he was there also, she was funny from the minute I arrived, seems the type who thinks they are important and probably get to boss people around in work. They seemed to be not getting on, she kept snapping at him. I felt uncomfortable, within 20mins she asked how long I would be. When I was done he even apologised outside and said she was in a mood. This is when I gave a price to fit the toilet and basin.

Returned to carry out the work, all sorted.

There was no indication I had hit a
heating pipe and I've no idea yet why I am only just hearing about it. I have said I will call him back tomorrow to discuss maters. (once I have advice from everyone here)

I haven't admitted to anything yet.

 

[armyash]

Shauncorbs, thanks that's what I was initially thinking but I know the minute I refuse to give them the money I'll be on court and may lose.

 

[townfanjon]

Its going to be hard and yes you can do without the hassle but I would be tempted to call her bluff, like we all have said , she should have given you chance to repair it , assuming that was what happened .

 

[armyash]

Thanks for all the replies so far everyone. It is possible this is genuine I don't think they are trying it on, the issue I have is them calling me and wanting money without the opportunity to repair.

 

[armyash]

I have no reason to lie to any of you.

Only other info is he text yesterday asking me to call, I called him back this afternoon and he said what had happened. I've text him back tonight saying call him tomorrow.

 

[ShaunCorbs]

Shauncorbs, thanks that's what I was initially thinking but I know the minute I refuse to give them the money I'll be on court and may lose.

They still have to give you the option for you to repair

They can't say no give me the money and I will do the repair myself etc

Might be worth having a word / start the ball rolling with trading standards etc

 

[armyash]

They have had the repairs done before I even found out.

 

[armyash]

Do they legally have to give me the chance to repair?

 

[ShaunCorbs]

Do they legally have to give me the chance to repair?

Yes but trading standards should confirm this

It's like buying a new car and the wheels falling off and going to your local garage to fix it

Then sending a bill to the manufacturer etc

 

[Harvest Fields]

Do they legally have to give me the chance to repair?

Yes mate they do.

 

[armyash]

Perfect, thanks for all the replies.

Her partner, who asked me to do the work is a good guy and that's why he has phoned me first. Doesn't mean I'm going to throw money at them though.

I'll check out trading standards and go from there. I don't want it to go to court. Is it worth me sending them a letter recorded delivery and explaining they should have given me an opportunity to repair etc?

 

[ShaunCorbs]

I would speak to ts first and let them deal with it if they will

 

[armyash]

Thanks everyone. Will update asap.

 

[WaterTight]

Sounds like worst case scenario is being slagged off online. Which you cannot guard against 100% no matter what you do.

 

[Chalked]

They can’t take you to court for something that was not proven to be your fault, or at least you had to be given the first chance to rectify.
Tell her to take you to court, she won’t win.

Don’t worry about been slagged off to her mates. These things happen.

 

[armyash]

Thanks everyone, I'll speak to trading standards.

This customer has spent a lot of money on her house, whole place has been done up so I can understand she is frustrated but I'd be interested to know why the wc where I was working was left unfinished. I won't have any contact with them until I have spoken to TS.

Her partner doesn't live there, she paid for the work so after speaking to TS any future comms will go to her recorded delivery.

If I was her I'd be annoyed with the people who ran the heating pipes where the toilet was going.

 

[jtsplumbing]

Just be very careful what you say over the phone (Could be recording you) Don't put anything in writing that they can use against you, Bet the pig is a solicitor , I wont do work for them worse than Builders,

 

[oz-plumber]

If it were me, I would sit still and wait for the photos and the copies of the invoices for the repairs.

I would say to the customer something like, 'just send me through the photos and invoices and I will get something sorted for you'

After you have received the photos and invoices, contact your insurance company and let them handle the situation.

CC the customer into the email you send to your insurance company.
Let them deal with your insurance company.

Try not to get too emotionally involved with the situation.
It sounds dodgy, so they may back off when you put a formal claim through your insurance, because they will have to prove they are not making a fraudulent claim.

 

[Scott_D]

Smells fishy
Wait for the pictures and invoices, may call the company they used to confirm.