Sub contractor nicking jobs

[so-solar]

Hi, quick question for you all!

Had a a subbie doing quite a lot of work for me, it has come to light over the past couple of weeks
that he has nicked a few jobs from under my feet!

I had had an outstanding invoice for a gas cert, tried to contact client, no response, left it a week, tried again from a different number, he answered!
I introduced myself and told him I was going to pop over and pick up the outstanding balance owed this evening, cash or cheque will do! Have it ready! He stuttered a poor excuse! I repeated " cash or cheque"
at this point he decided to spill the beans

my subbie had arrived at his property, condemned the boiler!

He then proceeded to quote for a new boiler, the client agreed, and the boiler was changed!
Using my materials,

The client even paid him for the original visit!

The he client told me he thought we were business partners and had no inclination that there was anything untoward!

Ive had a bad feeling about this subbie for a few weeks and pulled the plug on any work or contact with the guy.

is there anything I can do legally?
In the future, how can this be stopped?

 

[Ray Stafford]

Did you have a written contract with the subbie, or was it an informal arrangement? If you have a contract and he has broken it, then you have a civil case for breach of contract.

If your materials have been used, then you have a case to claim their value back. You might even have enough for a criminal case for fraud, but I doubt you could get the police to take it forward.

How much value in the materials?

 

[newcastle phill]

Id say not a lot really.
Unless you have approached the subby to forward the payment for that particular job - i cannot see any deception or theft.
Again re the materials. Have you requested the inventory the subby was carrying to be returned and checked. If not again you cant prove a discrepancy to persue.
Re him fitting a boiler - did you ever quote for a boiler. If not then again its hard luck.

Its just my view and others will invariably differ. But its perhaps a case of a lesson learned.

 

[plumben]

The problem you'll have is proving it, but if you can you might have a civil case
That or just go and remove the Schrader valve from all of his tyres to give him a headache in the moaning

 

[lame plumber]

ask him for payment on your materials used, get payment and walk away, saves on stress, however if your built like a proverbial shed and he isnt, you have other options but I suspect your not as most people wouldnt be that daft if you are into weights etc

 

[REDSAW]

eye for an eye!
get him to quote and fix a boiler via an accomplice without him knowing your setting him up..then friend tells him he has paid you in cash for the job!!

 

[so-solar]

Well, I've held back his last weeks money, he's spent a couple of hundred quid on materials from his own pocket! I would give him a slap but after a miss spent youth my record would be against me! He tried to counteract his actions replying that he had been offered other jobs but didn't take them! He can't deny it, the client told me on email the ins and outs! I'm going to hit him with a claim for loss of earnings through theft in a small claims court! It may cost me a couple of hundred quid but it is his money I will be investing against him! Small town we live in! Word travels fast! Nobody wants a fraud working for them!

 

[lame plumber]

hard one to prove in small claims, you have his money, time to walk away and be chilled spending his cash on your beer

 

[Ch4 plumbing]

Best thing to do is spread the word....very few people will give him work if they think he will steal their work!!

Don't bite the hand that feeds you!!

 

[so-solar]

It's in black and white! The client has even put it in writing on an email!
The fraud subbie told the client we were business partners, therefore he assumed it
Was all above board! His downfall was taking the payment for the initial visit and not
Giving it to me! He obviously assumed I'd fall asleep and forget that I'd sent him to the job
In the first place! It pays to be persistent with invoices as it can uncover most abnormalities,

 

[Ch4 plumbing]

The fact is the sub contractor is a ponce!! You gave him work and he stole from you! The guy has little or no integrity and should be cast aside, he can't be trusted!

He will try to convince you otherwise and try to blame customers but you know the truth!

 

[newcastle phill]

Things are seldom black and white at court.
And seldom get resolved with total satisfaction.

 

[hammers4spanner]

Leave it about 3 weeks and pop over his place mid week late one night and put small stones in his dust caps on his van.Not doing any damage other than costing him a lot of hassle and a days pay

 

[armyash]

I couldn't go through all the court hassle i don't think, would rather be concentrating on work.

I'd do what i could to spread the word about what he's done though.

 

[Ray Stafford]

Thinking about it, are we hearing the whole story?

Has the OP been paying him ok? Are there any outstanding issues regarding other jobs? I can just imagine that (whether justified or not) if people feel stitched up on one job, they will stitch you up back on the next. Two wrongs don't make a right, but its still human nature.

 

[lame plumber]

Thinking about it, are we hearing the whole story?

Has the OP been paying him ok? Are there any outstanding issues regarding other jobs? I can just imagine that (whether justified or not) if people feel stitched up on one job, they will stitch you up back on the next. Two wrongs don't make a right, but its still human nature.

you on the bench yet Ray, Pompey magistrates need you

 

[so-solar]

Ray Stafford!! Yes you are hearing the whole story! I pride myself on
paying my lads every Friday! I have never held anything back
I have kept this subbie with 5 days a week every week for 18 months

I paid to renew his gas, hired him a van when his was off the road!

I always gave praise where praise was due and in my opinion a good lad to work for

that's the reason I'm so bitter! Nothing outstanding, no disagreements, just blatantly nicking food out of my mouth!

I hope one that straightens your way of thinking Ray

 

[Ray Stafford]

I hope one that straightens your way of thinking Ray

Not unreasonable to ask old son.

Just let him go and move on. Get your materials money back if you can.

The only thing I would add is this - don't let it spoil your relationship with you other subbies.

 

[rocketmanbkk]

Poor show, people you think you can trust

It's just no good

 

[lame plumber]

Ray Stafford!! Yes you are hearing the whole story! I pride myself on
paying my lads every Friday! I have never held anything back
I have kept this subbie with 5 days a week every week for 18 months

I paid to renew his gas, hired him a van when his was off the road!

I always gave praise where praise was due and in my opinion a good lad to work for

that's the reason I'm so bitter! Nothing outstanding, no disagreements, just blatantly nicking food out of my mouth!

I hope one that straightens your way of thinking Ray

In that case he isnt a subbie in the eyes of the tax man but an employee, so take it from there once youve sorted out your Nics etc.