Where do i stand ?

[jay]

do you trust your plumber sounds like he is the problem just a thought

 

[mikethetile]

service valves are prone to leaking where the screw goes in the front if they have been used a lot

 

[Scott]

I have had them fail from new

 

[Smudger]

I think you've been really unlucky here. I think you're right to not touch the plumbing. Once you break the seal on an old compression valve it can be impossible to seal again. As a plumber I would always insist on fitting new ones. I feel you've been hard done by as the customer pressed you to do the job in the knowledge that you were not a plumber. Even so, she can argue that you caused the leak and you are liable to make good. I tiled a toilet and fitted new wc. As I had to put wc back in temporarily overnight (only one) I replaced old fittings. The next day I noticed there was a very slight leak which wasn't there when I left. When I went to collect cheque the customer showed me some staining in the kitchen where water had run down a crack in plaster. I offered to repair but this actually involved repainting the whole kitchen so cost me a 5 litre tin of Dulux Trade. When I went to do the painting he asked me to do some more work so all worked out well.
I disagree with your plumber, even a seemingly small leak under mains pressure will create a lot of water. You've absolutely done the right thing by communicating with her, giving her good service will only help to build trust and could lead to more business in future. Hope you still manage to make a bit on the job, chalk it up to experience, and make the best of the situation.

 

[Graham100]

Messy. Looks like she plans to deduct the cost of her new plumber from your money. Try and talk her round. Keep calm and tell her that you are on her side and only want the job done properly for her.

If that fails, calmly point out that she has broken the law and potentially commited fraud by stopping the cheque. Reccomend that she takes legal advice on it urgently or you will be forced to take legal action.

Look into it yourself, I think you will find you have the law very much on your side regardless of the plumbing work.

 

[mikethetile]

its not illegal to stop a cheque

its illegal to issue a cheque with no intention of honouring it, under these circumstances she can withhold payment untill the works are completed and that means sstopping the cheque which was issued before she realised there was an issue with the plumbing

only if she doesnt pay can you sue her

 

[Graham100]

its not illegal to stop a cheque

its illegal to issue a cheque with no intention of honouring it, under these circumstances she can withhold payment untill the works are completed and that means sstopping the cheque which was issued before she realised there was an issue with the plumbing

only if she doesnt pay can you sue her

Sorry to dissagree. With my previous company (general contractors) we fitted a uPVC door & surround for a dotty old bird. We fitted it, she said she liked it and handed over a cheque for the outstanding balance and stopped it straight away. When I found out it had been stopped I rang her and asked why. She said she wanted it hinged the other way. Our contract had a clear drawing showing hinges, & handle & stated that it was viewed from outside. Despite this she said she mis-understood and would not pay until it was replaced.

I eventually & begrudgingly took her to the small claims court, she didn't show up so I was sat there with the judge on my own. He explained that the only time that a cheque can be stopped is if there is a suspicion of fraud. Other than that, in his words; "it's like handing over cash then sending henchmen to take it back"
Regardless of the quality of the work, you cannot stop a cheque once it's issued. You CAN refuse to write the cheque, but once you have paid it, if you feel that you have a grievance you have to go to the courts if you can't get satisfaction.

We were given judgement and a cheque duly arrived for the full balance plus the court fees.

Regardless of what state the work is in, you can take her to court and she will be made to honour the cheque.

 

[Olz]

Graham is right, there are three and only three reasons you can legally stop a cheque they are;

1.) The person who issues the cheque recieved nothing in exchange (note this doesnt cover defective goods/services only absolutley nothing)

2.) The contract in respect of which the cheque is issued is illegal

3.) The cheque was obtained fraudulently

Hence why the absolute worst thing you can ever do when your not happy with work done for you in stop the cheque.

He could take the customer to court right now if he wanted on the basis that he has done something for her and she has cancelled the cheque, he would win probably without there even being a hearing, and he would get the full face amount of the cheque, plus interest and the court cost back.

I've done it before when a customer took the mick and bounced a cheque, then cancelled another one pretending she wasnt happy with the work, the quality of the work (which was fine) didnt even form part of the case and the judgement was made by default the minute the judge was issued with a letter from the customer to me pretending to not be happy with the work and a copy of the cheque endorsed by the bank as cancelled by the customer.

Although like I said before, the customer in this case would have a good case to also sue for the cost of repair work to be done, providing she gives chance for it to be rectified first and the OP doesnt get it sorted.

I can absolutley assure you that I am 100% correct about the customer not being able to cancel the cheque in these circumstances.

 

[J.R Tiling]

Cheers Guys

I dont really want to go down the court route to be honest as she seems to be resonable enough (so Far), and she has said she is happy with my work so dont really want to go upsetting her , i think she intends to use the money she was going to pay me to pay for the repairs wich is fair enough , and said she will send me anything that is left over plus rceipts for the work carried out. If i get enough back to cover costs of mats then it wont be too bad i supose.

 

[mikethetile]

Sorry to dissagree. With my previous company (general contractors) we fitted a uPVC door & surround for a dotty old bird. We fitted it, she said she liked it and handed over a cheque for the outstanding balance and stopped it straight away. When I found out it had been stopped I rang her and asked why. She said she wanted it hinged the other way. Our contract had a clear drawing showing hinges, & handle & stated that it was viewed from outside. Despite this she said she mis-understood and would not pay until it was replaced.

I eventually & begrudgingly took her to the small claims court, she didn't show up so I was sat there with the judge on my own. He explained that the only time that a cheque can be stopped is if there is a suspicion of fraud. Other than that, in his words; "it's like handing over cash then sending henchmen to take it back"
Regardless of the quality of the work, you cannot stop a cheque once it's issued. You CAN refuse to write the cheque, but once you have paid it, if you feel that you have a grievance you have to go to the courts if you can't get satisfaction.

We were given judgement and a cheque duly arrived for the full balance plus the court fees.

Regardless of what state the work is in, you can take her to court and she will be made to honour the cheque.

thats right she issued a cheque with the intention of not honouring it, which is illegal

stopping a cheque because it is for the incorrect amount is not, when the cheque was issued it was her intention to honour it but it was stopped when the problems arose

whole different ball game

jr is taking the right approach and will come out of this with his reputation intact , weve all been there and had to take it on the chin, not nice when it happens , but it happens