Re: FN-FORUM: Contract termination - any legal experts?

date posted 2nd August 2007 15:51

From: "Alain Williams" [EMAIL REMOVED]
> Comments please on something that I am helping a friend through, sort of
> this
> kind of thing.
>
> She bought a house to rent out; arranged a quote from a builder for some
> works
> (kitchen, new bathroom, ...) haggled over the price and got him down to
> #5.
> Builder said 'you don't need a new quote'.
>
> 3 weeks later work done & builder wants #8k ... original quote + VAT.
> My friend had made 3 stage payments toalling #4k all with words like #
> Payment of #2k for works to a total of #5k
> builder signed the paper with those words on it as receipt of money
> (cash).
>
> Builder threatens court. Friend writes letter saying she is getting legal
> advice
> and will reply withing 14 days; tells builder she wants all keys returned
> & does
> not want him in the house without her being there.
> Friend also write letter asking snaggings to be fixed (leaking tap, ...)
> arranges
> him to be there this 9:30 morning. I get panic phone call 9:40, builder
> has entered
> via back door; has dismantled kitchen, unplumbed basins, removed electric
> plugs
> saying that he is collecting he (unpaid for) screws, etc. Builder
> accompanied by
> ''4 large men'', they are verbally abusive to my friend who does not rise
> to the
> bait - I arrive just after they have left.
>
> Police refuse to attend ''A woman has been hit with an iron bar, that is
> more imporant''.
>
> There is a debate if there is a criminal case here: the builder did cause
> some deliberate
> damage (broke key in a lock), quite a lot of collateral damage (plaster
> round fittings
> removed, scratches on floors & kitchen tops, ...).
>
> My friend is going to have to sue.
> I will put up a web site bearing the builder's name, and a factual account
> of what
> happened.
>
> Comments ?

This is very serious. Contact the local Chief Constable immediately - first
by telephone, then by email. Thye telephone call will probably get you
through to the Ops room after redirection - in which case speak to the Duty
Inspector or better still the Duty Superintendent. If you get the main
telephone answering service ask to be put through to the Chief Constables
secretary to lodge a complaint. The time of the number and call originally
made to the Police should be noted.

There appear to be several crimes here including breaking and entering;
extortion (very serious), theft (the things they took were legally hers, as
are her door keys), and breach of the peace. The Police may also consider
that there was an assault (though not physical) and fraudulent
misrepresentation. If she appears to others to be distressed by the incident
then get them to note what time they saw her and her state (evidence).

A local solicitor can apply for immediate court orders. She should contact
one without delay - but remain calm so as not to put off a potentialy
helpful lawyer!

Your friend may also care to get onto the local newspaper and tell them what
happened. This is a good local interest story that may well resolve the
issue quickly. If so, tell the Police in the call to the CC's office.

HTH a bit...

Mike A.