A good one for you tonight guys - TRADESMEN

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    A good one for you tonight guys - TRADESMEN

    Evening all

    So today I had to get an electrician to my tenants to do a quote. He got there (i was not but tenant was) he parked in car park instead of on road and got a wheel clamp because he ignored the million signs that are in the carpark.

    He is now demanding I pay the £480 release fee and has sent me an invoice saying that the terms of business on his website state that I am responsible for such fines. I have never even knew he had a website but there you go.

    He has now stolen the fuse box and other bits from the property and will not return them until i pay the sum.

    He has said he is going to take me to the small claims court for payment as I refused to pay it.

    I have had to contact the police as well not only to get the property back but becuase he his sending abusive texts to my phone. Its outragous

    have any of you experianced this or the small claim court?

    #2
    Theft/Criminal Damage?

    He will be laughed out of court if he tries to sue you for his own actions.

    A couple of years ago, I phoned a roofer for a quote. Got the quote and said I'd let them know. A couple of weeks later, I get a call from the roofer saying the job is done, and where do we send the invoice. I explained that I hadn't instructed them to do the job and wouldn't be paying. They threatened to go on the roof and remove the work they had done, but once I had given them specific instructions that they were not allowed on the property, they would then be trespassing. Ten mins later, tenant phones to say the ladder is up! 999 call and our nice local constabulary came along and explained that what they were doing was not a good idea.

    Comment


      #3
      Ha ha thanks for the message Snorkerz I cant believe this guy says that his terms of business state that I am responsible for his wheel clamp and that I should have told him about the car park having wheel clamping in opperation. I dont live there and dont live anywhere near there. He drove in saw the signs and ignored them. His website terms of business (now he has given me his website) does say :-

      There are no charges made for parking, tolls or any other hidden charges. However, you MUST notify us in advance if your property has any clamping or other parking scheme in force and provide us with the appropriate permits.

      but the guy probably updated that this afternoon. At no point did he tell me he had a website or terms of business or gave or asked me to look at them online.

      police are saying they cant do anything as it is a civil matter and he will return my items if i pay him - my response was well if I ever decide to burgle someome I will make sure my terms of business say I will give your stuff back if I you pay :-s

      Comment


        #4
        Originally posted by whippy View Post
        police are saying they cant do anything as it is a civil matter and he will return my items if i pay him - my response was well if I ever decide to burgle someome I will make sure my terms of business say I will give your stuff back if I you pay :-s
        Police are wrong - theft / criminal damage is a criminal matter. Call them again, and if you get the same answer, ask to speak to someone higher. If that doesn't work, complain here: http://www.ipcc.gov.uk/Pages/forms.aspx. User Kittikat did so and got a very impressive response (see post #16)

        Comment


          #5
          Originally posted by Snorkerz View Post
          Police are wrong - theft / criminal damage is a criminal matter. Call them again, and if you get the same answer, ask to speak to someone higher. If that doesn't work, complain here: http://www.ipcc.gov.uk/Pages/forms.aspx. User Kittikat did so and got a very impressive response (see post #16)
          You'd have to go under Criminal Damage, as it is not theft if he has no intention to retain the items permanently.

          My current TFH (see my other repossession thread) is still in possession of my parent's Wedding Present designer teapot (from about 1960) she walked off with in January, but the police have already specifically refused to take a report of theft until she has completely vanished with it, or stated her intention to keep it.

          If he didn't draw your attention to it sufficiently then he's taking the P. "I wrote it on the website I didn't tell you about" doesn't really cut the mustard.

          Do you have a website?

          Put a statement on there saying "Parking Policy. There is a parking scheme in our car park. We advise tradesmen to park on the street, and will not take responsibility for parking fines if you ignore our clear advice.", and send him the url to that.

          You can check the truth of his statement by Googling for "cache:web address" eg cache:http://www.landlordzone.co.uk/site-zone/about.htm.
          That will tell you the state of the page when last indexed. If it is only crawled occasionally, then very recent additions will not show.

          Equally, tell him to put the stuff back by a short deadline, or you will get a quote from somebody else and sue him for the costs, in addition to the costs he has already forced you to incur.

          ML
          Refer Mad Regulators to Arkell vs Pressdram.

          Comment


            #6
            But you have not agreed any business with this person, so his terms of business surely do not apply.
            Natural selection is a wonderful thing
            You shall know them by their fruit
            Saying "Never say never", says it

            Comment


              #7
              Originally posted by whippy View Post
              but the guy probably updated that this afternoon.
              If his website was different before, there may be a record of it on Wayback Machine.
              http://www.archive.org/web/web.php
              Natural selection is a wonderful thing
              You shall know them by their fruit
              Saying "Never say never", says it

              Comment


                #8
                Makes you wonder if by putting on his website such specific details about Wheelclamps, if he has one of his own. Perhaps the only way to deal with this is to get another electrician in to replace the missing fusebox and submit a claim in the small claim court. Also what about making a claim to the Trading Standards over this "Cowboy Electrician" Certainly you should not be held responsible for his disregard of parking restrictions and the financial consequences.

                Comment


                  #9
                  I have googled his website and it does not even come up and does not come up on the wayback machine. I listed my details and job on Ratedpeople.com and he contated me via telephone to provide me with a quote at no time did he refer / inform or tell me of his terms of business or website.

                  He does have a website as he has since sent me the link with my invoice for £480.

                  At the end of the day he did not make me aware of terms of business, the property is not in my name and I was not aware or infomred of a parking restriction by him or the person that actually owns the flat. I was obtaining quotations for a friend who owns the property and athough the quote was a good price he informed me he would not be able to start any work until later that afternoon or over the weekend so I would have expected to received details of his quote through the site or via email/ post then i would have been in business with this man.

                  he could have telephoned the number on the signs to make himself an exempt tradesman, asked tenant for a permit or parked outside the carpark as there are plenty of spaces.

                  his van is still clamped and due to be towed away today incurring more charges of £35 per day he says he will add them to the county court claim along with his £9 taxi fare to collect items from his van. He has since been back and let down his own tyres :-s

                  Comment


                    #10
                    Horrible situation - the electrician is clearly in the wrong and no court would side with him over this, and I certainly wouldn't be paying him. The trouble is, this is going to get really nasty - the clamper's bill is going up and up; you're going to end up having to pay £100's more to another electrician to sort out the shambles, and will need to sue for that...

                    £480 sounds an unbelievably exhorbitant fee - is that really right, and if so, is it legal?

                    How has the electrician accessed the property to remove the fuse box - did he go back later after having had no joy with you after the clamping issue? If so would that be trespass?

                    Is he a member of a trade body (should be on his van or website)? If so they might just help nip this in the bud...

                    Comment


                      #11
                      This sounds really dodgy to me. If he was a proper tradesman he would rather have his legs cut off than remove his primary work tool (his van)

                      I would send letters from two post offices with proof of posting and one registered saying that if he doesn't remove the car within five days you will ask the management company of the car park to consider that the vehicle has been abandoned and remove it.

                      I would get another electrician to repair the damage (I'm sure that your tenant needs power!) and issue an immediate money claim for the repair and all of your costs.

                      The onus is on the electrician to prove that you instructed the work and agreed to any terms and conditions that he has. You only asked him to do a quote.

                      Comment


                        #12
                        Electricians have to be affiliated to a body such as the NICEIC. They have strict safety standards and pulling out the fuse board probably does not meet those. Worth contacting for advice.

                        I think you are going to have to bite the bullet and mitigate the problem by getting another electrician in to sort out this mess quickly. Seek compensation in court afterwards. You cannot expect T to wait however long it takes for everything to be sorted out between you and the loon.
                        Assume I know nothing.

                        Comment


                          #13
                          Originally posted by Brixtonia View Post
                          Electricians have to be affiliated to a body such as the NICEIC. They have strict safety standards and pulling out the fuse board probably does not meet those. Worth contacting for advice.

                          I think you are going to have to bite the bullet and mitigate the problem by getting another electrician in to sort out this mess quickly. Seek compensation in court afterwards. You cannot expect T to wait however long it takes for everything to be sorted out between you and the loon.
                          I agree. If you called the electrician then you risk being in breach of contract with the tenant every minute they're without power. You should first get power back to the property and then sue for compensation.
                          Disclaimer:

                          The above represents my own opinion, derived from personal knowledge and should not be relied upon as definitive or accurate advice. It is offered free of charge and may contain errors or omissions or be an inaccurate opinion of the law. I accept no liability for any loss or damage suffered as a result of relying on the above.

                          Comment


                            #14
                            Right new electrician has just finished so power on shame it was a weekend rate but the tenants needed their power. He charged me extra to replace the stolen parts but thats life.

                            The clamped electriian has now emailed his invoice to me for the £480 wheel camp as per his terms of business on his website (which i had no knowledge of) and has text me to say they always hase bad debts and will see me in the county court as i am liable for his wheel clamp due to me not informing them they are in force in the carpark. how bizarre so looks like I will have a claim form issued on me at the flat. Only problem is I dont live there I am not the landlord I only got the quote sorted out on behalf of the landlord so god knows if im liable or not :-(

                            Comment


                              #15
                              Originally posted by whippy View Post
                              Right new electrician has just finished so power on shame it was a weekend rate but the tenants needed their power. He charged me extra to replace the stolen parts but thats life.

                              The clamped electriian has now emailed his invoice to me for the £480 wheel camp as per his terms of business on his website (which i had no knowledge of) and has text me to say they always hase bad debts and will see me in the county court as i am liable for his wheel clamp due to me not informing them they are in force in the carpark. how bizarre so looks like I will have a claim form issued on me at the flat. Only problem is I dont live there I am not the landlord I only got the quote sorted out on behalf of the landlord so god knows if im liable or not :-(
                              It sounds as if E needs a porcupine inserting from the rear - backwards !

                              ML
                              Refer Mad Regulators to Arkell vs Pressdram.

                              Comment

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