Customer not paying, hanged up on me.

[electricshock]

Hi, everyone. If this is in wrong section, please move.

I need advice on what I should do.

Basically I installed a 4 core 25mm, 20 meters swa cable for a shop. The run was from a 3 phase supply to a single phase shop. The other 2 phases were being used for shops next door.

As this was a emergency job as the old cable was buried in Wall and had been damaged somewhere. I quickly installed the cable so the tenant can get electric in his shop.

Originally the landlord called and asked me to sort it out. We have been working for him a number of years now and everything was fine.

After doing the job, the landlord tells us to get money from tenant. So now tenant saying it's landlord responsibility and landlord saying it's tenant responsibility. I am now stuck in the middle. The landlord is now just boycotting me. Hanged up on me.

Getting straight to the point, I don't want to get into who's responsibility it is. All I want to know is what can I do. I had a verbal agreement with landlord, no signed document. I have sent invoice to landlord address.

Should I do small claims against landlord?

Can I take my cable off as it is wired on the outside and most of the cable is fixed onto next door shops back wall?

What would you advise?

Please let me know if you need more detail.

Thank you in advance

 

[ipf]

No you may not legally remove the cable,unless you can return the premises to the exact condition they were in before you started.Typically this can mean for example if you have drilled holes in the brickwork to get the cable in then you must remove said bricks and replace them with bricks that match the original,you may not fill the holes with mortar as they were not filled with mortar before.This may sound petty,but that's how bad it can get in a court case.The BIG mistake you made in this situation is doing the work without written authorisation.Basically in a court of law a verbal agreement isn't worth the paper it should have been written on.I bet I know what's happened here,there has been some misunderstanding regarding the cost of the job and now the guy doesn't want to pay,the tenant shouldn't have to pay as I would assume that he's renting a property that includes utilities,gas,water,electricity.You appear to be between a rock and a hard place,however I would strongly recommend that you go down the legal route or you could be the one in court.

Sorry, but that is bo$$ox. In a small claims court, the landlord wouldn't have a leg to stand on. Been there....done it. A verbal agreement IS a contract.

 

[electricshock]

just wandered, would this installation need consideration for an additional earth conductor?

Sorry it was 3 core swa. Live, neutral and earth

 

[electricshock]

Sorry, but that is bo$$ox. In a small claims court, the landlord wouldn't have a leg to stand on. Been there....done it. A verbal agreement IS a contract.

How can a verbal contract be proved in court?

 

[telectrix]

with difficulty. but i'm old school. my word is my bond. a verbal contract and a handshake means to me that only serious illness or death would prevent me from completing my obligation. if t'other party reneges, then serious injury or death might result.

 

[Geordie Spark]

How can a verbal contract be proved in court?

I found this on Yahoo for you:

A contract may be made:

1) In writing
2) Verbally
3) By the conduct pf the parties

Even if the contract is made verbally still protects you under the law of contract. After all when you fo shopping you made verbal contracts all the time and contracts by conduct. If these were not enforceable at law we would all be in trouble including the shopkeepers!

So, an oral contract is enforceable like any other. The problem with them is in the absence of a written agreement it is harder to prove. You need evidence. Consider the following:

1. Do you have any witnesses?
2. Do you have any receipts?
3. Was anymore there when the contract was made?
4. How did you pay? If you paid by cheque, credit card or other method then this all serves as evidence.

 

[ipf]

How can a verbal contract be proved in court?

Is the evidence there that you installed the stuff ???

 

[jaypp]

with difficulty. but i'm old school. my word is my bond. a verbal contract and a handshake means to me that only serious illness or death would prevent me from completing my obligation. if t'other party reneges, then serious injury or death might result.

and a holiday at her majesty's expense!

 

[Silly Sausage]

and a holiday at her majesty's expense!

Nobody witnessed the broken verbal agreement, nobody witnessed the retribution.

Next!

 

[jaypp]

Nobody witnessed the broken verbal agreement, nobody witnessed the retribution.

Next!

and i wasn't there when that 'nobody' witnessed it!

 

[Geordie Spark]

Lots more about Verbal Contracts here: https://www.google.co.uk/search?cli...oe=UTF-8#q=proving+a+verbal+contract+in+court

Google is your friend.

 

[jaypp]

How can a verbal contract be proved in court?

verbally, of course

 

[electricshock]

Is the evidence there that you installed the stuff ???

Yes I have the wholesaler invoice for the cable.

 

[electricshock]

I found this on Yahoo for you:

A contract may be made:

1) In writing
2) Verbally
3) By the conduct pf the parties

Even if the contract is made verbally still protects you under the law of contract. After all when you fo shopping you made verbal contracts all the time and contracts by conduct. If these were not enforceable at law we would all be in trouble including the shopkeepers!

So, an oral contract is enforceable like any other. The problem with them is in the absence of a written agreement it is harder to prove. You need evidence. Consider the following:

1. Do you have any witnesses?
2. Do you have any receipts?
3. Was anymore there when the contract was made?
4. How did you pay? If you paid by cheque, credit card or other method then this all serves as evidence.

Contract was made on phone, nobody else was there. Although the landlord came on site and had a look at what I was doing.

 

[jaypp]

Lots more about Verbal Contracts here: https://www.google.co.uk/search?cli...oe=UTF-8#q=proving+a+verbal+contract+in+court

Google is your friend.

are they on about the same thing with verbal and oral contracts? cos i had a verbal oral contract with the missus. apparently she said i should have got it in writing!

 

[ipf]

Unless the landlord denies that the work has been done, which is very unlikely and would present a totally different case, the only argument is about how much is owed. This is the matter discussed and decided upon in a small claims court.

 

[jaypp]

edited. scared missus might see it!!!!

 

[Silly Sausage]

Contract was made on phone,

There'll be a recording of it somewhere then!

 

[electricshock]

I will have to start recording all my phone calls. I know you need concent but who cares, there's apps that do it all automatically.

 

[ipf]

I will have to start recording all my phone calls. I know you need concent but who cares, there's apps that do it all automatically.

More important to get your visits to site, times on site, materials used and general costs together in a file, making it simple to follow and understand. All good evidence.

 

[MDJ]

There'll be a recording of it somewhere then!

shame the news of the world has closed lol

 

[KAS1]

There'll be a recording of it somewhere then!

Our American cousins will have a recording somewhere in cyber space lol

 

[ipf]

Yes I have the wholesaler invoice for the cable.

OK, good evidence, but what about the actual job?....it's done and in position, kinda proves it's done, doesn't it? I presume he's not denying the fact, just disputing who pays.

 

[Guest55]

Our American cousins will have a recording somewhere in cyber space lol

surveillance of the internet airwaves utilizes sophistocated software that picks out key words that require further monitoring.

for example , me typing the word bomb almost guarantees future CIA snooping on this site.

:-D

 

[KAS1]

I belong to the "FSB" (Federation of small businesses that is) that should confuse the powers that be, now that the KGB also use e same initials lol

 

[electricshock]

OK, good evidence, but what about the actual job?....it's done and in position, kinda proves it's done, doesn't it? I presume he's not denying the fact, just disputing who pays.

That's right. His just disputing that tenant should pay.

 

[7029 dave]

Send the boys round!!