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Hubble

WWYD?

Hubble, 29 May, 2008 at 15:59 Posted on Off Topic Posts 0 11

Am going to TRY to keep this somewhat vague in case of causing RL problems for this mega delicate situation. But i'd really like to know what you think and what you'd do in this situ. You are 'someone'.

Situation - someone hired someone else (a recommended contractor) to do some work on an agreed fixed rate. They then asked him to do a tiny bit of extra work (like a tenth of what the fixed rate job entailed) as an addition, and it was verbally agreed that the terms would be "similar". Everything was fine and really friendly, but then the contractor tried to charge them a frighteningly huge amount of money for that extra work. NB - the job (even the fixed rate part) was never completed.

They tried to negotiate their position to say 'look, how on earth can that be right when the fixed rate for all that was only £x - can we come to a fair arrangement?' and this contractor became abusive and started threatening 'trouble' if the bill wasn't paid in full.

Unwilling to be intimidated out of a lot of money, the someone agreed with this contractor that they should go to an independent ombudsman type person, to do a report on what all the work was fairly worth and that that person's decision would be final. They did so, and the report found that the additional charges were indeed about 10 times over rated. The someone offered to pay the amount that was recommended by the independent person, (bearing in mind that the job was still incomplete) but the contractor became hysetrical and abusive and threatening (quite physically so) and THEN presented a NEW bill which was now hiked by a further huge amount.

The contractor is now causing a ridiculous amount of trouble, making libellous claims and behaving in a very threatening way, not only to the someone, but also to anyone who goes anywhere near someone's buisness and to the family members of that someone.

Does this sound like some kind of protection racket to you? I think it sounds like a plot line from eastenders but i can assure you it's all real and very worrying.

The options for the WWYD as as follows.

a) enlist the full power of the civil law; legal letters requesting this person backs off or face a libel and intimidation actions .. or whatever the legal terms are.

b) call the police and see what power of criminal law can be used - this contractor is frequently on the street by the someone's place of work behaving in a totally irrational manner to whoever goes in and out!!

c) pay the independant ombudsman's estimated bill and wait for the consequences and then go to A / B as appropriate. (Actually, there is no question that they will be paying the person SOMETHING - they are not trying to avoid paying him at all despite what this person is shouting at random clients on the street!)

d) pay the FULL outrageous bill and hope this gets him off everyone's back and puts an end to the horrible matter. (what if it's only the beginning?)

e) try to negotiate with him one last time to behave in a reasonable manner and if not then reconsider the position very carefully.

f) call in the heavies and get him concrete booted. (joke... i think)

g) dunno. haven't thought of a G. Can you?

Someone is worried about the A or B route because ultimately a few shitty legal letters and even an injunction (they feel) isn't actually going to be able to resolve the situation and this highly unpleasant individual will still probably make a big fat nuisance of himself - at best. Not to mention the costs of A. Even if a lawsuit of option A was won and the contractor had to pay the costs - it seems as if he'd try to recoup it all back somehow anyway! Smiley sad

As far as i understand it E is going to be attempted this afternoon.... maybe just maybe they can come to an arrangement - but i'd hate to see a two bit scumbag wannabe gangster get away with any of this.

Please x 100 - if you "know" me IRL then keep this strictly out of the RL gossip domain. I have agonised about posting this but decided to do so anyway in trust of the discretion of hitched according to the Hitchers Code, article 7, clause b; "thou shall not trade in tittle tattle to RL third parties what you think you learned about a known RL situation via the medium of hitched, or may you be struck down with incurably itchy pants evermore" or something. IF you think it's to do with 'that thing' - it actually isn't, so nyerr.

Anyway, not meaning to make light of what could actually be a really serious problem here.

Thanks Smiley smile

Thanks for any thoughts on this.

11 replies

Latest activity by Pen, 30 May, 2008 at 10:43
  • SophieM
    SophieM ·
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    Cor, that was a long one (as the actress said tot he bishop). ? I have no idea what you're talking about but on the info you've given I'd advise going to the police.

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  • Mrs Chef
    Beginner
    Mrs Chef ·
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    sounds heavy! i'd go back to the ombudsmun (sp) and get snd idea of the cost of the work done so far so you know what's reasonable to pay him, having said that i'd be inclined not to pay a penny for the harassment etc etc

    i would also be lookng onto legal action.

    hope u get it resolved x

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  • Bombay Mix
    Beginner
    Bombay Mix ·
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    C seems to be the most sensible, since the someone and the contractor agreed to consult an ombudsman. But then it does seem like giving in a little if the work was never completed.TBH is doesn't sound like lawyers' letters would help here as this contractor person is clearly unhinged.

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  • E
    Beginner August 2008
    Els09/08/08 ·
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    Firstly, I would say, do NOT pay the full amount requested under any circumstances. I would pay for the work completed (not the full amount originally requested if he hasn't finished and minus any amount you're going to have to pay someone else is anything done needs rectifying). If he keeps kicking off then tell the police and consider a restraining order. Don't bother with (a) - if he hasn't been paid what he wants its his problem to prove in court not yours (or whoever you're referring to), though you could consider a solicitor letter if you feel its worth the money. Genuine question - aside from being a nuisance what can he do about it?

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  • dobedo
    Beginner August 2006
    dobedo ·
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    Based on what you've said, I think I would get legal advice, and possibly report him to the police for harrassement. I wouldn't try and negotiate again, it sounds like that has been tried and hasn't worked.

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  • lobster
    Beginner
    lobster ·
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    Sounds like all reasonable options are already exhausted. I'm guessing that the areement to be bound by arbitration was verbal? Someone could try the court route but then you have to enforce and as for the intimidation, it's a police issue.

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  • Hubble
    Hubble ·
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    Thanks for all your responses. I wait with interest to see how this actually pans out and will update you if you're interested.

    My blood boils and i am fantasising about running the *** over - but it seems that the someone involved - although they have all the resources for a full on celebrity deathmatch style wig-fight - really doesn't want to have to pull out all the big guns. They don't see that having a fight is the answer and that in reality it's a long, horribly drawn out process with no winners at the end of it all - for the sake of maybe 10 grand or whatever... I don't really agree but it's not my call. It seems that playing 'my dad's bigger than your dad' is getting them both nowhere - both are very well connected and it seems a lot of people speak highly of this man (despite the fact that he seems to be an aggressive little *** of some magnitude) so ultimately a war of social and professional attrician is just going to produce a lot of sourness and a lot of wasted energy when there are bigger issues at stake. I dunno. I say throw the book at him (and tie it to a hand grenade) - but maybe i am not seeing the bigger picture.

    Thanks for your insights. x

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  • F
    Beginner July 2003
    Fimble ·
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    I would go to the police re the harrassment.

    If the contractor wants money let him sue the someone. Then the someone can go to court and explain what has been going on.

    I would keep a diary of everything.

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  • K
    Beginner
    Krissi ·
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    Totally agree with what Fimble says. What a horrible situation for all involved.

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  • Hubble
    Hubble ·
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    Quick update.

    The plan was to try to negotiate with contractwat, but at the 11th hour the Someone and their business partner decided 'no, *** him.' I am so pleased. Lawyers (but not police) have been instructed and he will be heavily advised to settle the matter and leave it at that, or face the consequences. If he then chooses to persue it through the courts (or howsoever else) it will be resisted.

    They just couldn't face the thought of making a compromise and letting him swan around telling everyone how they were refusiing to pay his bill and how he soon sorted them out. The guy is clearly delusional but they really think he's a barker, not a biter and won't do anything dangerous. Hopefully he will skulk off with the money fairly due to him with his tail between his leg - and even if he keeps bleeting on about a pack of lies - frankly noone that matters is going to give a toss anyway.

    Wish them luck!

    Thanks for your input.

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  • NickJ
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    NickJ ·
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    Unless the original contract state staged payments, then frankly, he hasnt finished the job, so he gets fuck all. but they need to write to him to that effect, stating what was verbally agreed and that they dispute the inflated amount (i assume they ve done all this?) if he s causing a nusiance at their place of business and behaving in a threatening way, i d go to the police, pronto.

    i wouldnt give him a bean tbh. fyi - if this is do to with building works, and he tries to pull the old "materials remain the property of the contractor until paid for in full" line, and tries to take things back, thats all well and good if its materials which are stored there waiting to be used. he cannot remove anything which has been fixed or "forms part of the land" as that would be theft and possibly criminal damage as well, despite the fact they ve yet to pay.

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  • Pen
    Beginner July 2007
    Pen ·
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    God he sounds like a right loon who thinks he can write a bill for whatever the hell he likes and still expect to get it no matter how unreasonable it is.

    I wouldn't waste any more time with him either. Glad to hear that they're going to pay him for work done and tell him to stuff the rest of the work and the bill. He can try and chase them through the courts for anything else if he thinks he's hard enough.

    If he insists on ranting and raving outside the business premisis, continues making threats, continues to harass or undoes any of his paid for work, I'd inform the police and let them deal with him. Irritating little schit bag. (Him, not you, ?)

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