Accused of damage to customers property...

[darkcyde]

Hi - I'm a self employed heating engineer and run a business with my father who has done so for over 30 years.

Last August (2007) we installed a new heating system in a customers house. To date, she has only paid 50% of the invoice, leaving approximately £1850 outstanding.

Everything was fine during the week of the install (coffee and biscuits every hour, great!) until it came to presenting the invoice, where all of a sudden she burst into tears with loads of personal problems, so I ended up leaving the invoice with her.

Shortly afterwards she started saying that the job wasn't finished - when we did the initial site survey, she mentioned problems with a dripping kitchen tap and smelly extractor fan. My father said we can take a look if we have time, but it was in no way a part of the quotation.

Since then, her accusations of damage to her property have grown wildly. For example, the landing floor needed to be lifted to access pipework (which had already been lifted prior to our work). The floorboards were already loose, and the carpet simply disintegrated in our hands due to it's age (thin industrial type weave).

She is claiming, amongst other things:

* scratched and chipped radiators (which are over 30 years old)
* replacement carpet for landing, stairs and hallway (at a cost of £60 psqm)
* compensation for heating system not working overnight for 9 months (which she didn't tell us about until Feb 08)
* a leak (which she didn;t tell us about, and got someone else in to sort without our knowledge)
* laundry bill for cleaning towels and dustsheets (which she didn't supply)
* increased utility bills for all the cleaning she had to do

Her claims go so wild in fact to claim compensation for not having any heating or hot water during the time of the installation - she was having a new system installed!! How can she expect to have any heating and hot water during this time!?!?

Her claims have grown over the past twelve months, and I have evidence to this fact as her original letters do not state anything about things that appear on her more recent letters. For example, in the most recent letter damage to doors (photo supplied which shows big hole in a door) which has not been mentioned at all before!

A basic timeline of events is as follows:

August 2007 - installation takes place
Sept 2007 - verbal conversations stating she isn't happy, and also states she is refusing me access to her property - we request a snag list from her in writing.
Dec 2007 - we receive copies of quotes to rectify some woodwork and clean some carpets, and a request for a Corgi inspection - still no snag list.
Feb 08 - Corgi inspection carried out and finds three very minor faults, which my father rectified (as she will not allow me near the house)
Mar 08 - customer still refusing to pay - I send letter saying we do not agree with her claims and requesting that she pay the invoice
Apr 08 - letter from her solicitor stating that they have instructed customer not to pay and request our insurance company inspect, although they are aware that insurance will not pay for all damage and that we may still be libel for further costs. We request a snag list.
May 08 - snag list finally arrives after letter from us chasing - we request evidence to support her claim
Jul 08 - still no evidence - send letter giving 7 days notice to send debt to collection - pack of digital printed thumbnails arrives with yet another new snag list with more additions

As you can see, she is using delay tactics and she is also using her invalid mother as leverage saying that due to all the damage they cant have a stairlift installed, etc, etc and it may be too late for her to return upstairs to her bedroom, etc, etc

Also, during the Corgi inspection it was clear that she had had additional work done (new gas line run to kitchen and lounge) which would have involved pulling up the carpets and floorboards she is claiming we damaged, so how can she differentiate damage that we caused against damage the additional contractors might have caused??

Anyway, sorry for the long winded post - I have tried to keep it as short as possible. Any advice on this would be very much appriciated!

Thanks in advance!

DC

[fisicx]

Sorry to hear that you are having so many problems with this customer.

I was on the edge of a similar case a while back and the result was that the client cannot withhold payment if the contract was completed. If they then wish to make a seperate claim for the supposed damage then that is their right.

It appears that they are not disputing the actual amount but using it a leverage to get you to pay for damage.

If this were me I would ignore every letter they sent and simply get my lawyer to write to her asking for the outstanding balance to be paid and if they refuse request arbitration. I'd also consider compensation (reputation besmirched) and costs (interest, phone calls, letters etc).

Seems like a very silly woman.

[profitxchange]

Are you not covered by your public liability insurance? I would regard this as a con and take her to court, but better your insurer does it and you get on with the business.