Workman invoiced us way over verbally agreed price. We paid some, but now he is threatening court - HELP!?

Question

We recently had some work done on our house and had a team of builders,plumbers joiners etc etc. We paid the rest but one workman has given us an invoice way above any agreed price and includes some of the work we have already paid others for doing. This workman gave us no written quotation prior to doing any work and was rarely present (he sent a young lad instead). 
At our first meeting we walked around the property discussing the work needed and he gave us his advice and the round-about cost. Half of what we talked about he didn't actually do, and what he did do (or the lad did) he made so many mistakes on, then was not available to rectify them, so in the end we called in another workman instead to do the jobs.
After receiving his invoice i contacted him to query it, he was verbally agressive on the telephone and i ended up putting the phone down on him. Next he called at my house, i tried to explain but he just shouted and he told me he was taking me to court, he sat infront of our house for at least an hour for several days following. 
In an attempt to end this i wrote to him explaining why i wouldn't pay the full amount, i told him he hadn't done the work he claimed he had, and i sent him a cheque for approx one third of the price (and i felt that was generous). The cheque was cashed the next day. 
He then called at my workplace and began shouting at me infront of my boss and collegues saying he had only taken that money as part payment and wanted the rest now. He has now wrote to me asking for the rest of the money and says he will take me to court if he doesn't get it.
Where do i stand, am i likely to have to pay it? he can't prove he has done work that he has not done, but neither can i disprove it. Do i need a solicitor?

Jon · Accepted Answer

your real problem is the fact that it wasn't in writing. I suggest taking pictures on how poor the job was and going to court to argue, it sound to me like you have a case. Without a written agreement, the argument is going to be a lot of he said, she said. I would object to hear say if he ever say, I told her that...

also, get advice from an attorney in your area, I'm not sure what the law are there. I'm from arkansas

Pusia · Answer

next time:

get everything in writing first

if something is not being done correctly contact the person to negotiate what both of you are going to do about it then put it in wrting and ensure the other party signs to agree

when you send a cheque for final payment also include a note saying 'this is in full and final settlement of all outstanding monies owed' - which means if they cash the cheque they agree to it being the final amount you will pay

What to do now - contact the police about the harasment, and take advice from the CAB. The only bit of the case which he seems to have on his side is that you agreed to a certain amount of work being done and then although he did the work badly didn't inform him that unless he fixed it you would get somebody else in. But ultimately he does sound like a rip off merchant - be more careful next time!

B V · Answer

If he takes you to court make sure to have his invoice and the invoices of the other workman. Show the judge that he is charging for things that were done by others.

Also have all invoices for all repair work that had to be done to what he did complete

Anonymous · Answer

You should get one and you should not have to pay him for work he did not do...it is his burden not yours to prove he did the work but you can prove he did not do the work simply by using the ones who did as witnesses and using the ones who had to repair the work that the lad did do...make sure all of your expenses for that are recorded and he will end up owing you money...good luck. Yelling and cursing on the phone, waiting outside of your house, and calling your place of employment is harassment. Edit when you give someone a check use the memo line you could have put one time payment or final payment or wrote cashing this check ends any claim for more money.

Anonymous · Answer

Your other builders could give you information in writing about how they had to fix the "jobs" that this guy bodged.

Send copies of this to the builder, explaining why you aren't paying for this work.

If you have any evidence of the poor job he did take it to the trading standards office as they might be interested in this.

KATE L · Answer

you dint have a leg to stand on,,you should have agreed a final price (not a quote) in righting then he would have had to stick to that price even if he did extra work without asking you first..time to pay up for the work he did,,as for what he claimed he did but didn't tell him to piss off.....ps..im a builder

karen · Answer

I would get an attorney, and never rely on a verbal agreement again. Good luck.

Jorge R · Answer

dont worry about him, he is definitely trying to steal money from you the cinstruction business is slow now so construction theft is on the rise dont pay him anymore he cant prove anything and you can get a restraining order for him to keep away and stop calling you.

Anonymous · Answer

He wont take you to court because he hasnt a leg to stand on if what you say is accurate

agius1520 · Answer

it's unlikely he'll take it to court as he knows he'll lose, he's just trying to scare you but seriously, next time he's abusing you or hanging outside your house, call the police for harassment.

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Workman invoiced us way over verbally agreed price. We paid some, but now he is threatening court - HELP!?

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