A question about : Advice please!!!!
Thank you in advance for taking time to read this post, not sure if this is the correct section to post under but looking for some advice please.
My partner and I bought a house in early December 2014 and are wanting to extend. We were recommended 2 architects , one from a family friend and the other by someone who cuts my partners hair who had done some drawings for him.
We spoke to the one recommended by the family friend first- he came to visit the property had a look around, briefly discussed what we wanted and said he would sent a quote out. He did and if we wanted to go ahead with him we had to sign a contract and send him a deposit.
Anyway a few days later the other architect came out, the same conversation took place, he said he was very busy until the first week in January so we should not expect the quote before then. He said he would take the measurements then and there just in case to save him a second trip if we wanted to go ahead. My partner gave him our email address as he said he would email a quote over. The only cost that was discussed is that it would be around Ј450 but once he looked over everything he would give an exact quote.
We weren't in any particular rush as had loads of other work to get on with so that was fine we decided to wait for the second quote.
On 4th Jan my partner received an email from the second man, not with a quote but with actual drawings he had done! He sent them over very late at night so the first thing we did the next morning was to call him, we explained we did not expect drawings but a quote as agreed as we had not agreed to take any services out with him. We said we would be in touch when we had made a decision about what we wanted to do and received his quote so we could make a decision.
Over the course of the next few weeks our baby girl was taken into hospital for quite lengthy stays on two occasions. So we put everything on hold. We had one missed call from this man but had not found the time to call him back. A couple of days later we received an email with an invoice from him for Ј450 plus Ј100 for planning acceptance. We called him later that day and explained we had no agreement with him, also emailed him saying the same. This man threatened that if we did not pay within 7 days he would instruct legal proceedings. We replied saying we have no contract with him, we did not ask him to carry out any work- we only asked for a quote which was never received.
Today we have received a letter from a solicitor asking we make payment by 2nd March.
Does anyone have any advice of where we stand please or who to turn to for advice without it costing any/much money?
Thank you for taking the time to read this.
Best answers:
- I am sorry I have no idea. You can probably get free legal advice from Citizen's Advice
- Try legal beagles forum.
Without any form of written proof you asked it to be done common sense would say its your word against his.
I know verbal contracts can be binding, but how can it be proved?
I would reply and defend this on the basis of what you said in your post.
HB - Or try the CAB forum page
https://forums.moneysavingexpert.com/...play.php?f=241
I'd agree with others that I wouldn't pay and I think he is trying it on. Was there any language difficulty or other impediment to understanding?
If you have to defend yourself, make sure you have all the copies of emails etc in good date order and diary of calls and other communications.m - As mentioned this is a legal problem and legal beagles forum is your best bet. As no contract was drawn I don't think he has a leg to stand on. Even if it was verally agreed, where's the proof. Course I'm no expert so get advice from aforementioned forum.
- What a nightmare. I am no legal expert but from a moral point of view I don't see how he has a leg to stand on. It's odd he is so keen to get a solicitor involved at his own cost as they are not known to be cheap. It sounds like the others have recommended a good place to find legal advice so good luck with it all. Really hope you can put him in his place.
- Thank you all very much I will take a look at what you have recommended today.
Last night we had a look at the solicitor he is using... One based in London which I found odd as we are in the North West and their main selling point is they do cheap first letters.. Ј1.95 plus VAT which makes me think he's just typed something like 'cheap solicitor letters' into a search engine and it's just a threat that he will not pursue with court action? - Sorry to answer your question no there was no language difficulty... Both parties were clear on what was happening when we left the house which is why we found it so strange!
When we looked at the plans as we had only had a brief discussion with him and told him we had not fully made our minds up the plans are just what he thought he's just made it up. - Sounds like he's trying it on
Def try CAB or you could play him at his own game & send a Solicitors letter stating the facts as you#ve noted above - this usually costs about Ј25 - I deal with solicitors and contracts every day; this architect really doesn't have a leg to stand on.
Please do not pay his invoice.
Letters like this (usually around Ј25) are a quick earner for solicitors who get their admin staff to send them.
Simply write back - to the solicitor - explaining you requested a quotation from his client and this is what you expected; you never received it and you certainly never instructed the works.
Tell them you consider this to be the end of the matter and if they write to you again, you will be issuing a counter-claim for costs for your own time in having to deal with the matter.
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