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ms wendy smart
I need some urgent help. i am in dispute with an (English) builder in Spain. He quoted me including materials. He walked off the job as my bank was late paying him the agreed payment - he left tools on site (sic). I managed to pay him most of his money but was warned by a friend that he had taken money for other jobs and not finished them also that he owed a large sum of money for materials (for my build and possibly others) to the local builders merchants and as I had a construction/development mortgage that I could be personally liable for the costs of the materials. He is owed 5200 technically but it has been stated that as he is not trustworthy I should pay the builders merchants for the materials as technically they have title to the materials, and if any balance is due to him (he has never provided details on how much 'my' materials cost) that would be paid to him. If it is more than owed to him he owes me. despite requests he has never come up with the account of how much he is owed. He is now threatening to go and reclaim the materials (ie tear down the part build). He and his team are also sending me threatening texts. I am behaving professionally and have asked again for the cost of the materials so I can pay the builders merchants and adjust any balance. How can I stop him ? I need fast action please help.
Wendy
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Pay him what you owe him
It sounds as though you are finding excuses not to pay this builder. Do you know he is dishonest or is it a good excuse not to pay him? If he has done work for you that should be paid, irrespective of what you think of him, from the sounds of which is mainly based on hearsay.
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Dear Madam,
You should pay him directly as it was agreed and not rely on hearsay or gossip. If later on he fails his duty then you have a legal claim against him.
The ony one in breach right now is yourself as you are not paying him.
You should have asked them for a fulll presupuesto with breakdown in writing of expenses and job to be done prior to them undertaking the job. This is a consumer's right you have which he cannot refuse.