Subject: Formal Complaint Regarding Unfinished and Unprofessional Work To: Gavin at GSTYLEDESIGN Address: NR19, Dereham Website: www.gstyledesign.com Phone: 07572374779 03/07/2024 Gavin, I am writing to formally challenge your final invoice, and to lodge a complaint regarding your installation of a garden gate at my property. Please read the following passages fully and familiarize yourself with its contents and our position, as this will form part of our legal defense if required: Below, I outline the key issues and the basis of our complaint: Timeline of Events: ● 16 May: First visit to discuss the gate. I appreciate your assessment regarding the wall. As you correctly noted, we agreed upon a repair to ensure the gate could function properly, not a complete rebuild of the wall. This is not in dispute. ● 19 June: First day of work, later than agreed. On this day I appreciate you offering your services to cement the crack between the wall and the gate but I declined. ● 21 June: Canceled visit. ● 25 June: Second day of work, Again later than agreed. ● 26 June: Canceled visit. ● 27 June: Final day of work, job still incomplete. Incomplete Work and Misleading Time Estimates: The project was initially estimated as "two days' work," including a 24-hour period for the cement to dry, but it has now extended over three days without completion. Despite this, you have refused to finish the job. We also have concerns over the quality of the work performed, particularly regarding the alignment of the gate. Unprofessional Behaviour: From our first meeting, your demeanor was concerning, and your responses to routine inquiries about insurance and contract terms were confrontational. You were consistently late, arriving hours past agreed times and canceling on two occasions without sufficient notice. Notably, both cancellations were after England football matches. During your interaction with Kate, you admitted to having personal problems and accused us of not caring about these issues. While we understand that personal difficulties can impact one's professional life, it is important to separate these from the contractual obligations you have towards us as your clients. It is not our responsibility to accommodate or manage the impact of your personal issues on your professional commitments. Final Day and Hostility: On 27 June, your conduct escalated into outright hostility. You were late again, and when asked about your arrival time, your response was rude and uncooperative. When another tradesman, Jamie, arrived to perform unrelated work, your reaction was unprofessional and without justification or provocation. You accused his greeting of being intentionally disingenuous and demanded that he not be allowed near your tools over concerns of theft. you later confronted him aggressively, culminating in a loud argument in my home, which disrupted my partner's important business call. As homeowners, it is our prerogative to choose who performs work on our property. No explanation is required, although I did my best to placate you at the time. The work he carried out was unrelated to what I approached you for, although this is an irrelevant point. Refusal to Complete Work: After the altercation, you initially agreed with Kate to complete the gate but later reneged on this promise, even refusing to provide details on the remaining tasks. Before leaving, you made derogatory comments about me to my partner and demanded I confront you, which was highly inappropriate. You have since admitted that, from the start of that final day, you had no intention to complete this work, so blatantly lied to both Kate and myself on several occasions. Text Messages Thereafter: You’ve accused me of not confirming a job offer and of hiring another tradesman for the same job without informing you, which is irrelevant. You have criticized my business acumen and understanding of the building industry, which is also irrelevant. You have repeatedly resorted to personal attacks, calling me a liar and a fool, concluded I am deceitful, and believe my behavior has been deliberately disruptive. Despite agreeing to discuss this matter further with Kate, you now insist on communicating with me directly, and have threatened legal action. Follow-Up Communications: ● Email on 28 June: You sent an invoice to Kate and attempted to justify your behavior (while also blaming me) on 27 June. She requested a full breakdown of the hours worked and items purchased, along with the payments already made, but received no satisfactory response. ● Email on 29 June: Kate reiterated her request for a detailed breakdown and expressed discomfort with your justification for the final amount. ● Email on 3 July: She sent another email outlining our dissatisfaction with the incomplete work and the discrepancy in the door gap, which requires further correction. Despite this, you have failed to respond appropriately. Insulting, Patronizing, or Intimidating Dialogue: ● "You really are 'a one' aren't you? - Obviously willing to lie about things I said when I was there as well." ● "Have you no idea about business or running a business whatsoever?. Evidently Not.." ● "Have you no idea about anything and how it works in the building industry?. I think the answer that is obvious anyhow." ● "Sorry ? - Incoherent? - You obviously need to go back to school then? - As well as business school even more so." ● "Firstly you do not even comply with the most basic polite requests to leave somebody alone? (Harassers..)." ● "You really are a real couple of comedians aren't you?" ● "Furthermore.. as I've already mentioned I have not read your other emails fully - which are also totally insignificant as I mentioned. And but also, I will not entertain such drivel.. And also lies, ok.?" ● "This additionally is indeed most peculiar? - As if you had a genuine issue and you 'genuinely' wished to try and solve such?" ● "Now DO NOT.. waste my Time (& that includes contacting me). Any.. More.. ok.? Thankyou." ● "DO NOT contact me anymore as already requested multiple times, and said? OK ? That is my last comment on this matter. – DO NOT.. contact me again. I trust I make myself clear now?" Threats of Legal Action and Debt Collection: ● "Because NO one... talks about my experience and reputable work & skills acquired.. in the way you have done.. You wait for further communication." ● "All will now be in writing or via my solicitor.. As needs must, or dictate?" ● "So for now on please do not bother me or contact anymore. As you do nothing... but deliberately & knowingly escalating the situation.. and obviously this is nothing but a deliberate attempt By yourselves .. to not pay the bill.? And with no good or credible nor legitimate reason- Nothing less and nothing more?. As you've displayed & done to other tradesman previously, as is very well documented.. !?" ● "You HAVE BEEN WARNED. - Legally also? (But seems you don't even listen to those warnings either do you? - ok then." ● "You WILL.. Be pursued indeed.. for this bill?, if it becomes an unpaid invoice. - As I say, take this as a final warning.. ok.?" Refusal to Communicate with Kate: ● "No sorry it was addressed to you as you know.. end of?." ● "No, it is not. And it's not with her as you are my initial point of contact for the initial conversation.? as well as the survey And quotation/ estimate visit as well.? As additionally you made all the decisions (Or at least informed me of all such decisions).. Regarding hiring and more as well? (Even if was only one small job ).. as also any questions that arised while on the actual job itself also? - You were my point of contact still... As well as also I discussed all initial decisions, questions or queries with you also.?" ● Ultimately, If you agreed that Kate would be the point of contact, this should be have been honored. There was no legal or credible reason to refuse this, particularly if documented, which it was. However, given the nature of your last email, I will now be dealing with you directly. Addressing your Harassment Claim: In response to your recent accusations of harassment and the numerous messages you have sent, these are unfounded claims. On 03/07/2024, between the hours of 4:30 PM and 8:30 PM, you sent me 16 texts, each substantially longer than the 8 replies I sent in return. It is important to note that you initiated this exchange unexpectedly. The following are my eight responses: 1. I explained that the work carried out by Jamie was irrelevant to our discussion. 2. I confirmed that you should be addressing all matters to Kate. 3. I asked you to specify what you claimed I had lied about, which you did not clarify. 4. I explained why I hadn't confirmed additional contracts with you and informed you that I was done discussing this matter with you directly. 5. As above. 6. I stated that I was not reading the extensive messages you sent and reiterated that you need to communicate with Kate. 7. I questioned why you were refusing to communicate with Kate, given that she is handling the payments. 8. I requested a legitimate reason for your refusal to speak with Kate. After my eighth message, you did not reply, and I sent no further texts. It is crucial to understand that: ● You were meant to be dealing with Kate, but you ignored her emails and chose to engage with me instead. ● My responses were (for the most part) measured, concise, and directly related to the business matter at hand. ● Your repeated and lengthy messages within a short period, initiated without prior notice, do not constitute harassment on my part or Kate's. In light of the above, it is clear that neither Kate nor I have harassed you. Our Own Harassment Concerns: The tone, attitude, and sheer volume of texts and emails, coupled with verbal insults, have created an environment that is deeply uncomfortable. In the UK, harassment is defined as ‘repeated behavior that causes the victim to feel scared, distressed, or threatened. This includes actions that violate a person's dignity or create an intimidating, hostile, degrading, humiliating, or offensive atmosphere’. The continuous nature and content of your communications is unacceptable under UK laws protecting individuals from harassment. Contractual Agreement: The key determinant is in the terms of a contract and any subsequent agreements or communications. While you initially claimed via text there was no formal contract, it is evident that an implied contract exists based on our mutual understanding and actions: ● We agreed on the installation of a new garden gate. ● Payments were made for materials and labour. ● You began and partially completed the work. Presently, you are in breach of this contract as the project remains unfinished despite your commitment to complete it. While I appreciate the fine print of your quote, as an experienced tradesperson you will appreciate that a quote can only be legally inflated under certain conditions. Here are the key scenarios where a quote might be increased: ● Unforeseen Circumstances: Aside from the extra costs we have already paid, there were no unforeseen circumstances that justified additional charges. ● Customer Approval: No additional work was agreed upon without our explicit approval. Any extra charges were not communicated or approved in writing.. ● Material Cost Increases: There was no significant increase in material costs communicated to us. Moreover, the materials were purchased over 20 days prior to our agreement, indicating that any cost fluctuations should have been accounted for in the initial quote. ● Expiration of a Quote: The quote was accepted within a reasonable time frame. There was no indication from your end that the quote had an expiration period. ● Obvious Mistakes in the Quote: The initial quote was clear and agreed upon. There were no evident typographical or calculation errors communicated to us. The quote’s validity was confirmed through our acceptance and your commencement of the work. ● Incomplete or Inaccurate Information: Your only claim of incomplete or inaccurate information was addressed with your repair work to the bricks. In all cases, any additional costs or changes should have been communicated clearly and agreed upon in writing. None of these conditions were met, which reinforces our position that the quote provided was expected to be final and comprehensive. Conclusion and Request for Resolution: Your behavior and the incomplete state of the project have caused significant distress and inconvenience. Under the Consumer Rights Act 2015, services should be provided with reasonable care and skill. Your actions have clearly failed to meet this standard. We remain committed to resolving this matter promptly. However, I request the following resolutions: ● I propose that an independent assessor evaluates the quality of your work to ensure it meets reasonable standards for temporary repairs. If the assessment is satisfactory, we will proceed with settling the outstanding invoice, but not to the figure you are requesting, which I will shortly come to. ● If the work is deemed unsatisfactory, we will make a claim against your insurance, which you confirmed via text was in place. Please consider this a formal request to see that documentation. ● Regarding your final invoice, we are unable to agree to the requested amount. Your original estimate was £295 "all in" (I have not included the additional costs associated with the bricks and the second post as these have been paid separately and so do not factor). Subtracting the £110 deposit (which covers materials) leaves £185. If we divide this by the estimated four days to complete the task (£185 / 4), the daily rate amounts to £46.25. Since you walked out on the job after three days, the amount due would be calculated at £138.75. However, until we establish the costs of potential corrections we cannot commit to a final figure, as it would need to reflect the need for any corrective steps. ● Finally, an apology for Kate and I, with compensation for the inconvenience and distress you have caused my household, and for the time and effort we have now invested into resolving this situation. Under no circumstances, however you feel, is it acceptable or professional to shout, argue with, or insult someone in their own home, or to resort to intimidation to pressure us into silence (as evidenced above). Be advised, all of your behavior and everything you said on that last day was witnessed, by either myself, Kate, or Jamie, or a combination thereof. Our Legal Position: ● Consumer Rights: As an experienced tradesperson, you are likely aware that under UK consumer law, I have the right to dispute charges if I believe they are unfair or were not agreed upon. This protection is outlined in the Consumer Rights Act 2015. It is concerning that you have not acknowledged this point. Instead, you continue to pressure us into payment. ● Final Payment During Dispute: Similarly, as an experienced tradesperson, you understand that I am not obligated to make the final payment if there is a legitimate dispute over the quality of work or the amount charged. Until the dispute is resolved, I am within my legal rights to withhold payment. Dispute resolution may involve negotiation, mediation, or legal action if necessary. It is concerning that you have not acknowledged this point. ● Documented Agreement: Furthermore, as an experienced tradesperson, you will know that if there was an agreement on a fixed price and additional costs were not agreed upon in writing, I have grounds to dispute those charges. It is concerning that you have not acknowledged this point. ● Quality of Work: Moreover, I firmly believe I have evidence that the work was not completed to a satisfactory standard. Photographs clearly demonstrate the gate does not fit between the posts. Additionally, the cement on both sides appears to be flaking and there are visible gaps. Please respond within 14 days to confirm how you will address these issues. Regards, Paul Carlisle & Kate Price.