NFR: Legal advise.. Dodgy Tradesmen?

[Aaron]

Long story short. A year ago I asked my cousin's fiance (a joiner) for a quote to produce a reptile cabinet for me. After months of chasing last November he approached me and said

Him: "I was going to take a look at that project again for you, still interested?"

Me: "Yes, put together a quote for me."

So a couple of days later I get a picture of the finished article. I go around to his house to look at it with my brother in law. The joiner bloke says:

"I told your cousin you would crap it if I went ahead and built this, but she said I should."

No discussion of price had taken place at this stage and he drops a figure of £350. I told him that I couldn't pay that but would try and get him squared away for the cost of his materials..

TO BE CLEAR: All I asked for was a QUOTE. He built this off his own bat.

Times have been tougher than expected and having spoken to various people I was advised not to give him anything as realistically this was a Shylock hamstringing initiative on his part.  I only even considered paying for the sake of family unity.

So after months of silence, tonight he pings me again asking for payment.

I told him I cannot afford to take it and we made an agreement that I would pay the cost of his materials. Five minutes later I get a "legalese" text message back saying I have "agreed" to pay a balance of £350 over the course of two months and failure to do so will result in legal action being taken.

Obviously at this point I told him he could stick his materials up his arse.

So my question(s).

There is NO paperwork in existence which details the price this item would cost (i.e. a quote)

There is NO paperwork containing my signature or in my possession that says I had agreed to pay for this item or sanctioned the work being carried out.

I have NOT taken delivery on any of the item, materials or otherwise.

At best, he might have a recorded conversation where I said something like "Mate, I can't afford this, but I will try and get you squared up." and he did hand me an invoice for the plywood (but that was made out to him and had nothing to do with me).

I checked text messages trails and that, there's no agreements, discussion of price or anything else.

I offered the olive branch and agreed to pay his material costs, he reneged and threatened legal action for an amount of money he effectively pulled out of his arse.

So.. Do I have anything to worry about legally here? I really don't fancy getting hauled into court and get a CCJ dropped on me because of this bloody clown. I can't see how he has a leg to stand on, but in these scenarios who gets the benefit of doubt? Could I get into trouble?

[Admin]

Looks like he's trying to scare you into paying, must be hard times for himself if he's chasing you for £350 that he's never physically billed you for, or has proof that you had agreed to this. It's his own fault that he never took the money upfront and got you to sign an invoice. I'm not a legal person but this would cost him thousands to take you to Court and even if he did get you there they'd throw it out. Like you say, he hasn't got a leg to stand on. 

[Lighthouse]

Wouldn't cost much to take you to a small claims court. But there is no invoice for a final bill. No written quote. In the past I had plenty of my invoices not paid by idiots and it just wasn't worth taken them to a small claims court.

So  the cost and the fact there is no written invoice and it is he said I said evidence. I doubt this should keep you awake.

[epsomraver]

I would say that you have nothing at all to worry about, in fact any come back is with your cousin who it appears gave him the go ahead to build it, perhaps when Tony Gilroy comes on line he can clear this up for you or you could PM him, At worts he can not reply.

[DukeTyrion]

A contract is an offer and acceptance, and later comes payment.

If there has been no offer (quote), then there can have been no acceptance, so there is no legal contract.

I think you have been more than fair in offering to pay for his materials, and I would suspect that if it ever went to a small claims court, the judge would see that too.

If you have never been to a small claims court, all that happens is you sit either side of a table with a judge at the end, he hears both sides then makes a decision. Worst case scenario, even if you do lose the case you will not get a CCJ against you unless you fail to pay within the required time after judgement.

Most cases never get to court, let alone ones as week as this, it's normally a case of whoever has the strongest head wins. So, stand you ground, as you are in the right both legally and morally.

Naturally I am not a lawyer, although I have been to small claims court to sue people on behalf of my company, so you have to decide which advice to take off your own back, but if you really have any doubts left, pop along to the citizens advice bureau.

[epsomraver]

There is no contract at all, a quote is a request for an agreed price for a job against an estimate which is a round a bout price that is not legally binding, as the request was for quote only no contract has been entered into so no case to answer.

[Pickle]

Be careful I was involved in something almost identical a few years ago and lost in court on a 'point of law' because of offering to try to pay something as you have; I did not cover my backside in writing in the correct way....

Get advice and good luck!

[Forever Fulham]

I'm an attorney.  There are striking similarities between North American and English contract law, but generally you need to prove three elements to show an enforceable agreement whatever side of the pond you're on: Offer, Consideration, and Acceptance.  And there has to be enough definitiveness to each element to show a manifestation of assent to be bound.  From your description, it was all so much vagueness.  A request for a quote for your further contemplation, and nothing more.  However, your cousin, you claim, told her fiance to just go ahead and build it.  The only way I see you having any liability to your cousin's fiance is if he can successfully argue your cousin was acting as your agent.  But even then, there has to be a meeting of the minds as to terms.  Did your cousin agree to a price?  If not, no agreement (whether as your agent or otherwise).   Now, you know you didn't give your cousin authority to represent you as your agent to her fiance.  Did she have what we call in the States "ostensible authority" or sometimes "apparent authority" to act on your behalf, to bind you?  I think not.  It sounds like she acted wholly on her own.   So, if anyone has liability to your cousin's fiance, it's your cousin.  You should call up your cousin and tell her what her fiance has done, and ask her why she told him to just go ahead and build it, knowing that you never authorized her to act on your behalf.  You should tell her that her fiance's demand for payment are directed to the wrong person.  She made this deal without your blessing.  You neither expressed nor implied any authority to your cousin to negotiate and come to terms on your behalf.  She did all this on her own initiative without consulting you.  She has put you in a tough spot. You have family relations to consider.  Your cousin got you into this mess.  She needs to talk him out of it.  The fact you are willing to pay for his materials speaks to your good character and generosity.  Family...  If you win you lose in the relationship arena.  Bad either way.  Good luck.