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Builder has not completed work and yet is harassing customer for payment using debt collectors
We are in dispute with builder over unfinished works to our house extension. We are trying to avoid going legal by asking builder to agree completion list and final completion date. The builder has sent invoice for final 5% ( c. £7500) even though works are clearly not complete, which we have disputed. We should add, that in actuality we have overpaid the builder on stage payments to 95% of the total contract as the builder has not completed 95% of contracted items.The builder has now sent invoice to Debt Collections Agency who have sent a letter to home and by fax to my London office claiming immediate payment or threatening court action etc. What is the correct course of action to stop this unwarranted harassment over a disputed invoice please?
You need to write to the debt collection agency in these terms:
"Thank you for your letter of [date] concerning sums allegedly owed to [x].
Please note that these sums remain in dispute due to unfinished works by your client. If your client believes he is entitled to any further payment he should agree a completion date for the work and a snagging list whereupon any sums due will be paid upon completion.
In the circumstances your repeated demands for money are both unwarranted and distressing.
Please desist form any further contact failing which we will instruct solicitors to pursue proceedings under the protection form harassment act.
If we receive further contact we will commence legal proceedings without further recourse to you."
You should send the letter recorded delivery.
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