Labourer won't collect equipment

Hunchback

Does anyone else have experience with a situation where you get somebody in to do your drive, or other work, and after the job is finished the guy won't collect his stuff?

My mum is having this experience at the moment. She got work done (ran about 2 or 3 weeks over time) and the job finished a week and a half ago.

She has asked the guy to collect his equipment and he either doesn't call or doesn't show up. Its blocking her access to her garage (its inside the garage). She called, the most recent time, and the guy said that he would 'probably' collect it on Monday.

She said 'fine, collect it on Monday or I am leaving it out on the street and it is no longer my problem then. She feels like her garage is being used like a storage facility and is getting stressed out.

Does anyone else have experience with this or any opinions on this? She means it when she says she will leave them out on the street

MarkAnthony

I'd personally write to him giving him more notice. If it's not collected then I'd drop it off at the local garda station if possible.

Hunchback

Interesting. I wonder would the guards take it?

Stanford

Be careful on this one, a lot of free-lance labourers try this trick, they don't want to move their gear until they have a another job and have no place to put it in the meantime, if you keep it you could be accused of theft because it doesn't belong to you and if you put it out on the road you could be done for illegal dumping, try telling him you will report him to the Social Welfare and he won't be long collecting the gear.

Hunchback

It's a tough one alright because my mum does not want to antagonise the gentleman and also does not want to be liable for theft or damage to his property. At the same time she has sort of revoked his licence to be there so it kind of seems like a trespass against her land to have his stuff stored there.

I totally agree Stanford, it seems like it is being used as a storage facility until the gentleman has secured other work in the area.

The Moldy Gowl

What did they leave?

Hunchback

Gowlasauras Rex wrote: »

What did they leave?

To be honest the only thing that I know for certain is there is a whacker. Theres other stuff as well but I couldn't honestly say. Must be a decent amount of stuff there because she says that she cannot get past it

Sam Kade

Stanford wrote: »

Be careful on this one, a lot of free-lance labourers try this trick, they don't want to move their gear until they have a another job and have no place to put it in the meantime, if you keep it you could be accused of theft because it doesn't belong to you and if you put it out on the road you could be done for illegal dumping, try telling him you will report him to the Social Welfare and he won't be long collecting the gear.

How could you be accused of theft surely she got a contract for the job or a receipt to prove they did the work.

Hunchback

Also, keeping the equipment is the very last thing that she wants to do! If the property is under her control at the moment, it's not by consent!

I think that for it to be theft she would have to be intentionally depriving him of the utility of the equipment, whereas the has taken positive steps to persuade the gentleman to retrieve it, including waiting in the house for him and making herself available when be doesn't show.

So, it wouldn't have occurred to me that theft would be something that she would be accused of, but then I don't really know

Stanford

Try the Social Welfare threat, that will get his attention..!!

I think we can drop the word "gentleman" at this stage

Mrs OBumble

MarkAnthony wrote: »

If it's not collected then I'd drop it off at the local garda station if possible.

Bad advice.

The guards are unlikely to have a waste disposal license, so leaving the stuff there would be illegal.

OP - has she paid him? If not, then just tell him what rate she will be charging for storage, and say she'll be deducting it from his bill.

Greenmachine

Send him an invoice demanding €50 p/d storage fee.

Hunchback

Mrs OBumble wrote: »

Bad advice.

The guards are unlikely to have a waste disposal license, so leaving the stuff there would be illegal.

OP - has she paid him? If not, then just tell him what rate she will be charging for storage, and say she'll be deducting it from his bill.

She kept back a portion of payment until she collects his stuff, so there is a bit outstanding. So, he will collect it, eventually!

Jeju

When he wants to collect it agree a time and don't be there, oh I had to get milk in the shop etc. Do this for a few weeks. It won't sort the problem but he might think twice about doing it again

the_pen_turner

I would send him a registered letter (so you can prove he got it) saying that the job is finished and that your retainer money is waiting for him to collect it and any job related by-products or waste will be disposed of within 7 days from receipt of letter. state that any tools or paraphernalia will be deemed abandoned if not collected
failure to collect any waste or by products will result in you disposing of them at a cost out of the retainer.





I know a home owner that did this to a builder who wouldn't clean up the site .
he had one line in the contract that the site was to be left ready for the other trades and for home owner to safely enter.
he waited until there was a mess then pointed it out in a small meeting (I think he did it in writing) . then paid another guy to clean it up every day . builder thought it was the homeowner every evening.
he got a shock where he went for his money at the end .

Hunchback

Jeju wrote: »

When he wants to collect it agree a time and don't be there, oh I had to get milk in the shop etc. Do this for a few weeks. It won't sort the problem but he might think twice about doing it again

I did chuckle at this, but she doesn't want to antagonise the guy, she just wants rid!

tuisginideach

Did she pay him cash?

johnayo

Maybe yourself or another family member needs to have a word with him.

Hunchback

johnayo wrote: »

Maybe yourself or another family member needs to have a word with him.

I live on the far side of the country, but I was there last week when he called looking for payment and I said to him that he couldn't have payment of the balance until he removed all the stuff from the garage. He said he'd be there last Monday and never showed.

Now he has said that he would probably collect it on Monday and I will have words with him if that doesn't happen, but I just wanted to start this thread to get advice before I do, just to see if anyone else has had this experience before and to see if they have any advice, for example in relation to moving his stuff out of the garage.

I not sure what the method of payment was.

Hunchback

the_pen_turner wrote: »

I would send him a registered letter (so you can prove he got it) saying that the job is finished and that your retainer money is waiting for him to collect it and any job related by-products or waste will be disposed of within 7 days from receipt of letter. state that any tools or paraphernalia will be deemed abandoned if not collected
failure to collect any waste or by products will result in you disposing of them at a cost out of the retainer.





I know a home owner that did this to a builder who wouldn't clean up the site .
he had one line in the contract that the site was to be left ready for the other trades and for home owner to safely enter.
he waited until there was a mess then pointed it out in a small meeting (I think he did it in writing) . then paid another guy to clean it up every day . builder thought it was the homeowner every evening.
he got a shock where he went for his money at the end .

This answer has definite appeal, thanks Pen Turner

BettePorter

Text him and say ' that guy you sent over for your stuff only took half of it. When is he taking the rest' ?.... then don't answer your phone when he calls or texts. He should be over quick smart when he thinks some chancer or employee has robbed his stuff.

Hunchback

well,
the stuff was collected this morning which is grand. Although I had mentioned to my mum to make sure that every single item was cleared out of the garage so as there would be absolutely no need for anyone to call back.

Left an open bag of cement and lots of dust, appartently. Could be worse I suppose.

Thanks to all for the advice.

TeaBagMania

Knew a small lawn equipment service shop that took in a ditch digger to be serviced, owner never authorized service and never came back to collect it, after a few months we towed it back to the owners residence and left it in their driveway

conorhal

Shenanigans like this are why I refuse to pay for any work done up front, at best I'll pay half and half on completion. It cuts down the ammount of messing that service profesionals get up to. Full payment up front is licence to do a shoddy job and then spend weeks dodging completion.