Help with a debt and court procedures.

[missbling]

A while back I posted on here and got some good advice thank you. It was regarding some fences that a man put up on a property that we rent (whilst my husband was in hospital).

 

We asked the man to come and quote for the fences before my husband went into hospital. He kept badgering us to let him do the work but we were unsure as we wanted to speak to the landlords as well. The next week my husband was taken seriously ill in hospital. The man put the fences up when we were away I was at my husbands bedside. (in the wrong places and then walked off leaving them half finished) whilst my husband was in a coma. He later died.

 

The man tried to say that my husband has instructed him to do the work, but he did not. We did not receive any quotes, or plans for work, or estimates contracts nothing. The man then turned up on my doorstep and began a campaign of harrassment, I involved the police and they traced him calling up at 3am in the morning, He also took a vehicle from the property in part payment, that he later exported abroad. The police say its a civil matter and up to me to recover it from abroad. He says my husband told him to take the vehicle. Its lies after lie.

 

Its gone on and on. Then the man issued court procedures against me I think he thought he would scare me into paying, but I came on here and got good advice and I have fought him he said my husband was a terrible man and made up lies, and I felt I had to fight him to keep his memory.

 

The case is due to go to court in a few weeks. In the local county court. The man can show no contracts, no letters of engagement, no estimates for work, no paperwork, no agreements for prices to pay for the finished work etc. I went to CAB but they can't come with me to court. I don't have the money to pay a solicitor so I am fighting it on my own.

 

I have done all the paperwork and complied with the cours. But if I can get the courage to stand up and speak to the judge on the day and make it clear that there is no contracts, no estimates, no quotations no letters nothing the work is half finished but he is charging 25k for fences, surely there must be some laws which state that without a letter of engagement, quotes, estimates etc there is no case to answer and he must find in my favour.

 

Where the man has got 25k from is ridiculous. I am only a tenant in the property and the landlords will not get involved as they did not instruct or authorise the work. In fact no one did.

 

My husband is no longer here to speak up it is down to me. Firstly the man said my husband was liable for the money, then after he died he came after me and has made my life a living hell. By the man's own admission no paperwork from him was forthcoming.

 

I have to appear at the local county court, but I keep being told by various people that if no contract exists or you did not agree to any estimates or schedules of work then you cannot be liable. The man would need to show that a contract existed is that true ?

 

Could I have other peoples thoughts on this please. If just to help me gain courage. I have never had any debts in my life and this is worrying me on top of everything else.

 

Thank you so much for your kindness in reading my thread. I have donated to the site as without this site I don't know how I would have kept myself going through all this.

 

Thank you again

[raydetinu]

How dreadful for you. Is there no family member or friend that can support you in this, just to be by your side as moral support.

You have to be strong and you will get through it. At court you just have to be clear in response to the questions and try not get emotional.

So you never receved any quote or estimate from this chap.

Can I asked were you aware at any time this work was being done in your absence. £25k for fencing is al ot if fencing and must have taken a long time to put up. over what period of time? Did you ask or receive quotes from anybody else for this work.

I am sure the judge/court will see through this man as just trying it on unless there was an opprtunity for you to have stopped him starting or even during the work.

Good luck anyway. How can the police say taking somebodies vehicle is a civil matter, it is theft.

[supasnooper]

I don't know if you've ever been to court but it may be worth having a read of the link below from post #13 -

 

http://www.consumeractiongroup.co.uk/forum/legal-issues/108467-basic-introduction-consumer-credit.html

[missbling]

Thank you for your kind replies. I am not afraid of going to Court, after reading the Threads, at first I was terrified now I feel I can do this.

 

I just feel that when it comes to my turn to speak, I would like to speak with some confidence, The man did not give any estimates, quotations, or pro forma invoices or any terms of business. He has never been able to produce any paperwork.

 

The fences I believe took 2 days to errect. By his own admissions he said that he has left them unfinished as he ran out of money and cant do them until I pay him. I never signed any credit agreements with him, or asked him or scheduled him to begin any works.

 

I want to stand up in the Court and go through my points ie no paperwork no contracts etc so I cannot be made to pay up under any contracts.

 

the man began work and by his own admission he says the reason he didn't bother to come back and finish because he ran out of money and I need to pay him, I did not enter into any credit agreements with him nor did I see or read any terms of business.

 

Further the fences have fallen down in places, and if the courts choose to believe that he is right then surely under the sale of goods and services act I am entitled to have goods finished and fit for the purpose in which they were intended and so should have recourse under that act.

 

The most the fences should have come to is 2,000 at the most. I did not have any chance to stop him carrying out the works as I was not there nor was my husband he was intensive care and i was with him. He got the next doors gardener to open the gates for him to come in telling him he was intstructed to do the work.

 

Could anyone point me in the direction of where I can find law on contracts and never being given one in the first instance.

 

By the way I wanted to instruct an expert witness to give evidence on the day with regards to the fences, but the Judge ruled that it was not necessary. I am (nor is the other man) allowed to call any expert witnesses which seems a shame as I am sure a technical person could give better details.

 

thank you so much I appreciate your helpful advice so much.

[raydetinu]

Well if the worst came of it you would not be expected to pay until the job is complete and then only the fair amount for the work done. I really dont think you have much to worry about.

Please keep us posted on the outcome or developments. good luck.

You have explained it very well and I am sure if you speak as you have written here all be well.

[citizenB]

As this is a claim in progress, I am moving this to the legal issues forums for you.

[missbling]

thank you. I keep being told without a contract, or quotation or something the man has little chance of success, I am also told that the judge will want to know where he got the figure of 25k from ? I am also told that by his own admission he left the job unfinished and only half done as he ran out of money, I am told that under the sale of goods act and services if it is accepted that he was right to do the work, I would have recourse to reject his work as he took down our old fence and then only half replaced it with a shoddy new one and I would not be liable to pay anyway? Any thoughts on this ? I just want to get some other thoughts on it, if only to give me courage to argue my case.

 

Thank you so much I appreciate your help so much

[citizenB]

raydetinu, I swatted your avatar a couple of times before I realised it wasnt a real ant