Consumer law advice - upcoming civil court case

[Mec1]

Dear forum, I am looking for some advice please.

 

I am a defendant (and counter claimant) in a civil court case.

 

In a nutshell, I was quoted for some gardening work which either wasn't finished or some of which was done incorrectly. There was also some minor additional work done along the way in addition to that quoted for. I was quoted £4.5k and allowed an extra £1k for the extra work based on what we were told. About 3/4 of the way through the work I was suddenly billed "to date" for £14.5k! I have paid just over the original quote already, but refused to pay anything else - hence the claim made.

 

Can anyone help me in giving examples of quoted sections of legislation which would help my case please, in particular from:

-The Supply & Goods Act 1982

-Unfair Terms in Consumer Contracts Regulations 1999

-OFT Guidance on Unfair Terms in Home Improvements Contracts 2005

-Consumer Protection from Unfair Trading Regulations 2008

-Guidance on the Consumer Protection from Unfair Trading Regulations 2008.

 

Or any case law examples would be great please!

 

Many thanks.

[labrat]

this may sound silly but was it a quote or an estimate as it makes a big differance

[citizenB]

Dear forum, I am looking for some advice please.

 

I am a defendant (and counter claimant) in a civil court case.

 

In a nutshell, I was quoted for some gardening work which either wasn't finished or some of which was done incorrectly. There was also some minor additional work done along the way in addition to that quoted for. I was quoted £4.5k and allowed an extra £1k for the extra work based on what we were told.

 

About 3/4 of the way through the work I was suddenly billed "to date" for £14.5k! I have paid just over the original quote already, but refused to pay anything else - hence the claim made.

 

Can anyone help me in giving examples of quoted sections of legislation which would help my case please, in particular from:

-The Supply & Goods Act 1982

-Unfair Terms in Consumer Contracts Regulations 1999

-OFT Guidance on Unfair Terms in Home Improvements Contracts 2005

-Consumer Protection from Unfair Trading Regulations 2008

-Guidance on the Consumer Protection from Unfair Trading Regulations 2008.

 

Or any case law examples would be great please!

 

Many thanks.

 

 

Can you just confirm the two highlighted sections above please..

 

You were quoted £ 4.5k - was this verbally or in writing?

 

And then 3/4 of the way through the work, you were given an interim bill "to date" of £ 14.5K ??

 

Meanwhile, I will try and find someone who can help you with that list of legislation..

[Mec1]

Thanks for your replies thus far guys.

 

Yes, that's right! The £4.5k quote was for landscape gardening which should have taken around 2 weeks to complete. The additional work was chopping down 4 sapling trees & some borders to make their life easier when digging and leveling the lawn area and for putting up a fence. When questioned, the gardener said the majority of the additional costs were for the digger hire. Whether he hires or owns his equipment however is his own affair though and if he'd under-quoted originally, then again that's his affair. To suddenly produce a bill three times that of the original quote left me astounded!

 

Being in business myself I sepcically asked for a "Quote" (rather than an estimate) which they produced in writing, detailing the work to be carried out and it clearly states "quote".

Edited May 11, 2012 by Mec1
additional info.

[rebel11]

Hi Mec

 

This is the legislation, http://www.legislation.gov.uk/ukpga/1982/29 which is relevant.

 

In a simple terms :- http://whatconsumer.co.uk/supply-of-goods-and-services-act/

[Mec1]

Hi.

 

I specifically asked for a "Quote" (rather than an estimate) which they produced in writing, detailing the work to be carried out and it clearly states "quote".

[Mec1]

Thank you for the links Rebel11 - the Whatconsumer link is very helpful. As you can see from my original post, I have managed to list a few pieces of legislation (including the one you have recommended) and I guess now seek guidance as to best express the best paragraphs from the law in front of a judge on the day! :-/

[rebel11]

Hi Mec

 

I take it that at no time did they inform you of any extra costs, they just sent a ridiculous bill, I think you've got a good defence, it does sound like they are trying it on. You've received the court docs, is that correct?

 

Hi.

 

I specifically asked for a "Quote" (rather than an estimate) which they produced in writing, detailing the work to be carried out and it clearly states "quote".

[rebel11]

This demonstrates, The Supply & Goods Act 1982, Slide 1 - The Consumer Council

 

I'll move this to the Legal Issues forum.

[Mec1]

Yes, as with most improvement jobs/projects, there are always those extra little things that occur along the way, and as they weren't major the gardener would just say "Oh that'll just take an extra day and we've already got the digger onsite" or similar.

 

As for the court case, that's turned into a farce too. I've followed the Court Directions to the letter, sending out Disclosure List, Witness Statements, etc by the required date/time - whilst the Claimant has done nothing. So I then applied to the Court to have the claim struck out only to find out that my Application has been refused and the claimant has since submitted Disclosure Lists etc to the court as part of his Pre-Trial Checklist (but still not to me!).

 

So he's not followed the court directions, lied on his Pre-Trial Checklist by saying he has, and he's got away with it! As you can imagine I'm not a happy bunny.

[rebel11]

Although, the Court have refused your 'strikeout' application, there probably trying to seem to be 'even handed'. Giving the Claimant an 'opportunity' to continue with their case. Nothing more then that.

 

I've flagged it up for one of the legal guys on the site team.

[Mec1]

Thank you Rebel11 for all your feedback and engagement :0)

 

(If you happen to know where I can get sight of what a "Trial Timetable" looks like I'd be eternally grateful! It's supposed to be "agreed one" but yet again the claimant hasn't bothered to respond!)

[rebel11]

http://www.justice.gov.uk/courts/about

 

Thank you Rebel11 for all your feedback and engagement :0)

 

(If you happen to know where I can get sight of what a "Trial Timetable" looks like I'd be eternally grateful! It's supposed to be "agreed one" but yet again the claimant hasn't bothered to respond!)

[Kraken1]

The Supply & Goods Act 1982

Sort of relevant.

 

-Unfair Terms in Consumer Contracts Regulations 1999

Probably not relevant unless the other party is seeking to rely on a term in the contract that you are claiming is unfair.

 

-OFT Guidance on Unfair Terms in Home Improvements Contracts 2005

As above, but I guess that this will be available on the OFT website. Normally these type of things come with the caveat that it is the court's job to decide whether something is unfair or not.

 

-Consumer Protection from Unfair Trading Regulations 2008

-Guidance on the Consumer Protection From Unfair Trading Regulations 2008.

There is no right of action for a consumer under these regs so they are irrelevant.

 

Your claim will be founded on simple contract; you agreed a contract and a price and the other side failed to honour it.

[rebel11]

Hi Mec

 

It might be worth contacting your local Trading Standards, give them the name of the company involved, it is more then likely that they've tried this with other customers previously.

[Lea_HTH]

Your claim will be founded on simple contract; you agreed a contract and a price and the other side failed to honour it.

 

This exact advice was given to the OP on the legal website he posted his question to.

[Mec1]

Thank you Kraken1 and Rebel11 for your comments.

 

Since posting this, the court has advised me that the claimant has submitted his Listing quationnaire, included his disclosure list and witness statements - yet hasn't supplied them to me (as per the directions). My Application to the court about this got refused and his documents have been included - making a whole mockery of the so called Rules, Directions, and System! So I haven't had sight of any of his documents and no doubt the claimant will lie and say he hand delivered them or similar. I'm furious!

 

 

My only remaining problem is that no one seems to know where to find an example of an "agreed timetable" which the claimant and defendant are supposed to produce to the court as per the Directions! Even the court website doesn't cover what the format is/contents are! Lots of people asking online what it looks like, but no answers. Most bizarre.

 

Thanks again.

[Andyorch]

"My only remaining problem is that no one seems to know where to find an example of an "agreed timetable" which the claimant and defendant are supposed to produce to the court as per the Directions! Even the court website doesn't cover what the format is/contents are! Lots of people asking online what it looks like, but no answers. Most bizarre."

 

Its called the Notice of Allocation N154. (Fast Track) N157–160 (small claims).

 

Regards

 

Andy

[Mec1]

"My only remaining problem is that no one seems to know where to find an example of an "agreed timetable" which the claimant and defendant are supposed to produce to the court as per the Directions! Even the court website doesn't cover what the format is/contents are! Lots of people asking online what it looks like, but no answers. Most bizarre."

 

Its called the Notice of Allocation N154. (Fast Track) N153 SCT

 

Regards

 

Andy

 

 

 

Thanks Andy - but the N154 Notice of Allocation was received weeks ago. It is within this document that the Judge sets out a number of pre-trial requirements including an "agreed timetable" - to be submitted to the court (along with the Listing Questionnaire). Searching online, I see many people struggle to know what this is.

[Andyorch]

Not sure what you mean Mec1 once the Listings Q is submitted you refer to the Notice of Allocation per the timetable.

 

Andy

[Mec1]

Not sure what you mean Mec1 once the Listings Q is submitted you refer to the Notice of Allocation per the timetable.

 

Andy

 

 

Me neither Andy. Just trying to follow the Judge's Directions on the N154 notice:

 

"The parties must file with their Listing Questionnaires copies of their experts reports, witness statements......and an agreed trial timetable."

[Andyorch]

The agreed timetable is not a pre requisite set by a Court ( its a mutual agreement between yourselves.)