Roofer did shoddy work and has now filed court claim against me

[Mike_hawk]

I meant the court clarified that I must write my defence based on the information on the claim form as I have not received poc. Confirming what TheMould had said. Sorry for the confusion.

 

 

I think you've been caught by acknowledging too soon, you effectively acquiesce to the requirement to plead a defence on the claim rather then the particulars.

[Kinger122]

I think you've been caught by acknowledging too soon, you effectively acquiesce to the requirement to plead a defence on the claim rather then the particulars.

 

But I needed the extra time to get organised. Is the initial defence to the information given by The Mould not sufficient at this stage? And once the claim is allocated to the relevant track, I will have the opportunity to elaborate on the claim and provide expert witness statements if necessary. Is that not correct? Surely acknowledgement of the claim is required?

[Mike_hawk]

But I needed the extra time to get organised. Is the initial defence to the information given by The Mould not sufficient at this stage?

 

 

Perhaps plead an additional alternate remedy, the court strikes out the case for non compliance to CPR 7.4

 

 

And once the claim is allocated to the relevant track, I will have the opportunity to elaborate on the claim and provide expert witness statements if necessary.

 

 

Yes, the court will direct on the appointment of SJE's and costs

 

 

Is that not correct? Surely acknowledgement of the claim is required?

 

 

Acknowledgment not required until post 14 days service of particulars of claim.

 

 

 

 

Hope the above helps

[Kinger122]

Hope the above helps

 

Thank you, but why does the goverment website say this:

 

https://www.gov.uk/respond-to-court-claim-for-money

 

"You must respond within 14 days of receiving the form."

 

"

If you need more time, you can ask for another 14 days to respond.

To do this, fill in the acknowledgment of service form in the response pack, and return it to the court.

This will show that you’re looking at the claim, not ignoring it, and will give you a total of 28 days to reply."

 

 

Kind Regards

[Mike_hawk]

Thank you, but why does the goverment website say this:

 

https://www.gov.uk/respond-to-court-claim-for-money

 

"You must respond within 14 days of receiving the form."

 

"

If you need more time, you can ask for another 14 days to respond.

To do this, fill in the acknowledgment of service form in the response pack, and return it to the court.

This will show that you’re looking at the claim, not ignoring it, and will give you a total of 28 days to reply."

 

 

Kind Regards

 

 

MCOL has its own practice direction......... see page 4 & 14 of the attached guidance notes regarding specific modifications to the general rules.

 

 

http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf

[Kinger122]

MCOL has its own practice direction......... see page 4 & 14 of the attached guidance notes regarding specific modifications to the general rules.

 

 

http://www.justice.gov.uk/downloads/courts/mcol-quickstart-guide.pdf

 

Thank you, but I still cannot find where it states that acknowledgement of service acquiesces the right to receive or respond to the poc. In that document it states:

 

"acknowledgment of Service (AOS)

– indicates that the defendant intends to file a

defence, part admission or contests jurisdiction (the level of court). The AOS also

extends the time to do so from 14 to 28 calendar days from the date of service."

 

 

Kind Regards

[The Mould]

But I needed the extra time to get organised. Is the initial defence to the information given by The Mould not sufficient at this stage? And once the claim is allocated to the relevant track, I will have the opportunity to elaborate on the claim and provide expert witness statements if necessary. Is that not correct? Surely acknowledgement of the claim is required?

 

 

“But I needed the extra time to get organised. Is the initial defence to the information given by The Mould not sufficient at this stage? And once the claim is allocated to the relevant track, I will have the opportunity to elaborate on the claim and provide expert witness statements if necessary. Is that not correct? Surely acknowledgement of the claim is required”?

No, you can use as much of the material I posted to form your holding Defence & Counterclaim, amend it to suit the facts of your case.

You can also state in your Defence & Counterclaim that the Claimant has failed to serve his Particulars of claim on you as indicated by the Claimant on the N1 claim form and that the one paragraph set out therein fails to comply with CPR Pt 16 r.16.4 - Contents of particulars of claim, you believe this action of the Claimant is designed to frustrate these proceedings and that such promises are vexatious and further designed to place you at an unfair disadvantage as an untrained litigant acting in person in this matter, therefore, you can only respond to the matters set out on the N1 Claim form in respect of Defending and putting the facts of this matter to the Court on the same, which you set out below from your own personal knowledge of this matter as your Defence & Counterclaim against the same.

It is your belief and you respectfully request that this Court ought to exercise its powers under the overriding objectives and Order the Claimant to file and serve his particulars of claim within 7 days of this Court’s Order, failing which, his claim shall be struck out without further Order.

(the above is an option for you and yet another suggestion from me, please do not feel obligated to follow any of my advice/opinion/help or support on this matter)

You write it, how you want to word it and you set out the facts as you see fit and accurate, because only you know the same and only you have had the most unpleasant time in dealing with this bast**d roofer/builder.

If you wish to amend your Defence & Counterclaim later on in this matter, you may do so, but you must obtain permission from the Court to do this – see in particular CPR Pt 17 Amendments & CPR Pt 23 Applications in this respect.

You might also wish to make an Application – CPR Pt 23 (form N244) requesting that the Court Orders the Claimant to serve his particularised particulars of claim on you within 7 days of service of the Order and in default of the same his claim shall be struck out without further Order.

Please be prepared to accept the fact that in most cases the Court will not do anything in accordance with the overriding objectives or any other CPR rule, unless you make an application asking it to do so.

Kind regards

The Mould

[Mike_hawk]

Not sure there is anything specific for your circumstances, a point of reference which appears useful is CPR 6.17 which dispenses with the need to file certificate of service if all defendants have acknowledged service of the claim. In this instance the case skips a procedural step and proceeds on the papers filed.

[Kinger122]

Thank you very much TheMould. I think you misunderstood. I did not mean that your draft was inadequate and I appreciate all the time and effort you have given me. I believe you wrote it with the assumption that the particulars of the claim would eventually arrive. I do believe that the particulars were not served as a was of trying to frustrate and confuse someone like myself who has limited knowledge and experience of the court system. Unfortunately a solicitor will be far too costly for me as I have already made enquiries; dealing with this myself is my only option and I am extremely grateful for all the help you and the other posters have provided.

 

I am going to amend the defence and post it on here for your scrutiny if that is okay.

 

Kind regards

[Kinger122]

Introduction

 

 

1. I, Mr xxxx age x of xxxxxam the Defendant in these proceedings and I make this statement as my full defence against the claim brought against me by xxxx dated xx November 2013.

 

2. For the purpose of this Defence, all reference made herein are made to the sentences and paragraphs of the Claimants statement of case dated xxh November 2013

 

3. The matters set out hereafter are made within my own personal knowledge on this matter, if the contrary appears, I state the source of such, which I believe to be true to the best of my knowledge on this matter.

 

4. As to the first sentence of the Claimant’s statement of case, it is admitted that the Claimant was contracted out for roofing works at my property.

 

5. As to the second sentence of the same, it is denied that the Defendant is in breach of the same and the Claimant is put to establishing the burden of proof thereof. As of the date hereof, the Claimant has not produced any credible evidence to substantiate the same.

 

6. As regards the third sentence therein, the amount claimed as due and owing is denied. The Claimant is in fundamental breach of the contract and the works he was contracted to undertake thereunder are seriously defective and inadequate, he has not performed his obligations under the agreement, this has left the roofing works requiring proper professional workmanship that complies with building regulations in order to make the same waterproof. Furthermore the roof and Velux windows are in clear contravention of the manufacturer stipulations and building regulations, which, at the present time, due to the Claimant’s wholly deficient works carried out thereon, the roof is not watertight. The roof has been inspected by a number of qualified tradesmen which have identified that the cause of the leaks can be directly attributed to the incorrect pitch of the roof and the installation of the windows. The contract terms agreed with *** roofing explicitly state that the pitch of the roof must be at 15 degrees for the Velux windows and completed within 4 days; both of which were breached by the Claimant. A representative from Velux has stated that any pitch less than 15 degrees will allow water ingress and is unacceptable.

 

7. Please note, to date I have no received any particulars of the claim from the claimant and I am therefore providing a defence to the limited information provided on the N1 claim form from my own personal knowledge. I believe that this fails to comply with CPR Pt 16 r. 16.4 and that it is the intention of the claimant to frustrate these proceedings and that such promises are vexatious and further designed to place me at an unfair disadvantage as an untrained litigant acting in person in this matter. I respectfully request that this Court ought to exercise its powers under the overriding objectives and Order the Claimant to file and serve his particulars of claim within 7 days of this Court’s Order, failing which, his claim shall be struck out without further Order.

 

 

 

STATEMENTOF TRUTH

 

 

 

I believe that the facts set out in this Defence are true.

 

 

 

Signed: xxxxx. 22nd December 2013.

 

 

 

DEFENCE & COUNTERCLAIM

 

1. The matters set out in the Defence above are repeated.

 

2. Accordingly, the Defendant/part 20 Claimant seeks the sum £xxx from the Claimant/part 20 Defendant and respectfully requests that this Court strikes out his claim in its entirety.

 

STATEMENT OF TRUTH (as above)

 

 

I would really have struggled without all your help. Thank you very much.

[The Mould]

One other matter that you need to state in your Defence & Counterclaim, if it’s not too late, is that:

“it should be noted that the local authority have refused to issue a Building Regulations Certificate for the said roofing works carried out by the Claimant, because the same do not comply with Building Regulations”.

Don’t worry if you have filed your Defence & Counterclaim, as you argue the above fact in your witness statement/skeleton argument later on in these proceedings (or make amendments in accordance with CPR rules – 17 & 23).

Kind regards

The Mould

[Mike_hawk]

Kinger

 

 

This link may assist with your understanding of the protocols regarding service of particulars etc......... bit late I know but if it helps you get your head round the kerfuffle of who, what, where and when it can only be a good thing

 

 

http://www.barristershub.co.uk/archives/practice-areas/civil/2012/highly-irregular-judgments

[Kinger122]

Thank you all very kindly for all your help. I didn't submit the defence as I was waiting for your replies. I am doing it online so I still have some time. Thank you for the addition The Mould. And thank you for the link Mike. I will make the necessary changes.

 

I am extremely grateful for all the help and I will definitely keep you all updated along the way. Have a great Christmas and thank you again for all the help.

 

Best Wishes

 

Kinger

[Mike_hawk]

You have a great Crimbo too Kinger

 

 

You're kind of stuck with the process now, the machine carries on regardless, so best to stick with the prescribed filing date post aos and try to bring the poc issue to the courts notice at each and every opportunity as it may work in your favour if this ever gets in front of a dj.

[Mike_hawk]

Holiday opening hours at MCOL for reference......

 

 

 

 

Please note our office will be closing at 4pm on 24th December and will re open on Monday 30th

 

 

 

We will also be closing at 4pm on 31st December and will re open on 2nd January

 

 

 

 

 

Thank you for emailing the Money Claim Online (MCOL) Email Account.

 

 

 

When you send an email to the Court and your email requires a reply, we will;

 

 

 

Dispatch a reply to your email usually within 5 but not later than 10 working days of receipt.

 

 

 

(please do not re-send duplicate messages)

 

 

 

 

 

A comprehensive user guide for Money Claim Online (MCOL) is available on request from the following link

 

 

 

mcol@hmcts.gsi.gov.uk

 

 

 

Please copy the following text into the subject heading and a copy of the guide will be emailed by return.

 

 

 

Money Claim Online (MCOL) User Guide Request

 

 

 

 

 

If you have visited the GOV.uk website in relation to Money Claim OnLine and would like to leave feedback regarding the usefulness of the content and guidance on the GOV.uk website, please follow the link:

 

 

 

https://www.gov.uk/feedback/contact

 

 

 

 

 

MCOL is a separate entity to other Government departments and therefore we can only deal with MCOL queries. We do not deal with Family, probate or Bankruptcy matters.

 

 

 

Please note that the office will be closed on the following Public & Privilege Bank holidays:

 

 

 

Wednesday 25th December 2013 Christmas Day

 

 

 

Thursday 26th December Boxing Day

 

 

 

Friday 27th December

 

 

 

Wednesday 1st January 2014 New Years Day

 

 

 

Guidance is accessible online 24 hours a day on the Direct Gov Website http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/Makingacourtclaimformoney/DG_195688

 

 

 

Court staff are not legally trained. If your query is in relation to whether you have a valid claim, we will be unable to comment on this matter. You may wish to seek professional legal advice from a Solicitor, Legal Executive or Citizens Advice Bureau.

 

 

 

This message is automatically generated; please do not reply to this message.

 

 

 

Thank you.

[The Mould]

Good stuff from Mike, Merry Christmas and a very happy New Year to you and your family. Godzilla

 

 

Kinger,

 

 

You are most welcome. Please do keep us all updated and also please post up any new developments on your case without delay (at your earliest convenience) to ensure that we can continue to help you respond (if necessary) on the same.

 

 

Merry Christmas and I wish you and your family a very happy New Year, which will see the end of this matter for you.

 

 

Kind regards

 

 

From The Mould

[Kinger122]

Thank you all. I hope you had an enjoyable and peaceful Christmas. I cannot wait till this is over. After spending a long time last night submitting the defence and counterclaim, I have just received the particulars this morning. I cannot believe this. The details are the following;

 

· On or around 19th October 2013 the defendant telephoned the offices of the claimant to arrange an appointment for the claimant to attend the property

 

· On or around 20th October 2013 the claimant attended the property to survey the works which were required

 

· The defendant was supplied with a written quotation of works to be carried out and was also given a contract of acceptance form and the claimants terms and conditions.

 

· The defendant engaged the claimant by way of accepting the claimants terms and conditions and signing the contract of acceptance

 

· The signed contract of acceptance was delivered to the claimant on or around 30th October 2013

 

· The defendant stipulated the work was to be booked in immediately and therefore the claimant began work on the 31st October 2013

 

· The claimant assigned a squad of 3 men to commence works

 

· The claimant’s employees attended the property on the following days: 31st October 1st November, 6th 7th 8th November and again 12th 13th and 14th November.

 

· During this period the claimant also provided sub-contractors to carry out other works required to complete the contract

 

· On or around 14th November 2013 ta building inspector employed by xxxx city council attended the property to engage with the defendant and claimant to ensure the works were compliant

 

· Again on or around 20th November 2013 the building inspector was requested to return to return to the property to confirm the works had been completed to a satisfactory acceptance

 

· Following the appointment the defendant approached the claimant and stated the work was incorrect and required rectification

 

· The claimant offered the defendants options to bring the work to the defendants satisfaction despite the work having already found satisfactory with building control

 

· The defendant rejected the claimants offer and informed the claimant he no longer required the services of the claimant and refused further access to the property

 

· The claimant raised the necessary sales invoice for works carried out at the property as per the signed terms and conditions attached to the said contract.

 

· The defendant has breached the contract and in particular clause 1 and 2

 

That is the end of the particulars I was sent today.

 

There have been the following documents attached to the particulars as separate documents

 

· The email correspondence stating that “3x velux windows in accordance with manufacturers specification……. Payment will be made after building inspector approval however this must fall within our 5 day payment procedure”

 

· Copy of the contract we signed- I also added a term stating “in addition to the email you sent earlier today (referring to the previous point)

 

· The Terms and conditions of the contract- Point 1 refers to properties which are in a dangerous condition and the right of the company to terminate the agreement and still demand money. It also states that any variations must be agreed in writing and agreed with the customer and the company.

 

The relevant points in point 2 are “customer will not interfere with the work of xxxxx. If the customer fails to permit xxx suitable access for xxx to complete its contractual obligations xxx shall be entitled to treat the contract as repudiated and shall be entitled to receive from the customer the contract price.

[Kinger122]

· Final two documents- These are copies of emails sent between myself and the owner of the roofing company.

 

1st EMAIL (His) (there have been numerous emails previously)

Following my attendance at your property yesterday and your subsequent email dated 20.11.13

You state in your email that the roof is ‘not fit for purpose’ and that it contravenes the manufacturer’s stipulations.

 

‘As the contract we agreed to was for the roof to be at a pitch of 15 degrees, we find the roof in its current state unacceptable. ‘

 

I would like to refer you to the appointment at your property attended by the Building Inspector Mr xx , and you xxx, where it was agreed that the current pitch of the roof was acceptable at 13.5*, despite my offer at that meeting to change the works to suit 15 degrees it was unanimously agreed by all parties that the pitch was to be left and the roof to be tiled in and completed and that (Company) would issue a Warranty to enable Building Control to sign off the works.

 

Your complaint of ‘leaking windows’ were inspected and I found that the window flashings had been tampered with. Despite your aggressive reaction and deliberate actions to cause grief I am however, as a professional contractor prepared to complete the following:

 

After careful consideration (company) has agreed to offer you the following two options:

 

1.Completion of Works

A squad shall return to site and repair the flashings around the Velux window. I must inform you that due to recent behaviour and (Company) staff being disrupted by members of your family, it has been decided that the duration of the site visit will be recorded on camera by a Site Manager.

 

2.Removal of Roof – Full Refund

Two squads shall return to site and strip back all of the works, removal of brickwork and materials which were provided by (company) and the premises will be restored to its original state and as detailed on the photographs (company) hold from the Site Survey. A credit will be raised to cancel the current Invoice No xxxx which is outstanding.

 

To date we are willing to waiver the extra costs which were not within the quotation for building up of the gable end walls in brickwork and the removal and refit of a PVC window.

 

Should you decide not to allow access to (company) to return to site and rectify and complete the works then the Contract shall become repudiated as agreed and signed by yourself within the Terms & Conditions clause 2 and the Contract Price shall become outstanding.

 

Please take this email as a reply to your previous email dated 21/11/13. I will give you five days to respond to my email with your decision, failure to do so we will issues legal proceedings against you for full and final payment.

 

My email after his:

We have considered your proposals and have decided that we are unable to accept either option. We must also add that we reject your accusations of “recent behaviour and (company) staff being disrupted by members of your family.” We have CCTV footage of the day in question and my son recorded you on his mobile phone after you became aggressive and told him to “shut his gob,” all of which prove you are being dishonest. No worker of yours was disrupted at all. I find your comments to be a desperate attempt to deflect the blame of your own failings and wrongdoings onto us.

 

We will now explain why we are unable to accept your options:

 

Option 1: “A squad shall return to site and repair the flashings around the Velux window.”

We have told you in numerous emails now that a roof pitch of less than 15 degrees is unacceptable. This is because the manufacturer of both the tiles and windows have invested significant resources in their design and manufacture. These products have tolerances which cannot be exceeded. Furthermore, your company does not have the resources or expertise to redesign and modify products which have undergone thorough and extensive research and testing, as you are not the product manufacturer. You have also failed to inform us how exactly the roof will be repaired and what solution you are proposing to rectify the leaking. We must remind you however that any repair will still remain a breach of our contract and contravention of manufacturer stipulations. Therefore we are rejecting this option.

 

We have had a reputable and competent roofer inspect the roof and he has made a number of comments. He has stated that the installation of the windows and flashing was very poor. There are numerous dents and damage on all three of the Velux windows. The flashing has numerous hammer marks and has been damaged by circular saws. He stated that tiles should never be cut in situ, however the damage and marks clearly show this. Incorrect screws have been installed and areas around the Velux windows have not been installed properly. Glue and adhesives have been applied in what appears to be an attempt to stop incorrect screws from leaking. So not only is the roof unacceptable due to the pitch, but you have damaged our property through poor workmanship and lack of care. For a reputable and professional roofing company this is appalling.

 

Option 2: Removal of Roof – Full Refund

It was agreed via a written contract that you would erect a roof with a pitch of “15 degrees for Velux,” within 4 days. It is now the 26th day and our roof is not fit for purpose or of a satisfactory quality. We find this option unacceptable as not only have we incurred significant cost through the damage to our windows and flashing, but inconvenience, risk to our property and damage to materials inside the house due to leaking windows.

 

With regards to you being “willing to waiver the extra costs,” you admitted that your own employee xxxx had agreed with ourselves verbally that he would be doing the extra work required within the price (window fitting and brickwork). He then lied about ever agreeing to the work, resulting in you authorising the additional work and apologising for his behaviour. We were never paying you any extra to do this work as you accepted that your employee had deceived us and we never said we would pay extra in writing or verbally with yourself or any of your employees.We had also filed a complaint with yourself regarding his behaviour and attitude.You are not offering us any compensation for the delay or damage to our property and we are already nearly a month behind due to your roofing company. You have a contractual agreement with us to complete the work.

We therefore find the only acceptable solution to this situation to be the following:

 

You either complete the roof as per our contractual agreement by:

·Erecting a roof with a 15 degree pitch, as stipulated in the contract and provide us with compensation for the delay and damage to our property. The work must be carried out promptly as we have already inconvenienced unacceptable delays and disruption due to the incompetence of your company.

 

Or:

·You pay us to allow another company to remove and complete the roof to an acceptable standard.

·You provide us with compensation for the Velux windows, flashings and other property which were damaged by your employees and as a result of the leaking windows.

·You provide us compensation for the inconvenience and delays we have been caused due to the incompetence of your workers.

 

If you cannot provide us the service which you stipulated, as per your contract, then we will obtain quotes to have the work completed correctly and will be issuing you an invoice for the amount we will be claiming via court. We cannot delay our building work anymore, and as we explained many times we have a leaking roof which is damaging our property. You have 5 days to reply to this emailotherwise we will assume you do not accept either of our solutions and we will be commencing court proceedings against you.

 

Regards,

Edited December 27, 2013 by Kinger122

[Kinger122]

Sorry for the small writing. I have internet problems and have had to do a lot of writing on my mobile which is frustrating. A few points;

 

 

• He has sent a copy of his email confirming the pitch is less than 15. Does that mean an expert may now not be necessary?
  

 

• In his own contract it states that any amendments to the works must be agreed in writing. But he is now saying that I was happy with the works and I agreed this in front of the building inspector. This is completely false as he essentially said to me "either you have the roof as it is, or I take the whole lot off." So I had no choice but to keep the roof. Furthermore I cannot see how building inspector approval has anything to do with my contract with this company.
  

 

• I feel a bit relieve after reading the particulars but I am not complacent as he seems to basing the whole case on the fact he was refused access and that the property was in a dangerous condition. I have archived CCTV footage of the whole month during which the work was carried out which also has audio. would this ever be needed
  

 

• How do I proceed? I have received the particulars AFTER I have submitted a defence and counterclaim. I believe he timed this to be close to Christmas to get a default judgement
  

Thank you all in advance. I am sorry for the sheer volume of information here. If you require any clarification or additional information please ask. I can also post the counterclaim which I submitted here if it is of any help.

 

Thank you all very much.

 

 

Kindest regards

 

 

Kinger

Edited December 27, 2013 by Kinger122

[Kinger122]

Counterclaim

1. I, xxxof xxxx Aam the Claimant in these proceedings and I make this statement against xxx.

2. The matters set out hereafter are made within my own personal knowledge on this matter, if the contrary appears, I state the source of such, which I believe to be true to the best of my knowledge on this matter.

 

3. The Defendant was contracted out for roofing works to start at my property on 31/10/13 and to be completed by Saturday 2/11/13. It was also agreed that the roof was to be erected at a pitch of at least 15 degrees, which would allow the roof to comply with both Building Control Regulations and the Manufacturer stipulations.

4. To date the roofing works are not complete. The Defendant took an unacceptable time to erect the roof (far in excess of the agreed timescale), and when it was finally erected it was not waterproof and not fit for purpose. It currently remains in the same situation.

 

4. The Claimant is in fundamental breach of the contract and the works he was contracted to undertake thereunder are seriously defective and inadequate, he has not performed his obligations under the agreement, this has left the roofing works requiring proper professional workmanship that complies with building regulations in order to make the same waterproof. Furthermore the roof and Velux windows are in clear contravention of the manufacturer stipulations and building regulations, which, at the present time, due to the Claimant’s wholly deficient works carried out thereon, the roof is not watertight and causing damaged to my property and is preventing the successful completion of my home extension. The roof has been inspected by a number of qualified tradesmen and a Building inspector who has measured the pitch at 13 degrees. Furthermore the tradesmen and inspector have identified that the cause of the leaks can be directly attributed to the incorrect pitch of the roof and windows. They also observed poor workmanship, damage and incorrect screws. The contract terms agreed with xxx roofing explicitly state that the pitch of the roof must be at 15 degrees for the Velux windows and completed within 4 days, both of which were breached by the Claimant. A representative from Velux has stated in writing that any pitch less than 15 degrees will allow water ingress and is unacceptable, as they have invested significant resources in the testing of the windows.

5. All waste removal and clear up was a term within the contract. The Defendant left broken tiles and waste which had to be removed at my expense, despite me writing to him and providing him the opportunity to remove it.

6. Significant disruption and damage have been caused to property as a direct result of the Defendant’s actions. Despite numerous written and verbal attempts to rectify the problem with the defendant, he has subsequently initiated court proceedings demanding payment. It had been explained to xxxxx On numerous occasions that both the manufacturer and Building Control had stated the roof was unacceptable in its current state, along with it being a breach of our agreed contract. As a result the health, safety and security of my family home has been in jeopardy ever since the Defendant has refused to fulfil his contractual agreement.

7. My claim includes a claim for suffering and loss of amenity, which as of now I cannot say how much I expect to recover.

It should be noted that the local authority have refused to issue a Building Regulations Certificate for the said roofing works carried out by the Claimant, because the same do not comply with Building Regulations.

[steampowered]

• He has sent a copy of his email confirming the pitch is less than 15. Does that mean an expert may now not be necessary?
  

 

An expert is not necessary if there is no dispute about the pitch or any other significant technical issue. His email suggests that it is 13.5 degrees not 13 degrees. I don't know if it makes a difference.

 

[*]In his own contract it states that any amendments to the works must be agreed in writing. But he is now saying that I was happy with the works and I agreed this in front of the building inspector. This is completely false as he essentially said to me "either you have the roof as it is, or I take the whole lot off." So I had no choice but to keep the roof. Furthermore I cannot see how building inspector approval has anything to do with my contract with this company.

This kind of thing would go in your witness statement which comes later.

 

There is a contradiction between you saying that the work is defective because the building inspector wouldn't sign off on it and you saying that the building inspector approval doesn't matter because he isn't involved with the contract. You can't have a situation where things said by the building inspector in your favour are important but things said in his favour are not significant. You need to get clear in your mind what is the significance of the building inspector's determination.

 

[*]I feel a bit relieve after reading the particulars but I am not complacent as he seems to basing the whole case on the fact he was refused access and that the property was in a dangerous condition. I have archived CCTV footage of the whole month during which the work was carried out which also has audio. would this ever be needed

If there is a real dispute about access then it might be needed. But to be honest I query whether CCTV would really be of much help.

 

[*]How do I proceed? I have received the particulars AFTER I have submitted a defence and counterclaim. I believe he timed this to be close to Christmas to get a default judgement

Assuming the Defence has already been filed at court and sent to the other side you don't need to do anything formal for the court process, just wait for the Directions Questionnaire.

 

You should spend the time filling in the holes in your case. Your counterclaim is fine but I am a bit concerned by the number of assertions you are making about what other people have said - these would all need to be proved. You need to do your best to have evidence to support everything you are saying.

 

If you say something like "the roof has been inspected by a number of qualified tradesmen" you need to be able to provide evidence to support this. You also need to be able to prove the things you are alleging such as poor workmanship, damage and incorrect crews; and the things you are saying about the representatives from Velux.

 

Similarly, you would need to prove to the judge why it is a problem that the roof is not pitched at 15 degrees and how much it would cost to put this right - he needs to decide on a figure for the damages he will not just pull a figure out of thin air. As suggested above you should get quotes for the work. I'm not quite sure exactly what it means for the roof to be "unacceptable" so you need to be ready to fill in the details for the judge.

[Kinger122]

Thank you for your comments steampowered.

 

1. The roof when measured by the roofing company was 13.5. The pitch by the building inspector was between 13 and 13.5 degrees, depending on area.

 

2. The building inspector has constantly changed his mind. He initially said that the roof was unacceptable at anything less than 15 degrees. Then he came back and said that he would accept less than 15 if it came with a guarantee from the roofing company. How roofing works which are fundamentally flawed can be fixed by a guarantee astounds me! What do we do after the guarantee runs out? What if the company goes bankrupt etc. The only evidence I want from the inspector was the pitch, as his measurements would be more impartial. What I meant was the fact that it was approved or not seems irrelevant as he was not involved in the contract.

 

3. I have some written statements from tradesmen but not many were willing to do so as this is a small city and the company has a large influence. A lot of tradesmen do occasional work or know of this company. As a results it has been difficult to even get people to come back once they see the roof. As they get suspicious and say they don't want to touch someone else's work.

 

4. The quotes I have obtained have been from 7-8 thousand pounds. But how can I quantify the suffering and disruption to my family. The expense of heating due to the roof not being finished. The mess and inconvenience etc.

 

I have an email from velux stating the pitch and requirements etc. I have written statements from tradesmen and I also have photographs of the roof and the damage etc. However I have not instructed an expert as of yet as I do not know if I will be given permission, I do not know if It will be admissible or if I will be able to recover the cost.

 

Kind regards

 

Kinger

[mocster1985]

An expert is not necessary if there is no dispute about the pitch or any other significant technical issue. His email suggests that it is 13.5 degrees not 13 degrees. I don't know if it makes a difference.

 

 

This kind of thing would go in your witness statement which comes later.

 

There is a contradiction between you saying that the work is defective because the building inspector wouldn't sign off on it and you saying that the building inspector approval doesn't matter because he isn't involved with the contract. You can't have a situation where things said by the building inspector in your favour are important but things said in his favour are not significant. You need to get clear in your mind what is the significance of the building inspector's determination.

 

 

If there is a real dispute about access then it might be needed. But to be honest I query whether CCTV would really be of much help.

 

 

Assuming the Defence has already been filed at court and sent to the other side you don't need to do anything formal for the court process, just wait for the Directions Questionnaire.

 

You should spend the time filling in the holes in your case. Your counterclaim is fine but I am a bit concerned by the number of assertions you are making about what other people have said - these would all need to be proved. You need to do your best to have evidence to support everything you are saying.

 

If you say something like "the roof has been inspected by a number of qualified tradesmen" you need to be able to provide evidence to support this. You also need to be able to prove the things you are alleging such as poor workmanship, damage and incorrect crews; and the things you are saying about the representatives from Velux.

 

Similarly, you would need to prove to the judge why it is a problem that the roof is not pitched at 15 degrees and how much it would cost to put this right - he needs to decide on a figure for the damages he will not just pull a figure out of thin air. As suggested above you should get quotes for the work. I'm not quite sure exactly what it means for the roof to be "unacceptable" so you need to be ready to fill in the details for the judge.

 

 

 

 

 

My 2 pence worth as a roofer. The pitch makes a massive difference. 15 degrees is minimum for good reason. If the pitch is to low water moves backwards up the roof. It is called Capillary action.

{http://uk.answers.yahoo.com/question/index?qid=20090412032206AA7oFPr]

 

This causes water to run in. Secondly using the wrong screws is a bad choice. Velux windows come with specific screws which seal in the flashing . If the wrong ones are used......You need a specific hexagonal screw bit to do them up called a T5

 

https://www.google.mu/search?q=T5+velux+bit&es_sm=93&espv=210&source=lnms&tbm=isch&sa=X&ei=Tdi9UrLaH8qzrgfBlICgBg&ved=0CAcQ_AUoAQ&biw=1024&bih=666#es_sm=93&espv=210&q=T5+bit&tbm=isch&facrc=_&imgdii=_&imgrc=d7y7k9X50efJMM%3A%3Bfz2ijZhaxvSCHM%3Bhttp%253A%252F%252Fbutterflyknifekits.com%252Fimages%252Fproducts%252Flarge_267_6PieceTORXDriverBitSet.JPG%3Bhttp%253A%252F%252Fbutterflyknifekits.com%252Findex.php%253Fl%253Dproduct_detail%2526p%253D267%3B700%3B531

 

I think they may not have had it so used other screws. Also what type of tiles were put on the roof? If they were grainy or sand finished these also soak up water and do not work well on incorrect pitch.

 

Also hammer marks on flashing? If the hammer has pierced the flashing this will cause leaks. Basically they do not sound like roofers. Take pictures of all of this and put explanatory note next to them. You could also get a roofer to survey the job and get written up to save on costs.

 

 

Hope this helps a little bit.

[Kinger122]

Thank you for your reply mocster1985. That is exactly what other roofers have told me too. they have cut the tiles in situ and the circular saws have cut the flashing. The flashing has dents and has been bashed heavily with a normal hammer. Velux also said that due to capillary action just a few degrees can mean that the water draws upwards and leaks.

 

The tiles are Forticrete Centurion, low pitch.

 

Thank you,

 

Kinger

[mocster1985]

I believe the amount you can claim in small claims court for an expert is 750£ I previously believed it to be 300£

 

http://www.which.co.uk/consumer-rights/problem/when-should-i-use-the-small-claims-court-

 

Also have you considered a no win no fee construction solicitors? I have personally never used them or know what they are like. But my head gets frazzeled by reading through the law just for my small case.