Court claim from Builder / Help in Defence Statement

[JMKP]

We have just finished (finally!) building works at out house. The price of the works exceeded £30k (we did not have a signed contract - lesson 1!).

 

There were snags and damages that they attended to, but some were unable to be fixed, which leaves a balance of £308.00 on their invoice that I did not pay (which I explained to them) as I'm going to have to pay / have already paid for the following damages: damaged flooring (£180), decs for the replacement flooring (£100), broken window (£140), replacement of shower hose (£25), replacement of broom (£20). In addition, we now have a broken marble fireplace hearth, 2 light switches that are not working correctly, and we have to fix several issues on a desk that they reinstalled.

 

There were also several other issues (including the boiler being put in the 'wrong' place) that I could raise a fuss over, but I'm not.

 

The CCJ says that 'work was carried out as per Mr P's request and he has not paid us in full, i.e. non payment of our invoice'.

 

If anything, I feel that he owes us money, but I've no interest in filing a counter claim - and I feel a bit petty causing such a stink over £300, but I do have to have things fixed, and they are going to cost more than £300 to do.

 

What's the best way to go about this? Deny that I owe the money on the invoice due to damages? Should I be detailed in my explanation? Is there a benefit for submitting online vs registered mail?

 

I really would appreciate any help that you can give.

 

Kind regards,

 

Mrs P

[AndyOrch]

Hi and welcome to CAG.....

 

You have 33 days in total to deal with this claim (assuming you are defending in full)...19 days from and including the date on the claim form to submit your acknowledgment of service and a further 14 days to submit your defence. It is preferable to register and use the on line service MCOL ...its free more secure and leaves a paper trail.

 

If you could scan and post up or type out the claimants particulars of claim (verbatim less any identifiable data) and also the date on the claim form.

 

Regards

 

Andy

 

Thread moved to General Legal Issues.

[JMKP]

[ATTACH=CONFIG]58376[/ATTACH]

 

Many thanks, Andy. Here is an attachment.

 

Hopefully it works...if not, the issue date was 1 July 2015 and the particulars of the claim are:

 

Work was carried out as per MrXXXXXX request and he has not paid us in full, ie: non payment of our invoice

 

 

Amount claimed is £308.00 plus Court fee of £35.00.

 

I will submit the acknowledgment of service online today.

 

Many thanks,

 

Julie

Edited July 7, 2015 by Andyorch
Name removed

[AndyOrch]

Excellent..... I assume that's your real name that you have registered as and will request a name change change for you

[JMKP]

Thanks - yes, I guess that wasn't a good idea! Do I need to do anything or wait for an email to change?

[honeybee13]

Thanks - yes, I guess that wasn't a good idea! Do I need to do anything or wait for an email to change?

 

Hi. I've sent you a PM, please check your Notifications box at the top of this screen.

 

HB

Edited July 7, 2015 by honeybee13
Editing quoted name to the new username.

[AndyOrch]

Okay all sorted...back to the claim......

 

Have you retained any documentation with regards to the snags and problems with the work carried out ? Why do you have no wish to file a counter claim?

[JMKP]

Thanks

 

I have all of the email correspondence. I also have the quotes and receipts from the work that was repaired. I have pictures and emails regarding the damages and the issues, as well.

 

Honestly, I just want the whole process to be over. They guys working for this guy did a nice job (for the most part - albeit very slow). I'd rather not drag it out into a lengthy court process.

[AndyOrch]

Okay well we can draft a simple defence nearer the time...using the damages as offset and reasons as to why the money was withheld.Bump your thread say a week before your defence due date.

 

Regards

 

Andy

[JMKP]

Many thanks.

 

I was planning to just reply ASAP. Is there a reason why I shouldn't just do it now?

 

I just dont'' want it to screw up my credit rating.

[AndyOrch]

Many thanks.

 

I was planning to just reply ASAP. Is there a reason why I shouldn't just do it now?

 

I just dont'' want it to screw up my credit rating.

 

No reason at all...except I wont be able to assist just yet as there are numerous posters in front of you already waiting for defences. ...but feel free to proceed on your own.

 

Regards

 

Andy

[JMKP]

No worries - happy to wait then. I've submitted the Acknowledgment and will bump my thread a week before it is due.

 

Many thanks for your help.

 

Julie

[JMKP]

Hi Andy,

 

Just bumping the thread. I'm going to be rummaging through all the builder emails this weekend. Let me know what 'specifics' should be in my response (I noted the online response was limited to a certain number of characters).

 

Many thanks,

 

Julie

[ScarletPimpernel]

For clarity, I've changed the thread title to reflect that you do not have a CCJ, but a claim.

[AndyOrch]

Hi JMKP

 

I will draft you a defence early next week.

 

Regards

 

Andy

[AndyOrch]

Particulars of Claim

 

1.Work was carried out as per MrXXXXXX request and he has not paid us in full, ie: non payment of our invoice

 

 

Amount claimed is £308.00 plus Court fee of £35.00.

 

####Defence#####

 

The claimants claim is denied.Any amount outstanding was withheld due to damage caused by the builder and unfinished unsatisfied works.

 

The above was conveyed in writing to the builder and the reasons for withholding payment..

 

By reason of the facts and matters set out above, it is denied that the Claimant is entitled to any further payments.

[AndyOrch]

Many thanks.

 

I was planning to just reply ASAP. Is there a reason why I shouldn't just do it now?

 

I just dont'' want it to screw up my credit rating.

 

Defence is due tomorrow

[JMKP]

Many thanks, Andy. All submitted.

 

I guess we'll just wait for the responses!

 

I appreciate your help in the matter.

 

Kind regards,

 

Julie

[AndyOrch]