Particular of Claim - what legislation is involved

[oldpoyntz]

We are in the process of taking our builder through the small claims court. We paid him money for a major build which included re-wiring and supply of kitchen. The kitchen was not supplied and we had to pay the supply company ourselves and the wiring was so bad we had to get an electrician in to re-wire the house.

 

The court has asked for the Particulars of the claim but I need to know what legislation is involved and why. All I know is we want a refund of money we believe we have paid twice but legally I don't know what this is.

 

I really need to get this sent off ASAP so any help greatly appreciated!

 

OP

[oldpoyntz]

just been googling and could it be we are claiming for financial compensation under the consumer rights act 2015?

[Andyorch]

The relevant CPR......

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16

 

It wont be the CRA 2015......its a simple over payment and you want a refund with Interest at 8%

[oldpoyntz]

Can I seek interest even if I didn't put it on my original claim form? We just put £10k + court fee.

[Andyorch]

Can I seek interest even if I didn't put it on my original claim form? We just put £10k + court fee.

 

Did you submit your claim on line MCOL ?

[BankFodder]

If the judge has asked for a POC, it sounds to me as if you've filed a claim with a very scan particulars and the judge has now ordered you to provide a full particulars of claim by a certain date or else the case will be struck out. Might this be what happened?

[oldpoyntz]

Yes, when I completed the claim form originally it stated just put a brief description, so I did. So yes, now I've been asked to provide full particulars which in itself is not a problem, I have dates and receipts etc.

[Andyorch]

Can I seek interest even if I didn't put it on my original claim form? We just put £10k + court fee.

 

Yes, when I completed the claim form originally it stated just put a brief description, so I did. So yes, now I've been asked to provide full particulars which in itself is not a problem, I have dates and receipts etc.

 

But didn't click the option to claim section 69 interest (8%)...and therefore your claim is net of interest which cant be added after its been issued.

 

Regards

 

Andy