Plumber Issued Small Claims Against us.

[cabbies crick]

OK, fair play, that makes total sense.  So does that include everything - his name, address, email address, etc?  And it's totally safe to do so?  I do apologise as I'm sure you're asked that question all the time.  But for those of who have never been in this position - and fear potential repercussions - it's quite a nerve wracking thing to do!  

 

Also not sure about third parties, like the tiler as mentioned above, but he also names customer service reps in the shop that served him.  

[dx100uk]

You do realise all court claims get published by the courts in the open domain. 

 

 

[cabbies crick]

No, I didn't! OK, so leave everyone's details except mine...  I'm on it!  Thanks and sorry for all those questions.

[cabbies crick]

Please find requested combined PDF attached. 

 

Here's a timeline of recent relevant correspondences, to help with context:

 

- 28/02.  Claimant sent email titled "Breach of contract, request payment" (attached).  He stated:  "Please respond or pay the final invoice within 14 days. Otherwise I’ll have no other choice but to look toward court proceedings to reclaim the money owed. "  In the Claim Form he refers to this as his "last warning email before court action".

- 14/03.  We requested a time extension of 7 days.  

- 14/03.  Claimant agree, giving us a further 7 days (until the evening of 21/03).

- 21/03.  08:37.  Claimant sent email titled "Court Action" (attached).  In the Claim Form he refers to this as his "letter of action".

- 21/03.  We responded immediately explaining we thought we had until the evening.  

- 21/03.  09:42.  We sent our full response, in which we:

• addressed all of the matters he had raised in his email of 28/02,
• re-stated our position' our views, and our proposed solutions,
• listed and explained some new issues that had come to light with the job in the interim,
• shared some of the feedback we had received regarding the tiling (on a forum),
• offered to forward emails we had with manufacturers regarding his use of their products
• made partial payment of £1,000,
• asked if he would be willing to explore ADR 

- 21/03.  Claimant said he had spoken to his legal advisors and was willing to go forward with ADR.  He also requested the manufacturers' emails we had offered.

- 22/03.  Claimant said he was looking into ADR schemes "today" to see if he thinks they are suitable

- 25/03.  We sent an email re-iterating/summarising our position and asking if he had made any progress or decision RE ADR.

- 31/03.  Received Money Claim email. 

 

Hope all of that helps, and sorry if it hinders!  

 

Our biggest concerns right now are concerning the late payment fees and interest.  

 

Many thanks

 

[dx100uk]

..... to 'common law' they cant add anything...what utter CRAP.

5% non payment fee PCM...

 

stuff to their 'wasted time, travel costs and testing too...scammers united!!

 

dx

 

[cabbies crick]

Thanks @dx100uk

 

So in our response / defence, do we just refute the late fees and the interest as part of our more general defence?  Or is there something more nuanced we do with regards those? 

 

Also, does anyone have a view on whether the email of 28/02 or the email of 21/03 should be regarded as the letter of action?  And does it matter?  I guess I ask because I'm not sure how far off the mark he was with his pre-action protocols and whether that's significant or not.  

 

Many thanks

[dx100uk]

Failure of a proper letter of claim will get a mention in the defence, worth a few browny points. 

 

Of more importance is the wrong fees/interest. It will be flat court 8% , and not monthly. Annual

 

[cabbies crick]

OK, thanks - I'll have a think about how to put the letter of claim aspect into the defence but in all honesty I'm not sure how I do.

 

I was pretty sure he could not charge those late fees but it's nice to have some further re-assurance seeing as it is building up so quickly!  Can he even still claim the 8% annual interest seeing as he has done it wrong on his claim form?   I'm also not sure whether him trying to charge them just looks bad, or has a bearing on his claim, and if so how. 

 

It's all quite daunting really, having never been in this situation.  Any advice on the above or on any aspects of the whole case would be most helpful. 

 

Thanks again 

Edited April 7, 2022 by cabbies crick
Clarity

[cabbies crick]

Whilst I continue to work on my defence, I wondered if anyone could help me with a question please...

 

1. The contract is in my name only (Didn't think to question it at the time... Hadn't anticipated what would happen...  Lesson learnt!).

2. The house is owned by my wife and I.

3. Before accepting the quote, I wrote in an email "my partner is in ****** at the mo looking after her dad, so I'll discuss it with her when I can and get back to you soon."

4. All dealings with the trader have been with my wife and I.  There has been A LOT of correspondence between us over the last few months, and in nearly all of it we refer to ourselves as "we" and sign it off with both our names.

5. The partial payment we have made is from our joint account.

6. The claim is against just me. 

 

Is there any way we can argue that the claim should be against both of us?  Or is the name on the contract the only thing that matters in such situations?

 

Many thanks    

[dx100uk]

you dont want it against both of you cause IF you lose it would be a joint judgement on a jointly owned home. he could go for a charging order to ensure (eventual) payment, as it stands the claim being just in your name removed that threat. 

 

as for your defence

keep in very short and very simple, dont go into things the POC does not specifically mention, thats for your witness statement. if the claim gets that far.

 

 

[dx100uk]

looking at your other thread...you've partially admitted the claim? very bad move!!!

automatic CCJ now i'm afraid.

 

you should have consulted here first and sought advice and posted you defence first here.

 

i see we already advised against this...

On 20/04/2022 at 18:28, dx100uk said:

1. no. and do not admit part = instant CCJ.
2. see other like threads here already regarding building trade court claims, sep timeline for what?
3. evidence is for the witness statement stage after allocation to your local court.
4. as above
5. as above
6. keep your defence short brief and simple.