Laminate flooring gone wrong Court action threatened

ally2010

Hi folks

Just after some help.

Back in October I had some laminate flooring put down into the hallway and my lounge

I was happy with the quote.

HOWEVER it has been laid wrong it lifts up everytime you walk on it

Also the bloke who was employed to fit it and who also supplied it botched it up.
He has cut through a telephone cable wire which has knackered the alarm system.
He said tough when I told him.

I have epilepsy and have a asistanc edog who is a registered seizure alert dog. It is VITAL I have access to the alarm system as it is a red care one that if I have a seizure my dog is trained to press a button and it alerts the emergency services.

The bloke who was supplying and fitting the laminate floor was careless and sliced through a telephone cable which therefore has knackered the panic alarm system

It has cost me £765.00 to put right including labour and re-connection with the alarm people and also the local police.

He refused to fix it when I told him so I stopped the payment.

He filed court action against me and I have worte to the court telling them it is my right not to pay if I am not happy weith the work.
I have sent them receipts for the work that I HAD TO PAY FOR due to HIS !!!! UP.

Now I have received a letter stating they will proceed with bailiffs next week to force entry and remove my goods.

HE cost me more than what the flooring cost.
HE ballsed it all up

Is there anything I can do???

Help please I have neve rowed money to anyone in my life.

Plasterer

This would have been dealt with through small claims court. Has the court date been and gone? Did you go to it? If so have you had a county court judement put against you?

ally2010

Hi

I havent received a date on any letter to go to court?????????

I got the initial claim form with all the other persons claims on like quote copy and invoice etc

Then today I got this letter from the court

YOU have not made payment under the judgement the claimant has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods

This will be done on the 27th January unless you pay the amount due.

NO DATE was given on ANY piece of paper I initially received

suisidevw

Is that a genuine letter?!?!/

Plasterer

ally2010 wrote: »

Hi

I havent received a date on any letter to go to court?????????

I got the initial claim form with all the other persons claims on like quote copy and invoice etc

Then today I got this letter from the court

YOU have not made payment under the judgement the claimant has therefore asked for a warrant to be issued to the bailiff to seize and sell your goods

This will be done on the 27th January unless you pay the amount due.

NO DATE was given on ANY piece of paper I initially received

This "original form" was it a form from the small claim courts? If so there would have been a section that you fill saying what you feel you owe and don't owe with reasons as to why. Sounds to me that it has'nt gone to court though and that this guy has got a solicitor to write to you. If this is the case, they can't just come in and take your property!!!!!

If it is a county court judement how did you miss the case? Generally if you don't turn up to the hearings they award it to the party in question.

ormus

phone the court up and check.
it maybe hes pulling a fast one. either legal/lawyer letters or even forged docs. easy now on a computer!

ally2010

Hmm it looks like it

It does have the court stamp on the letter and also a warrant numbe rwhich the other ONLY letter I got from them didn't have on

This letter and the claim letter are the only two I have received.

None of them have had a date on them

It feels all one sided I aint paying for goods that have

a) had to be ripped up and replaced

and

b) damaged my property further.

ormus

if its all genuine and above board you may have no option but to pay up. then you can take legal action agin the installer.
trying to overturn a county courts decision is very very hard (nearly impossible).
and costly.

but by taking legal action yourself, thats a seperate action.

chappers

Did you file a response to the court claim, if so you should have recieved a date for the hearing if the bailiffs letter is from the court and somehow you have missed the hearing,then,ring the court and ask about getting the judgement set aside, they will be able to talk you through this, also speak to the bailiffs and tell them you are applying to get the judgement set aside , you will then be given a date for the set aside hearing and get a chance to state your grievances.
If you have genuine reasons getting the judgement overturned/set aside is not that costly and shouldn't be a problem.
Donot let the bailiffs in they have no rights to enter your property, do a search on here for bailiffs rights etc.

MascaraMinx

This is completely ridiculous - you need to seek legal advice before 27th Jan. Contact the Citizens Advice Bureau or go to a local solicitors (most will do a free half hour consultation), they will at least tell you whether this letter is genuine and what your options are. If you have kept the documentation as outlined in your post I think you have a perfectly good case for not paying up.

Fire_Fox

Speak to the court to find out whether you have missed the hearing. Send every item of documentation by recorded delivery. As Chappers rightly says you can apply for any judgement to be set aside so don't panic. Are you registered disabled or do you have a professional advocate via a charity, the NHS or local council?

Local paper might be interested in this cowboy, especially given you have a health condition which means you need the phone line. Invite them to the hearing ....