Procedure for Small Claims Court (Job not finished)

Tea3

Can anyone tell me the correct procedure for taking a company to small claims court? I realise I must contact them in writing etc first but am not sure what to put in the letter and how much time to allow them to complete the job and also what happens if they refuse delivery of the recorded delivery letter.

Summary - we booked a company to replace our fence, we were told it would be completed in one morning (we paid more for this company as they could do the job quickly which we needed as fence was blown down and we had 'escapee' dogs). Guys when doing the fence said they would finish off some bits 'in a couple of days', we said we would then pay when job was finished. Guys went back outside for a while, came back and said job was finished and they would not need to come back - we paid in full as job appeared to be finished. A couple of days later we noticed our shed had been shoved aside and not put back and that the caps were missing from the fence - I contacted the company to check the situation and left a message on their answermachine (no reply), a couple of days later I got someone on the phone and was told they were waiting on the caps arriving and would sort the shed at the same time. A week later I called and left message (no reply), next day I got someone on the phone and he said several people were in the same situation, they were waiting for these caps arriving and would be in touch later that week, The following week I left a message saying I was not told of any delay when work was booked, I want my caps fitted and shed put back and if they could not give me some indication of a time-frame for this then I would need to employ another company to finish the job and then recover the payment from this one for this un-completed part of the original job. A few hours later got an abrupt messge back (my first call back from them) saying the guys would be around this morning to finish the job and that the caps have only arrived that morning (coincidence?). Today nobody arrived, I left a message on their answermachine and also sent a text but again no reply! I am now pee'd off as its now 3 weeks since the job was apparently completed and although the caps are only cosmetic (I would assume as no idea what post caps are), the shed is moved about 10 inches from fence and is now right at our back door, so nothing major but I want what I paid for (hubby and I cant shove shed back, we tried, and anyway mum says we shouldn't incase we damage it and they then blame us).

So sorry for long post but what should I put in writing to them, what happens if they refuse to accept delivery, can I get a quote from someone else to sort it and then claim it back from this original company?

ADDED - they originally said delay in fitting caps was due to non-standard size posts that were 4x4, however we were happy to keep or replace our original 3x3 posts when we got quote from them but they convinced us they rarely use 3x3 as they are not strong enough in windy areas and are prone to snapping and that they only really use 4x4 posts - we agree and paid more for the 4x4 posts (using our existing panels). If the 4x4 was their recomendation and their 'normal' post size they surely should have caps or advise people of the lack of caps before starting the job? (quote for using some of our posts and replacing some was £179, quote for reaplceing all with 4x4 and using our own panels was £390 - we went with their £390/4x4 quote)

wealdroam

http://www.hmcourts-service.gov.uk/onlineservices/mcol/index.htm

DebtHater

Hi, sounds like you have been having a bit of trouble then!

I took a brief look at what you were saying, but with SCC cases it is very hard to advise someone just on a brief forum post.

When taking someone to the SCC, you will be expected to show to the judge that you have made every effort to resolve this issue and reclaim your expenses.
So this means, you will need to write them a letter stating that they have X amount of days (usually between 7-14 working days) to resolve the issues to your satisfaction, or you will take legal action. You must state that you will be taking legal action. This is what is known as an LBA, or Letter Before Action.
A SCC judge will take an LBA as suitable proof that you have done everything in your power to sort the issue out before getting the court involved.

Starting the claim off is easy. You need to go to http://www.moneyclaim.gov.uk and select that you are the claimant. You will be asked various questions and given the opportunity to explain a brief summary of your story. You will need to input the defendents details and they will get paperwork sent through the post by the courts. They will need to acknowledge the claim and will be given the opportunity to settle/resolve the issue or defend the claim. If they defend/ignore the claim, it goes to court and a hearing date will be made.

You will also need to contact 2-3 other companies to get estimates for the work not completed or any damages. Keep these quotes in writing and give them to the court, in order for them to ascertain how much you may be owed/entitled to.

BUT there is a risk, you will need to pay the court costs up front. These are refundable if you win the case.

I have been there and done it myself and won. If you feel you need justice, then go for it!
Good luck.