Small Claims Court

wanna-be-mortgage-free_2

Looking for advice.

I have power of attorney on behalf of a relative and employed a builder on the relative's instructions to do work on their home. Long story short I want to submit a small claim in court for unsatisfactory work and money paid for materials that were not purchased and no receipts provided as per our agreement.

If I submit the claim do I do it in my name or in the name of my relative who I was acting on behalf of?

arcon5

If you're merely acting as the relatives agent then the contract would be between the relative and the builder, no? If this is the case, then put it in his name and tell the courts you will be representing the relative.

What kind of agreement was in place?

wanna-be-mortgage-free_2

Thanks I did think it should be in relatives name but wanted to check.

We had a written agreement over time to do the job and the purchasing of the materials. The timescale was not adhered to, the job was substandard and upon 'sacking' him he could not provide me with receipts for the £970 that was paid for materials. Not many materials were actually used at all.

Anyway, thanks for the advice will be submitting this next week if no reply to second letter.

Best.

arcon5

Is there a name on the agreement?

shilcor

I'd have thought that if you hired the builder, even though it was to carry out work on a relative's behalf, then it is you who should take him to court as his contract is with you unless your relative signed any agreement with him instead. I have Lasting Power of Attorney on behalf of a relative too and have also previously helped my daughter go through the Small Claims process when a landlord bounced her returned deposit cheque when she and her partner vacated a house they rented from him. I find that the courts are quite helpful if you give them a call to ask their advice so might be worth doing that first.