Small Claims Court guide

omegatvt

That's before claiming for for his bank which cost another £131. All of this I will add to the claim ?

fruit_foxbat

Hello, I am desperate for some advice on the following...

I am seeking legal advice regarding a dispute with a builder who has threatened to issue proceedings in the Small Claims Court.

Approximately four years ago, the builder installed a concealed toilet in our home. Recently, the toilet developed a leak, and we contacted him to return and repair it.

Before carrying out the work, no written quotation, estimate, hourly rate or indication of the likely cost was provided. At no point did we agree a price for the repair.

The builder completed the work, which involved accessing the concealed cistern by removing a tile, replacing some Grohe cistern components, adding timber reinforcement to the toilet frame, reinstalling the tile that we supplied, and carrying out some re-grouting.

Around three weeks after the work was completed, he sent me a brief WhatsApp message stating that the cost of the work was £950. He did not provide a formal invoice, an itemised breakdown of labour or materials, or receipts for the parts used.

I replied by WhatsApp explaining that we considered the amount excessive given the work carried out and that we were willing to discuss a reasonable payment. I also requested an itemised invoice together with receipts or evidence of the material costs. Despite this request, he has not provided any further information or documentation.

Today, he contacted me again stating that he intends to take us to court because we have not paid the £950.

I would be grateful for advice on the following matters:

1. Whether a trader can recover an amount that was never agreed in advance and was only communicated several weeks after the work was completed.
2. Whether we are entitled to request an itemised invoice and evidence of the material costs before making payment.
3. Whether it would be advisable to make a payment that we consider reasonable while the dispute remains unresolved.
4. What evidence we should prepare if the matter proceeds to the Small Claims Court.

We have retained all WhatsApp correspondence, photographs of the work, and other relevant evidence, and can provide these if required.

Thank you all for any advice!

lincroft1710

Yes, he can take you to court, but it is for him to prove to the judge that you owe the debt. It is highly doubtful a judge would find in his favour without being provided with a breakdown of the £950

Doc_N

If there was no prior agreement on the cost of the work, the builder is entitled to charge what is ‘reasonable’ in all the circumstances. He can take you to court for non payment, but the court will look at whether or not the £950 is reasonable.

eskbanker

There is no obligation on a trader to supply itemised invoices or quotes to a customer, or to prove the cost of materials, but, as above, a court is likely to require him to show his workings…

Before carrying out the work, no written quotation, estimate, hourly rate or indication of the likely cost was provided. At no point did we agree a price for the repair.

Potentially an expensive lesson there - if you engage a trader without agreeing anything about costs, it's dangerous to assume that you'll be able to influence these when it's too late! How have you calculated your view of what's 'reasonable'?

sheramber

What he paid for the materials is his business.

Do yiou as the supermsarkrt how much thry paid for the items you buy?

It is no different. he buys at trade orice and sells to you at retail price.

Why did you ask for a quotation before you engaged him?

https://www.gov.uk/invoicing-and-taking-payment-from-customers

If you sell a customer a product or a service, you need to give them an invoice (bill) by law if both you and the customer are registered for VAT (a business to business transaction). An invoice is not the same as a receipt, which is an acknowledgement of payment.

user1977

I would do nothing unless and until he actually raises a court action. Which would seem daft for him to do without at least discussing a lower figure to settle at.