Small claims...

KitchenNightmare

Hi,
I am preparing to take a kitchen fitter to court.
I have written twice (LBAs) both sent (and received) by registered post.
They have done nothing. They have taken over a year to finish my kitchen and ignored both LBAs and most of my phone calls and emails over the past 15 months.
I have been confused over the information I have read on various different sites; including this one, CAB, Justice.gov.uk, Legal Beagles, Judiciary.gov.uk, Which? to name a few.
All I want to know is: must I send another LBA outlining exactly how much (a figure) I want to claim?
(Do I even need to write to them at all or can I just plough on with the claim?)

Many thanks, KN

pinkshoes

KitchenNightmare wrote: »

Hi,
I am preparing to take a kitchen fitter to court.
I have written twice (LBAs) both sent (and received) by registered post.
They have done nothing. They have taken over a year to finish my kitchen and ignored both LBAs and most of my phone calls and emails over the past 15 months.
I have been confused over the information I have read on various different sites; including this one, CAB, Justice.gov.uk, Legal Beagles, Judiciary.gov.uk, Which? to name a few.
All I want to know is: must I send another LBA outlining exactly how much (a figure) I want to claim?
(Do I even need to write to them at all or can I just plough on with the claim?)

Many thanks, KN

What are you trying to claim or ask for?

(As it says above your kitchens finished).

If you have already sent a letter before action quantifying your actual losses and giving them say 21 days to pay, then your next step is court.

Why did you send two LBAs?

KitchenNightmare

Thanks, Pink Shoes.
My kitchen is still not finished, and this has been going on for 15 months.
I am claiming money. So I can get a kitchen fitted properly - with units that are fit for purpose; within a reasonable time.
I am hesitant to file a small claim for obvious reasons, and sent two LBAs as I wanted to give the company many chances to resolve this situation with me first. But I never gave an exact figure as I was hoping they would communicate with me. They have not.
A recent builder (who came to quote to rectify the current problems) advised me to claim for the total cost of kitchen...\

So, again, my question is: do I need to state a figure (that I want refunded) BEFORE I start court proceedings?

Many thanks!

wealdroam

KitchenNightmare wrote: »

Thanks, Pink Shoes.
My kitchen is still not finished, and this has been going on for 15 months.
I am claiming money. So I can get a kitchen fitted properly - with units that are fit for purpose; within a reasonable time.
I am hesitant to file a small claim for obvious reasons, and sent two LBAs as I wanted to give the company many chances to resolve this situation with me first. But I never gave an exact figure as I was hoping they would communicate with me. They have not.
A recent builder (who came to quote to rectify the current problems) advised me to claim for the total cost of kitchen...\

So, again, my question is: do I need to state a figure (that I want refunded) BEFORE I start court proceedings?

Many thanks!

Firstly, can we assume that you have already paid the fitter for completion of the job?

If so, the consider sending a Letter Before Action.

It appears you have not yet sent a Letter Before Action.

An LBA must state:

1) the problem,
2) the remedy you expect,
3) a time limit for supply of the remedy,
4) what will happen if the remedy is not provided within that timescale.

Something like:

Dear Sirs,

Letter Before Action

Following our recent correspondence, you are aware that my kitchen installation is unfinished. I enclose three estimates for completion of the works by others.

Please ensure that I have £xxx.xx I]£xxx.xx is the amount on the middle estimate[/I before dd/mmm/yyyy I]dd/mmm/yyyy is a date (say) 21 days hence[/I.

If I have not received that money by the stated date I will not hesitate further in starting court action to recover my money.

Yours etc. KitchenNightmare

Unfortunately you have already lost some credibility by not following up on your first 'lba'. The fitter has probably decided that there is no risk of you taking court action.

KitchenNightmare

Thanks, Pink Shoes.
Yes, I did pay them, stupidly.
So I do have to name a figure before starting a claim?
I'm not worried about losing credibility... clearly, they're in for a shock. I just want to make sure I have done all I am legally required to do before court action. But it sounds like I must name my price, so to speak! (Legally?)

Thanks again!

tykesi

Of course you do other wise it's:

You: "I'm taking you to court because you owe me money!"

Them "Ok, how much"

You: "Ummmmmm....... I'm not sure"

Them: "hahahahahahahahah"

The court: "!!!!!!?"

wealdroam

KitchenNightmare wrote: »

So I do have to name a figure before starting a claim?

Surely your question was answered when you read this CAB page?

pinkshoes

KitchenNightmare wrote: »

Thanks, Pink Shoes.
Yes, I did pay them, stupidly.
So I do have to name a figure before starting a claim?
I'm not worried about losing credibility... clearly, they're in for a shock. I just want to make sure I have done all I am legally required to do before court action. But it sounds like I must name my price, so to speak! (Legally?)

Thanks again!

Yes, you need to be far more specific in a LBA.

1. Get three quotes from reputable builders to get the work finished.

2. Write to kitchen company quoting all the opportunities they have had to finish the work that they have already been paid for (dates of correspondence) and giving them 21 days to pay the amount required (cheapest of three quotes) otherwise you will take them to court for the money. Attach a copy of the three quotes to show you are mitigating any loses by shopping around.

3. Employ cheapest quote builder to finish work if you can afford it.

4. After 21 days, start on line claim against them. It is very cheap, and they will have to pay your costs.

cono1717

KitchenNightmare wrote: »

But it sounds like I must name my price, so to speak!

Yes but not an exuberant amount whilst frustrating and the urge to take them to the cleaners is there you have to be seen to be mitigating your losses. Don't start slapping on £x,xxx for emotional trauma e.t.c itemise everything - time spent claiming any loss of income as a result e.t.c.

foxtrotoscar_2

cono1717 wrote: »

Yes but not an exuberant amount whilst frustrating and the urge to take them to the cleaners is there you have to be seen to be mitigating your losses. Don't start slapping on £x,xxx for emotional trauma e.t.c itemise everything - time spent claiming any loss of income as a result e.t.c.

exuberant
full of energy, excitement, and cheerfulness.


exorbitant
(of a price or amount charged) unreasonably high.


LOL

cono1717

foxtrotoscar wrote: »

exuberant
full of energy, excitement, and cheerfulness.


exorbitant
(of a price or amount charged) unreasonably high.


LOL

You mean you don't saunter into the small claims court shouting a figure? This is pretty much how I go in:



Also

exuberant
profuse in growth