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Small claims...
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I think I may try cono1717's approach. I like that!
:T0 -
How much do I claim.
The Answer is All of it.
The contract is incomplete and make it clear they can either finish the job, or remove the materials AFTER they refund the money.
Two options, the contract was for one new kitchen, not half or three quarters.
It's all or nothing.I do Contracts, all day every day.0 -
Get quotes from other contractors to complete the work and fulfil the contract he hasn't - that is your loss.0
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arcon5 "Get quotes from other contractors to complete the work and fulfil the contract he hasn't - that is your loss."
I don't understand the "that is your loss" part. Are you saying I have to pay someone to finish the job they started and they don't?0 -
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: "!!!!!!?"
Hahaha! Thanks! Sadly, I didn't even get to the: Them "Ok, how much" part ...
Now I've been advised to claim for the whole amount. Just wondered if legally I had to put this in yet another LBA, Obviously I will put the figure in court filing.0 -
KitchenNightmare wrote: »arcon5 "Get quotes from other contractors to complete the work and fulfil the contract he hasn't - that is your loss."
I don't understand the "that is your loss" part. Are you saying I have to pay someone to finish the job they started and they don't?
What he means is you get a few quotes from companies on what they will charge to complete the job that you contracted the original company for. This is your losses incurred due to the original company breaching the contract so this is the amount you can claim.
I'd forget about claiming the whole amount you paid them (unless this is what it will actually cost to have it completed) else you'll have a hard time showing you tried to mitigate your loss when you've essentially done the opposite.You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0 -
KitchenNightmare wrote: »Hahaha! Thanks! Sadly, I didn't even get to the: Them "Ok, how much" part ...
Now I've been advised to claim for the whole amount. Just wondered if legally I had to put this in yet another LBA, Obviously I will put the figure in court filing.
I believe you've already been advised that a letter before action should contain certain information. However, here it is again from justice.gov.ukSteps before issuing a claim at court
6. Where there is a relevant pre-action protocol, the parties should comply with that protocol before commencing proceedings. Where there is no relevant pre-action protocol, the parties should exchange correspondence and information to comply with the objectives in paragraph 3, bearing in mind that compliance should be proportionate. The steps will usually include—
(a) the claimant writing to the defendant with concise details of the claim. The letter should include the basis on which the claim is made, a summary of the facts, what the claimant wants from the defendant, and if money, how the amount is calculated;
https://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conductYou keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride0
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