Contractor small claims

Frostycornett

Hello

Looking for some advice, apologies if I have posted this in the wrong area, I'm new to mse.
I recently paid for some decorating to be done, the job wasn't complete to standard and the contractor refused to put right what needed doing. He sent me a bill of £1000 he came round we discussed the outstanding issues and the fact to put this right will cost me £300. He refused to complete th work and as such agreed I would deduct the £300. I paid the £700 and he gave me a receipt saying full payment received.
Imagine my surprise today when he sends me a letter demanding payment of the remaining £300 within 7 days or he will be taking me to court.

It turns out to put right his mistakes will cost more than £300 and tbh as he didn't finish the job I don't want to pay him anymore. He won't finish the job as it's taken him too long apparently,

I know I can counter claim for the unfinished job etc but I'm worried sick, I have just lost my job and don't have a proverbial pot to widdle in.
Worst case scenario he threatens me in the letter with bailiffs removing mine and my children's items (we are in Scotland so I know it's differ from England)
Part of me wishes I could scrape together the money do he will go away but I literally have nothing right now. I have written a reply stating I have the receipt stating full payment and money was taken off for jobs not complete.
Any advice appreciated.

Ectophile

You won't get bailiffs until after the court case. Presumably there hasn't even been a court case yet.

If it ever gets that far, you will have the opportunity to put your side of the story - including your receipt. The judge will decide who he or she believes.

docmatt

What was written on his quote/contract

Or was it all he said she said etc...

Frostycornett

As all I have is a receipt, which he's not disputing I paid its my word against his. I really don't know where I will find the money to pay it, hence not having the work completed yet (quotes coming in at £5-600) and being made redundant. It never rains, as the old saying goes.

Thanks for your reply

Frostycornett

There was no contract or quote, in fact his final bill wasn't itemised just his name, my name and that I owe £1000. So yes, all he said she said unfortunately

docmatt

Ok well put it this way 300 quid is nothing. He can go to work tomorrow and earn that in a day.

It's not worth going to the ssc for 300 quid, if he does you simply comply in every way. You'll get your chance to put your side across.

Let's say a thousand to one shot he wins, you can pay £5 a week till the debt is paid. You'll never be forced to pay out in one.

Try not to let it get you down, he may just go away.

Frostycornett

Thanks, I just hate having it hanging over me, especially when he didn't even finish the job. I will send my letter to him and see what he does in the meantime. Thanks for replies

docmatt

Ok keep us posted

Marktheshark

Here is what to do.

Write back stating you welcome the opportunity to have the dispute adjudicated at the local county court.

That you issue him a 14 day letter before county court claim that you will be issuing a counter claim for the full amount of the money you paid him as his work was of unsatisfactory standard required of a trades person.

That the initial contract was to complete the work to a reasonable standard with payment due upon completion of the contract, as the contract was not completed he has no entitlement to the payment made as this was pure good will on your part to rid yourself of his shoddy and unsatisfactory workmanship.

That you should both agree a expert from an independent assessor that is registered as an expert witness with the court service to assess the standard of work and provide an independent expert witness service.
That as is pre-court protocol the evidence you shall be presenting to support the counter claim will be 3 quotations from reputable trades persons to rectify the defective work i order to assess any portion of the good will payment he may believe he has entitlement to.
He should therefore seek immediate legal advice as this letter serves as a letter before action to counter claim any civil proceedings he may issue.


Do not mention his letter is not a compliant letter before claim, keep that under your hat.


Hopefully he will realise you are not going to be pushed around by a cowboy and certainly would not want to face off a court judge and expert witness in to his standard of work.
Send the reply be certified post which is free at any post office.

Frostycornett

Thank you, I will draft a letter tomorrow. he knows I'm a nervous sort of person (we discussed my anxiety problems in relation to his wife's) so he knows the affect his letter will have.. He is also under the impression I am rich (his letter states I have considerable means with which to pay) I wish I knew what he does! That part of his letter did make me laugh

Furts

Frostycornett wrote: »

Thank you, I will draft a letter tomorrow. he knows I'm a nervous sort of person (we discussed my anxiety problems in relation to his wife's) so he knows the affect his letter will have.. He is also under the impression I am rich (his letter states I have considerable means with which to pay) I wish I knew what he does! That part of his letter did make me laugh

To ease your anxiety, it is straightforward to have witnesses. If any friends or family members are aware of your issues, or even if you show them the defective work, or they "pretend" they were aware of the matters at the time then they will be valid people to appear as witnesses to support your case. I doubt your contractor has any witnesses so this approach means you have already out numbered this person. There is strength in numbers!

Also Courts do not like bullies who intimidate people. They like people who play by the rules and believe in fair play. Of course, with this in mind be careful about any of your witnesses who may not tell the truth.