Contractor small claims

Frostycornett

Thanks, I just hate the thought of him getting even more money out of me when he didn't do the job we discussed, which I might add he is denying was ever discussed.
I'm in the process of arranging a debt management plan with step change so I suppose if he does get his order this will be added on.

Thank you to everyone for your advice, I think I need to find a backbone and deal with things head on, I a bit of a head in the sand type person.

phil24_7

He will not take you to Court and even if he does he will not win.

A Court will look at the original contract (any evidence of this will be very helpful, even text messages, materials invoices, delivery notes, before/after photos, quotes from other builders from when you were looking for a builder etc) and see what was actually done (many photographs of all the work carried out) and seek to have the original contract carried out (this is not usually done as there is already a breakdown of the relationship), put back to where you started before the contract (not likely unless the whole installation or works carried out are below the standard expected or contracted), or decide what part of the contract should be paid (this is usually done by using the average of 3 quotes to put the work where it should be).

Your builder is trying to use scare tactics and I would put good money on him not proceeding past threatening letters, threatening letters from solicitors or debt collectors and general chest thumping.

Your best bet is to state that you dispute his claim as the contract has not been fulfilled and that as he refused to rectify the poor workmanship that an amount was retained, with his consent, to cover remedial works. As it happens this will not cover the actual cost of the works so should it go to Court you will counter claim for the full cost of these works.

Keep all evidence such as photo's or quotes backed up in as many locations as you feel necessary (hard copy/scanned copy on your computer/copy on a memory stick stored at a friend/relatives house).

Regards
Phil

Le_Kirk

phil24_7 wrote: »

Your best bet is to stimulate that you dispute his claim.........

Well done for your advice Phil and for putting the OP's mind at rest, however just a gentle pointer at a typo. I think you meant stipulate.

phil24_7

Le_Kirk wrote: »

Well done for your advice Phil and for putting the OP's mind at rest, however just a gentle pointer at a typo. I think you meant stipulate.

That's what happens when old fingers try to type like a 20 year old. All changed now!:beer:

Risteard

Furts wrote: »

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.

Pretending and validity surely would be mutually exclusive.

Frostycornett

Thought I would update, sent a letter back as advised by the helpful posters on here. Recieved a second demand which had doubled, ignored it and have heard no more..touch wood I won't. But so stressful so thanks again to those of you who helped

MX5huggy

Thanks for the update, always good to see how things turn out in these cases

phil24_7

Frostycornett wrote: »

Thought I would update, sent a letter back as advised by the helpful posters on here. Recieved a second demand which had doubled, ignored it and have heard no more..touch wood I won't. But so stressful so thanks again to those of you who helped

The fact he doubled it pretty much guarantees he wont take you to Court. The Courts hate behaviour like this as it is threatening and fraudulent.

Keep ALL correspondence in a safe place, and backed up, then carry on with your life and forget about him!

Regards
Phil