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Advice before using small claims track
**woody123**
Posts: 598 Forumite
Hi all,
A bit of background to our case.
My dad had damp repairs to his caravan carried out last May. And following a damp report he had done in December, it now appears damp is still present as the levels are quite high in the areas worked on. On completion of the work we were given a 12 month warranty.
We contacted the repairer, and he failed to show up to inspect the caravan when he promised to. We made several calls to him, and they were mostly ignored, and certainly not returned. We then sent a letter asking him to repair the caravan or we would get it fixed by a third party, and send him the invoice.
Our quotations all suggested that the repair was poor, and that work was once again needed.
He ignored the letter, so he is breach of contract based on the promise he made on the 12 month warranty. Also, the repairs are not of a satisfactory standard.
The rogue repairer has not responded to our LBA, so it looks like it's off to the small claims court we go.
I have a few questions, and am in need of a bit of advice regarding the small claims court.
Is it best to use the "Moneyclaim" online service, or shall we just fill in the N1 form and post it off to the court along with the fee?
We do have lots of supporting documents to add, i.e damp reports, quotes, and previous letters sent to attach, so maybe filling out the N1 form is the way to go, which means we can attach supporting documents to the N1 form . Although it is cheaper online, it would be a lot of work to scan and attach all letters, quotes etc...
We have heard that the rogue repairer, who is a sole trader, is considering closing down the business.
We have always sent 1 letter to the business addressed "Joe Bloggs T/A The Bad caravan company", and also one to his home addressed as "The bad caravan company" c/o Joe Bloggs.
Would it be ok to put both the business and home addresses down when on claim form?
Any advice much appreciated please..
A bit of background to our case.
My dad had damp repairs to his caravan carried out last May. And following a damp report he had done in December, it now appears damp is still present as the levels are quite high in the areas worked on. On completion of the work we were given a 12 month warranty.
We contacted the repairer, and he failed to show up to inspect the caravan when he promised to. We made several calls to him, and they were mostly ignored, and certainly not returned. We then sent a letter asking him to repair the caravan or we would get it fixed by a third party, and send him the invoice.
Our quotations all suggested that the repair was poor, and that work was once again needed.
He ignored the letter, so he is breach of contract based on the promise he made on the 12 month warranty. Also, the repairs are not of a satisfactory standard.
The rogue repairer has not responded to our LBA, so it looks like it's off to the small claims court we go.
I have a few questions, and am in need of a bit of advice regarding the small claims court.
Is it best to use the "Moneyclaim" online service, or shall we just fill in the N1 form and post it off to the court along with the fee?
We do have lots of supporting documents to add, i.e damp reports, quotes, and previous letters sent to attach, so maybe filling out the N1 form is the way to go, which means we can attach supporting documents to the N1 form . Although it is cheaper online, it would be a lot of work to scan and attach all letters, quotes etc...
We have heard that the rogue repairer, who is a sole trader, is considering closing down the business.
We have always sent 1 letter to the business addressed "Joe Bloggs T/A The Bad caravan company", and also one to his home addressed as "The bad caravan company" c/o Joe Bloggs.
Would it be ok to put both the business and home addresses down when on claim form?
Any advice much appreciated please..
0
Comments
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0
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Before using the small claims track, exhaust all other avenues first.You can't get blood out of a stone.
What does the written 12 month warranty actually say?=
Find the traders Achilles heel and exploit it.
Do your online research, or ask others how to do it.0
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