Help with small claim against sole trader

**woody123**

Hi,


I would really appreciate some guidance on a bringing a small claim against a sole trader caravan repairer.

The repairs carried out have been found to be of a poor standard judging by recent damp reports, and inspections by other caravan repairers who have quoted.

First of all, our aim was to get him to agree to repairs, or we would get the caravan repaired by a third party repairer and invoice him the cost. Afterall, a twelve month warranty was provided verbally at the point of collecting the caravan. The repairer still has "twelve month warranties on all repairs" stated on his website.

Due to the high costs of the repairs, and such to the poor quality of materials used the repair is now far more complex and expensive than first thought.

We now would like a full refund of what was paid for the repair so we can continue to progress with repairs with another company. Until the monies from the rogue repairer have been recovered, we do not have the funds to get another repair done

I sent a letter before action on 5th February 2016, giving him until the 20th February in which to respond.
No response has been received.


Below is a copy of the letter sent.


Letter Before Action

Dear Sir

Re: Unsatisfactory Caravan Damp Repair. Invoice No.******

I have still not received any response from you regarding my letters dated 22nd December 2015, and 12th January 2016. These letters explained to you that damp is still present in my Caravan in the areas you carried out repairs. I also explained, that you had ignored my attempts to contact you by telephone after you failed to visit my home on 1st December 2015 as you promised.

I have sent you written evidence of recent damp reports to show the deterioration, and severity of damp that my Caravan has suffered since the repair was carried out by you in May 2015. You also did not seal my Caravan properly which has caused water ingress to affect wallboards and structural framework . I also enclosed written quotations i obtained from other Caravan Repairers to highlight the areas affected by damp, and also to prove that more repairs are needed once again.

I have, once again, enclosed copies of your invoices for the repair dated 12th May 2015, and 20th May 2015. I have also included copies of both damp reports i have had carried out since i first contacted you on 27th November 2015 to inform you of my findings.

I am now requesting that you refund me the £1600.00 i paid to you in May 2015. I have statutory rights under the sale of goods and services act to have expected the repair to be fit for purpose, as described, and of satisfactory quality. On completion of the repair, you provided me with a Twelve month warranty, so by failing to respond to my calls to arrange to inspect your work, you are in breach of contract based on the promise you made.

I made contact with the Consumer Ombudsman in order for them to help with our dispute, but unfortunately you declined for them to intervene.

If i fail to receive a written response and refund of £1600.00 from you by 20th February 2016, I will take legal action through the small claims track, whereby costs and interest will be added.


Yours sincerely***********




So he is in breach of contract of section 13 of the Supply of Goods and Services Act 1982 arising from repair work carried out without the necessary care and skill.


He is also in breach of contract based on the promise he made over a 12 month warranty.


My Particulars of claim are as below


In May 2015, the defendant, Mr ******* ******** of ****** Caravan Repairs
carried out damp repairs on my Bailey Pageant Caravan.

Following recent damp checks and tests, damp has been found to be still present in the areas he carried out repairs.

I seek a full refund for the repairs totalling £1600.00 for breach of contract s13 Supply of Goods and Services Act 1982 arising from repair work completed without the necessary care and skill.

Mr ********* also provided me with a verbal twelve month warranty,
as also stated on his website.

I have made several unsuccessful attempts over the telephone and in writing at contacting Mr ******** since finding problems with the repair.

I sent Mr ******** a letter dated 5th February 2016, giving him until the 20th February to send me a refund, from which I have received no response.





I would appreciate any advice on the particulars of claim, perhaps rewording.

AJXX

Make sure you have it in writing from the "other caravan" repairs that his standard of work was poor.

**woody123**

AJXX wrote: »

Make sure you have it in writing from the "other caravan" repairs that his standard of work was poor.

Yes, I have one in depth report on the repair which is quite shocking the bodge job he has done.


All of the repairers have pretty much stated that all the work needs to be carried out again.


But, in court we would like to get a expert's opinion if granted by the judge.


I'm just really stuck with the particulars of claim, I don't want to harm our chances by a poorly put together case.

hollydays

You need to turn up at court with your evidence. you won't be sent away, the case will be dealt with there and then.
You'll need to pay to get an expert opinion maybe? whatever the definition of an expert opinion is here.

Speak to this organisation ?
http://www.thencc.org.uk/Con_Advice/con_advice.aspx

**woody123**

hollydays wrote: »

You don't need a judge to grant you anything. You need to turn up at court with your evidence. you won't be sent away, the case will be dealt with there and then.
You'll need to pay to get an expert opinion maybe? whatever the definition of an expert opinion is here.

Speak to this organisation ?
http://www.thencc.org.uk/Con_Advice/con_advice.aspx

Thanks but unfortunately the repairer wasn't Ncc registered.

Certainly don't mind paying for an experts opinion, just need my particulars of claim worded correctly for the claims court.

hollydays

No, I was suggesting if you felt your reports weren't done by competent enough companies, that organisation could put you in touch with someone else to do the report.
I

**woody123**

hollydays wrote: »

No, I was suggesting if you felt your reports weren't done by competent enough companies, that organisation could put you in touch with someone else to do the report.
I

Oh right ok. I understand now.


For me to take things further I just need help getting the "particulars of claim" right. After then, I can contact the ncc to get an impartial expert opinion on the caravan repair.


I don't see the repairer responding to the court though if I'm honest.


I was getting help the from the CAG site, but the replies have dried up and I now need to put the small claim in very soon.

naedanger

**woody123** wrote: »

For me to take things further I just need help getting the "particulars of claim" right.

The following may be worth reading:

https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/CJC/Publications/Other+papers/Small+Claims+Guide+for+web+FINAL.pdf

**woody123**

Right, if you can read below, I think I have put down something a little better than I had before.


In May 2015, the defendant, Mr *****
****** of ****** Caravan Repairs carried
out damp repairs on my Bailey Pageant
Caravan.
Following recent damp tests and checks, damp
has been found to be still present in the
areas he carried out repairs.
I find the repairs to be in breach of section
13 of the Supply of Goods and Services Act
1982 due to repair work completed
without the necessary care and skill.
Mr ****** also provided me with a verbal
twelve month warranty, he also states this on
his business website.
I have made several unsuccessful attempts
over the telephone and in writing to contact
Mr ****** since finding problems with the
repair.
I sent Mr ******* a letter dated 5th
February 2016, giving him until the 20th
February to send me a refund, from which I
haven't a received a response.
I am requesting a full refund of £1600.00 so I
can commence with repairs.


Please let me know your thoughts,,,

Marktheshark

Where is the van stored ?
Damp can be residual, they are vented and if stored in damp conditions humidity can be soaked in to the van from the outside.
Have you got the winter covers Baileys come with fitted to the vents ?

**woody123**

Marktheshark wrote: »

Where is the van stored ?
Damp can be residual, they are vented and if stored in damp conditions humidity can be soaked in to the van from the outside.
Have you got the winter covers Baileys come with fitted to the vents ?

The caravan is stored at home and has a cover on.


We recently had a report done on the repair.


We have had 2 damp checks, one just before the cold weather set in and another a few weeks ago.


It was found that the caravan has not been sealed properly by him, and incorrect foam board used.


All of the repair is uneven and the joins have not been taped properly as set out by the manufacturer when built.