Claim Court Fee

PJDiddy

Hi all

I am considering taking my roofer to court, I have no experience at all in this area so have a quick and possibly dumb question regarding court fees. My original invoice was for £1550, would I have to claim for the whole amount or can I claim for £1500 and reduce the initial fee slightly? (Builder promised to redo all work under guarantee but has failed to even bother).

Thanks

PJDiddy

unholyangel

Can you give us a bit more info? What is it you're claiming for/what was the problem with the services?

If he botched the repair of your roof, usually you would get other quotes from other firms on how much it would cost to fix and claim for that amount (plus any other losses caused by the roofers breach).

The primary purpose of damages is to put you into the same position you would have been in (as near as money can achieve that anyway) had the breach not happened.

You can of course claim less if you wish.

KeithP

Whatever amount you claim, if you win then the court fees get included in the amount the defendant owes.

PJDiddy

Thanks for near instant reply. Moved into house in 2013, during 2014 decided that flat roof needed renewing (some damp in ceiling and a small bubble of water under paintwork during storms). Renewed towards end of 2014 with cost as above but bubble reappeared later in 2015, give his his due builder returned a number of times to try a repair to stop issue. In mid 2016 I went up and boards that were replaced which I expected to last a number of years were clearly water damaged, when I eventually managed to get him round again he said the same and promised to redo the work under his guarantee.

Since then I've tried time and time again to get him to do the work but got a different excuse. I eventually managed to book him later last year but he didn't show and now he refuses to return my calls or answer messages.

Theres been no further damage I'm aware of, suspect any quote I got now would be more than original invoice but would be happy with original monies back or even just him round to do the work, threatening him with court has had no effect so letter before action is next step? Would I stand a chance what with original renewal being in 2014?

unholyangel

You may need a report showing that the issue was down to poor workmanship rather than say severe weather, but in england and wales, you have 6 years to bring a claim based on simple contract - so you won't have issues on that front. Did he enter the contract as a limited business or a sole trader?

As for claiming a refund - imo it will be reliant on how much the works would cost to put right. Normally a court will only award damages on the basis of putting you into the position you would have been in had you not entered the contract if its not possible to award damages on the basis of the contract being completed correctly (which is why I said it was the primary way of awarding damages).

So if it would cost less to put right then that would likely amount to a betterment and theres no entitlement to betterment (although if its an unavoidable consequence of restitution then its not betterment, but only if its unavoidable).

PJDiddy

Thanks for info and sorry for the late reply, I believe he is a limited business. I don't think a simple repair would suffice as the boards are so spongy from the water damage, it's effectively like he'd never been in the first place. I'm guessing I'd need the report beforehand and submit as evidence? Am about to write him an informal letter rather than the usual electronic message before a final formal letter before action to hopefully nudge him into realising I'm not going away before having to go down this road.

arcon5

Well at the moment your case is very weak. You need proof of his poor workmanship and quotes for remedial work. They wont award you a full refund after 4 years based on hot air.

PJDiddy

I know, I was kinda hoping his the various messages from his company saying he'd be round followed by apologies for not doing so might but enough but guessed they wouldn't be. Does the report need to come from someone accredited to a certain body?

steampowered

Technically speaking, you need the permission of the court to use 'expert evidence', and the identity of the expert should usually be agreed with the Defendant (or at least he would be given an opportunity to agree the identity of the expert).

It sounds like there is a reasonable chance you'd get default judgment, or that he may try to avoid enforcement by claiming the limited company has no assets.

If you are comfortable that you can prove to the judge there is a problem with the roof I would just go ahead and start the claim, and sort out the report later if he defends it.

PJDiddy

An update on this. Letter before action sent to which the defendant responded with a letter stating he was striking off the company and a DS01 form. I contacted Companies House who confirmed that no such application to strike off the company had been received. I responded saying it wasn't true and reminded him of the deadline, which has now since passed without reply so have started drafting my claim online.

When I hired him, I assume he was self-employed as the business of the same name was not incorporated until the following year after the work was done so do I name him as a self-employed person or the limited company he started at a later stage (under which he did do repairs later on)? I have no written contract, only an invoice with the date of before the limited company existed so would my contract be with just him? Thanks.

Ectophile

If the contract was agreed before the company even existed, go after the roofer personally. You have more chance of actually getting some money that way.