Small claims - counterclaim update

Anna1912

Hi,

I have a building job worth some 5k, it went as wrong as it possibly be.

My property damaged, neighbour's property damaged, I was called a lie.
So my builder claimed against me, I defended and counterclaimed for unspecified amount as I could not qualify my loses at the time and raised Chargeback re goods not fit for purpose.

The chargeback went to Visa Arbitration and they awarded the monies to me.
So now I could actually quantify my loses but as the chargeback went successfull, I'll be reducing the amount I am claiming for.

Do I need to write to judge or raise an amendment or can I simply remove this amount from claim due to it being returned by visa?

Thanks

da_rule

Anna1912 wrote: »

Hi,

I have a building job worth some 5k, it went as wrong as it possibly be.

My property damaged, neighbour's property damaged, I was called a lie.
So my builder claimed against me, I defended and counterclaimed for unspecified amount as I could not qualify my loses at the time and raised Chargeback re goods not fit for purpose.

The chargeback went to Visa Arbitration and they awarded the monies to me.
So now I could actually quantify my loses but as the chargeback went successfull, I'll be reducing the amount I am claiming for.

Do I need to write to judge or raise an amendment or can I simply remove this amount from claim due to it being returned by visa?

Thanks

If your losses have been returned by Visa, what is your loss now?

Anna1912

Cost of emergency repairs, damage rectification for my neighbours's property and mine, the cost of goods removal, storage and disposal as the trader won't pick the goods.

Anna1912

Chargeback returns the monies paid for goods but not damages.

born_again

Anna1912 wrote: »

Cost of emergency repairs, damage rectification for my neighbours's property and mine, the cost of goods removal, storage and disposal as the trader won't pick the goods.

Did insurance not cover these?

KeithP

Be careful.

A chargeback can be challenged by the trader, leading to a possible reversal of the chargeback.

Anna1912

Possibly it would, practically as I am a defendant - I'd rather counterclaim.

da_rule

Has your counterclaim been accepted by the court? What filing fee did you pay?

Anna1912

Yes, the trader did challenge my chargeback and it went to Visa and they lost.

Anna1912

@da_rule, I seem to be unable to tag:(
Yes, I paid £400 I think - saying that I cannot quantify my losses at the time of filing and expecting the losses to be more than 5k.

DCFC79

Anna1912 wrote: »

@da_rule, I seem to be unable to tag:(
Yes, I paid £400 I think - saying that I cannot quantify my losses at the time of filing and expecting the losses to be more than 5k.

What you mean unable to tag ?


You can quote replies so its easier for everyone to see who your replying too.
Have you answered about the insurance ?