County Court claim form from builder

stingrayjjj

Have received a county court claim from a builder I used to renovate a London flat. I have to respond in next couple days. He was basically a nightmare to deal with, went completely awol in middle of project, started structural work in wrong part of property because he didn't/wouldn't consult the structural engineers' plan. We were forced to live in the spare room for 2 months while he was awol. he alleged that he then carried out extra work (but this was due to his own ineptitude). Some of the work carried out was shoddy and I have pics to prove it.  Can anyone advise where I start in contesting this, good forums to consult  ? thanks Joanne  

JJ_Egan

What is he claiming for ??

stingrayjjj

basically 'extras' which he's inflated and some of which he did because he failed to consult plans. We've since had to fork out to fix his poor work.

Browntoa

Just collate your evidence in a concise form with pictures for the judge. 

Copy of the plans , highlight wrong area where works carried out.

Copies of invoices for remedial work , get written evidence from other builders if possible

hollydays

So when he left your premesis what was the conversation you finallly had?

steampowered

As a formal court process has been started, it is crucial that you comply with the court processes to the letter. Just having evidence is not enough. If you miss the deadlines you will get a CCJ against you by default - so your #1 priority right now is not to miss the deadlines.

The first thing you need to do is file a formal "acknowledgement of service" to give you more time to file a Defence.

You then need to serve a Defence clearly articulating the basis on which you are defending the claim.

I would also suggest that you take an opportunity to file a counterclaim against the builder for the cost of correcting the shoddy work. You need to do this at the same time as filing your Defence.

You will find people who are very knowledgeable about court processes on the CAG forum (www.consumeractiongroup.co.uk).

steampowered

Browntoa said:

Copies of invoices for remedial work , get written evidence from other builders if possible

Evidence of this nature is generally not admissible and won't be looked at by the judge, even in small claims.

If you want to use expert evidence (e.g. evidence from builders) in court, you have to follow the correct process, which usually involves asking the other side to agree a single joint builder to write a report, and if they don't agree then getting court permission for you to appoint that person. 

Another thing for the Op to think about is whether this is necessary in her case to prove that the work is shoddy or whether the photos tell enough of a story already.