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Small court case against lanscaper

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  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    If you paid £4300 then that's what you claim as it's the lowest amount. That will put you back in the position you were before this happened 
  • SteveVy
    SteveVy Posts: 118 Forumite
    Fourth Anniversary 10 Posts
    waamo said:
    SteveVy said:
    Be aware whilst everyone here is saying you don't need a solicitor you might in fact need one if he has one.
    I've recently taken someone to a small claims court and had no choice but to pay for a solicitor as the defendant had one who made several claims I could not respond to due to the technical language used and also numerous letters referring to court proceedings.
    Be aware it cost me £3,000 in solicitor fees and this was with a 50% discount on all work they did for me
    You should have asked on here. You may well have been able to do it yourself with help. £3k on a lawyer will mean you don't get a lot back. Claims under £10k really shouldn't need one and the process is designed so that they are discouraged.

    Unfortunately there was no way I would of been able to do it all myself. There were several queries such as why I had put the name of the claim in the companies name and not the claimants name. The solicitors the defendant had were a global law firm so they knew how to write letters laced with legal terms that I didn't understand.

    For my claim I did 90% of the work myself, writing all the letters and then getting my solicitor to add the correct laws and legal terms.
  • lincroft1710
    lincroft1710 Posts: 18,931 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    szczszcz said:
    So you tried to do it on the cheap by doing a cash job and are now not happy with the outcome.
    If others quote £5k and he was paid £2k (you don’t say how much you paid him) - it could be argued that you got what you paid for.
    Good luck
    you can't really argue that as we paid 4300 so it not a that much of a difference. Quotes to fix it are in a region of 4500-4800. I still cant see how a professional landscaper could do a job against the instructions from the supplier. I wouldn't say a word if I got somebody to do the job without any experience and paid him 2K but if you are taking a trader who assures you he has been in the business for 12 years, paid him that much money ....just not right
    Many rogue traders have been in business for years, they often close one company, open up another, close that one, open up .....etc. Or have no tangible assets, house rented or in wife's name, vehicles on lease or finance. 
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
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