Taken to court by decorator for non-payment

SavvyMail

Hi MSE’ers

 

Long time no post! I’m reaching out today on behalf of a friend of mine. I’m posting on her behalf in a new thread as she struggles to use the internet and has received conflicting information, so thought if I created a new thread people could help/point her in the right direction – I hope this is OK!

 

Her Story:

 

“I recently hired a decorator to come and re-paint multiple rooms in my house on a time and materials basis (I know, first problem!). I had hired her for 10 days work however issues around her quality of work and time keeping rose almost immediately. After 4 days of work it was so bad (basic rules of painting which even a novice like me knows) I instructed her I did not want her to come back.

 

She (the decorator) made multiple threats however then stated an ‘insurer’ would come round to check her work. I asked for the contact details which she never gave to me, then admitted she had made it up to allow her to complete the work/be paid the full amount. I therefore engaged with a new decorator who charged 20% more but has done a great job. This new decorator stated how poor the previous work was.

 

The first decorator then sent a letter before action, instructing me to pay in full for 10 days work (£1600) or they would take me to court. The work was not up to standards and do not feel I should pay anything, however offered to pay an amount to cover the days worked. 

 

She refused and started court proceedings. I am now at the stage of Court Proceedings, as she has rejected ‘Mediation’

 

A few questions:

1. Does she have to provide detailed proof of her claim to be successful or do I need a robust defence? (I took pictures, new decorator is willing to provide statement etc.)
2. Decorator has stated she might not bother with the mediation as it’s pointless – will this look bad on her in court?
3. If it goes to court, do I actually have to attend or does a judge just review the information and make a judgement? If I do need to attend, can a friend/rep attend with me?
4. Is there any support available for someone in my situation? The only “support” I’ve been given is phone number to provide information on the process

 

Thank you in advance for your help – I am a single mom with a disabled child. This is a lot of money to me and I have never gone through this process before. I am now sick with worry. 

I’ve tried to be brief with my detail above, I am happy to share any information if needed, and I am sure I will come back with more questions!”

 

Thanks everyone

[Deleted User]

You've put yourself in a difficult position by telling her you don't want her to complete the job, as you contracted her for 10 days work.

Can you at least evidence that you gave her the opportunity to put right the problems?

sourcrates

The more evidence of shoddy workmanship you have, the better.

If an impasse is reached, then you may be called to a hearing, yes, however, its not a crown court, the judge will not be robed up, it will normally be the judge, the defendant, the claiment, any solicitors either may have, this will take place in a side office, not an actual court room, so quite informal, not sure if a freind can attend, you would need to ask the court staff beforehand.

tacpot12

She has to provide a reasonably detailed proof of her claim to be successful, but her claim is basically that she as contracted to do 10 days painting, that your friend only allowed her to do 4 days work and did not allow her to rectify any poor work.
Your friend's defence is that the quality of the work was so bad that they didn't consider it possible that the issues could be rectified by their contractor. Your friend will struggle if she doesn't have photos, even if she can get a statement from the contractor who rectified the work. The contractor's statement will have more weight if is can be specific about what technical errors the original contractor made, either with their preparation or with the selection of materials. 

If the original contractor will not use mediation this will look bad on her in court, but will not cause the just to decide against them if they can show that their work was of an acceptable standard, OR that they could have put it right if given the chance. 

They should be able to have a friend attend any hearing - the friend will be a "McKenzie Friend" - you can look this up for more information. 

There isn't really any support as such, although there is sometimes a service available at the court to guide you on the court process, but they can't give any legal advice. These is some useful information on representing yourself in court on a Youtube channel called "Redwood Legal". I believe that they also have an e-book available that might be of interest.  

groovy_chick

I had a very similar situation about 18 years ago - hired a decorator, they were rubbish and when I complained they actually walked off the job and I had to get someone else to finish it.  We went to the small claims court and I have to say it was horrible - I thought I had a good case with photos of the job and the new decorator having to re-do the work that they did, but the judge was not interested in anything I had to say, he carved up the work done (even though it was poor) as a proportion of the original quote and made me pay it to the decorator (a good few hundred pounds), even though I paid someone else to finish the job and take off and re-do wallpapering that they had done.  It really taught me a lesson in how these things are perceived by the courts and I wish I had let them finish the job with no complaints and then amicably asked them to sort any snags at the end of it.

Obviously you can't change the fact that you sacked the decorator before the end of the job now, so all you can do is present the best case to the judge that you can, as humbly as possible, and manage your expectations about how fair their decision might be.

If you can persuade them to go to mediation, I would use it as an opportunity to come to an agreement to pay a token amount.

Good luck x

Galloglass

@groovy_chick is describing the law as it is applied to part work. Expect to have to pay something. If you don’t want to pass it over to a third party (a judge) to decide the matter, then compromise.