Small Claims against me for non payment for shoddy work

SkiddleSkaddle

Hello all,
Long story short - insured contractor comes in to do work 18th August. Poor workmanship and cosmetic damage throughout our home. Insurance claim put to them 20th August. Invoice received from contractor 9th September, we told them no payment is forthcoming until the damage is rectified. We've emailed them numerous times since trying to resolve the issue with either no response or robbed off. 11th November small claims notification is received.

Discuss 😁

Aylesbury_Duck

What's there to discuss?  I assume you're contesting the claim, so just complete the requisite forms and let the court decide.

tacpot12

You should counter-claim for the damage, and the cost to put right the poor standard of workmanship. Get photos and invoices from the contractors who put right the work and fixed the damage. 

happypie

I have gone through similar process. If you have any plans to do counter claim then appoint a RICS surveyor who can prepare a report now before you fix anything - otherwise you won't be able to prove damages - court won't trust new builder/contractor as it will be your man. Surveys are expensive, you will also need to pay court fee for counter claim so add that too and see if damages are worth that much.

Were_Doomed

Read the NEWBIES FAQ thread in the Parking board ... there's a section there about defending a court claim and it'll tell you what you need to do, and by when. (Yes, that thread is about private parking charges, but the small claims court process is exactly the same).

Look at the date on the claim form ... acknowledge the claim between 5 and 14 days after that date, and file your defence within 30 days (ish) of that date.

ToxicWomble

2 months is very very quick in this climate to get a small claims court date.

They invoiced you on 9th Sep and received a small claims notification 11th Nov - - that’s doesn’t sound like near enough time

Is it just a LBA that you have received ?