Dispute with workman - small claims court questions

aroominyork

Mistral001 said:

aroominyork said:

I'm sure the second hand value would be less than 50%, but as damages it seems a fair opening gambit (and it would have had a new heat pump if not for his negligence). Anyway, hopefully he'll suggest a settlement once he sees I'm serious about pursuing this, though maybe that's crediting him with too much intelligence... 

Your disdain for people with low intelligence will probably not be shared by the judge in court.  

Sorry if I offended you, Mistral...

Claim submitted online today. I'll keep you posted!

Jeepers_Creepers

Thanks for offering to keep us updated - I don't think I've seen an actual case on here work its way through from the start.

I can understand why you said your remark about the handyman - you gave him a clear instruction of what not to do along with the consequences of doing so, and we all know what happened.

As Mistral suggests, tho' - and I'm sure you don't actually need this saying - the process now should be completely factual, succinct, unemotive. Even if/when you need to explain things like how it made you feel when the guy claimed he'd recorded you and made claims of things said that wasn't, again be succinct and factual; don't lean back on flexed knees, wiggle your fingers at the guy and shout "Bring it on, pal!", but state clearly that you did find it shocking (if you did) that he'd do such a thing in my own home, but that you'd have no concerns about him playing these in court as you are confident they will back your account. Ditto with things he made up - state again that you were shocked and disappointed, and it made you realise at that point you'd have to take legal action as he was simply changing his story rather than accepting any responsibility. Let the other guy be the emotive one - it won't serve him well.

missile

I don't understand how D/W was so tight it could not be removed. Was the cupboard installed later? 
I don't understand why you paid him for bodged work?

aroominyork

missile said:

I don't understand how D/W was so tight it could not be removed. Was the cupboard installed later? 

No, the side unit was not installed later - it was there when we bought the house. Luckily we had a very good workman who managed to fit the D/W somehow. Although the gap seems to measure 600mm wide it clearly isn't (quite), so when we bought a replacement D/W a couple of weeks ago we got a 596mm wide model and it slotted in easily. 

missile said:

I don't understand why you paid him for bodged work?

Neither do I !

Jeepers_Creepers

Seems to be a design of W/M that has no purchase holds at all on its front, and certainly no way to get fingers in along its side.

Was there not even a small gap at the bottom where a hooked something could have been slipped under to catch a chassis part near the front and pulled out that way - also easing the D/W up to take weight of its feet? (All in hindsight, of course...)

frogglet

I use Mr Sheen on the floor and sides of  tight fitting appliances.

Jeepers_Creepers

He's a skinny bloke to be sure.

Mistral001

Jeepers_Creepers said:

Thanks for offering to keep us updated - I don't think I've seen an actual case on here work its way through from the start.

I can understand why you said your remark about the handyman - you gave him a clear instruction of what not to do along with the consequences of doing so, and we all know what happened.

As Mistral suggests, tho' - and I'm sure you don't actually need this saying - the process now should be completely factual, succinct, unemotive. Even if/when you need to explain things like how it made you feel when the guy claimed he'd recorded you and made claims of things said that wasn't, again be succinct and factual; don't lean back on flexed knees, wiggle your fingers at the guy and shout "Bring it on, pal!", but state clearly that you did find it shocking (if you did) that he'd do such a thing in my own home, but that you'd have no concerns about him playing these in court as you are confident they will back your account. Ditto with things he made up - state again that you were shocked and disappointed, and it made you realise at that point you'd have to take legal action as he was simply changing his story rather than accepting any responsibility. Let the other guy be the emotive one - it won't serve him well.

Yes be calm.  Your comment about the handyman's intelligence might have been an emotional outburst, but  you must not be emotional or get angry in court.  It is easily done and have lost many people a very winnable case.   As Jeepers_Creepers has said keep to the facts.  Keep all statements submitted to the court to a few short sentences.  Long explanations will not be received well by the judge.  Long explanations often can contain slip-ups or nebulous arguments that the defendant, his legal representatives or the judge will pick up on  to the defendant's benefit.  

Jeepers_Creepers

By all means express clearly that you have been upset by this situation and the guy's response and claim that he'd recorded you - it would be totally reasonable to be so. But don't act upset. 

aroominyork

Thanks all, but don't worry about that one flippant comment. I submitted the claim with concise numbered facts and I don't plan to lose my rag at any stage. Watch this space...