Dispute with workman - small claims court questions

aroominyork

I promised an update so here it is. 

I claimed via Online Civil Money Claims, he asked for a 14 day extension and replied today, rebutting all my claims. He says:

 - I was informed on his first visit that until fully inspected the side cabinet might not be able to be removed and the machine may have to be removed from the front. Curiously, there is no mention of the recording he previously claims that he made, which would prove this is a total lie.

- The warranty company gave me false information ("The Warranty company as most insurance companies will do, find any reason to get out of fitting parts where possible") and I should have got back in touch with them, accused them of giving me false information and  told them to come back and fit the part. He says I should be should be making a claim against the insurance company for giving me false information.

- That it was all a ploy on my part to buy a new machine, and in any case I should not have replaced it with a new one but with a refurbished one which he could have obtained.

- And then there is all the stuff about him having an impeccable reputation and never having dealt with a customer like me in all his years of trading.

The claim is just under £500 so he is willing to go to mediation (done by phone) which the gov.uk site says resolves 60% of claims. I think I'll go with that - the courts have better things to do than hear minor cases like this - but does anyone have any useful experience of the mediation service?

Jeepers_Creepers

I've had experience of a face-to-face mediation meeting with an anti-social neighb a couple of decades ago. It's amazing how sensible they become when what they're saying is being witnessed. I brought to that meeting a list of all the incidents, dates and times, comments that were made and exchanged between us, and the manner in which they were done. As it happened, I didn't really have to refer to it much - it was all largely about 'moving on' and what we could both agree to.

Get your story sorted fully but as briefly as you can make each point. Have dates and times for each important incident and conversation. Mention that you noted down a summary of each conversation shortly after they happened as you realised he was starting to distort the truth, and you thought it would be important to keep as accurate an account as possible in case it escalated. "It was in a telephone conversation on the 16th of Aug at around 4pm that he claimed he had made recordings of our conversations in my home...." 

Make a list of all the fibs he has told - his claim he made recordings, his claims of things you did or did not say - and be ready to present them in as much verbatim detail as possible; your version will smack of truth.

Don't over-egg - just be frank, truthful, calm, unemotive. Counter any falsehoods firmly and concisely and leave any excitability and flip-flopping to him.

Him making scurrilous accusations that he simply cannot back up with any evidence  - 'this was a ploy by you...' etc - will not serve him well at all. Just rebuff them assertively; "That is completely untrue. There is nothing I have said or done at any time that could have led him to think otherwise. It was always my intention to have the machine repaired, hence me calling for a warranty repair. Following what I was told by the warranty company, I took particular care to warn the twit of the damage that could be caused by pulling on the door, and said this to him on his first visit. I repeated this warning when I left him to the job and went to make a cuppa..." (if that's true...)

Just calm, factual, unemotive.

Jeepers_Creepers

Just to add - come prepared, but don't actually expect to have to use 90% of the info.

The mediator will want to cut to the chase - what happened, and why. Ie - who's liable.

You'll both be given a chance to give your account - I suspect you first. Just relate the facts as they unfolded. State what you told the guy, and what then happened. Finish by telling the med that the issue escalated with some accusations made which are untrue - and that you kept a detailed record of all incidents and comments which you have to hand and can refer to if necessary.

Be guided by the med. Take notes when the other guy is talking, so you can rebuff things if needed.

Have your rebuttals ready should the guy start making his daft claims, but let him do it first.

aroominyork

How far will the mediator give his/her views and try to guide the two parties towards what s/he feels is a fair outcome? 

shinytop

aroominyork said:

How far will the mediator give his/her views and try to guide the two parties towards what s/he feels is a fair outcome? 

I've had recent experience of mediation. A mediator should not give their views. Their job is to listen and try and try and get you two to agree. If you say £X and he says £Y they might suggest £Z.  If they are any good they will not be interested in accusations and a detailed discussion about who said what when; they will want to look forward, not back. The mediator (as the name suggests) will probably have a target of a 50-50 split in mind.  If the other guy is prepared to go to mediation he's probably prepared (and thinks he will have to) to cough up something.  Good luck 

Jeepers_Creepers

As Shiny says.

Don't get hung up on the ultimate 'fairness' of the content or process arriving at the decision or the lead up to it - just look at the practical outcome. The fact that the handyman is a fibber as well as a twit will be sadly largely irrelevant - I doubt you'll get any satisfaction from any of that, almost certainly no contrition, and the med won't want to dwell or pursue these issues either. In a few weeks this will be history - in a few months, forgotten. You won't ever have to see this twit again.

Come prepared, but be prepared to not use 90+% of your preparedness :-)

aroominyork

The mediation was this morning. He offered £25. What a complete waste of everyone's time (including the mediator) so unfortunately we will now waste the court's time whenever this is heard later in the year.

robatwork

aroominyork said:

The mediation was this morning. He offered £25. What a complete waste of everyone's time (including the mediator) so unfortunately we will now waste the court's time whenever this is heard later in the year.

What a clown. What format did the mediation take - phone conference?

Jeepers_Creepers

Did you get any feedback from the mediator? Was he/she of the impression that the offer was ridiculous?

Did this process reaffirm your belief that you have a good case?

aroominyork

robatwork said:

aroominyork said:

The mediation was this morning. He offered £25. What a complete waste of everyone's time (including the mediator) so unfortunately we will now waste the court's time whenever this is heard later in the year.

What a clown. What format did the mediation take - phone conference?

Yes, phone. He spoke with us individually. He rang me, then him, then me, then him, then me.

Jeepers_Creepers said:

Did you get any feedback from the mediator? Was he/she of the impression that the offer was ridiculous?

Did this process reaffirm your belief that you have a good case?

The mediator remained friendly but neutral. He had no advance info of what the case was about - didn't even know it was about a dishwasher!

Yes, it reaffirmed by belief that my case is strong - the mediator told me the other guy's defence including that I should claim against the warranty company. But if it goes to court there is one thing I think I need to take with me: independent evidence that low voltage dishwasher wiring should not be soldered or have wiring connectors used. Any ideas how I could obtain this?