Totally confused by "Set Off" and when/if it applies when defending a claim?

Tunstallstoven

HI all

I'm currently defending a claim for non-payment.  We had some work done on the house, and we believe it was to a poor standard.  Some of the contracted work was also not completed.  We therefore did not pay the full amount and the trader has taken legal action.  I have submitted my defence.  

I've been doing some further reading on the subject and am trying to get my head around "set-off" and whether it applies in my circumstance.  In the defence, I part admitted and calculated the amount owed by deducting:

- the amount it would take for another trader to undo and redo the work completed poorly
- the amount to rebuy the materials needed
- the amount for a trader to do the uncompleted work
- a small amount for materials taken from the premises that the claimant didn't own.

The left a small balance of c£50, which is why I part admitted.

What I'm confused about is whether the sum I'm defending is literally just that, or whether it is "set-off". 

Any help would be most appreciated.

Many thanks 

Tunstallstoven

A little weekend bump for any legal experts out there who might be about to demystify this for me   

To put the question another way, if the Consumer Rights Act Section 49 applies (not completed with reasonable care and skill), and Section 56 is sought as a remedy (price reduction), does that price reduction still count as set-off?

Many thanks

Equaliser12345

You are doing both. Ideally you would have pleaded the Defence on two points: 1) that the debt isn't owed at all as the works were defective; and 2) even if the debt is due, it will cost £x to put right and therefore the claim is set off by the amount it will cost.

Don't forget you will still need to prove your set-off as if you were making the claim for the cost.

Tunstallstoven

Hi @Equaliser12345

Many thanks for your reply.  I think it is starting to make sense now and I can see that set-off does apply in my case...  I think!

I have done all of the above things you've stated.  I listed and costed what I believe are the amounts needed to re-do the work and to repurchase the materials.  The labour element is based on two quotes. There were also some much smaller amounts for uncompleted work and work not needed, which I have estimated and also deducted.  I've listed it all as clearly as I could.  

What I haven't done is used the actual term set-off in the defence.  If set-off is obviously what I'm pleading, but I've not actually used the term or directly pleaded it, does that matter?  I've read that the Money Claim / Small Claims system is supposed to make it easier for Litigants In Person and understands that people self-representing won't be familiar with the law.  

So do you/does anyone know whether it matters if I haven't directly pleaded set-off?

Thanks again

Equaliser12345

Provided you've used the principle of set-off correctly (and it sounds as though you have), you'll be ok.

Regarding the proof - the point is you will also need to prove that the rectification work is necessary, not just the value of it.