Help re small claims process please.

Mutabilisrose

Hi I need help regarding who I need to pursue re a small claims and some aspects of the process. I had my main bathroom and en-suite replaced at a cost of £20000.  During and after we had 4 leaks. I have a quote to replace the wet room floor and repair of £3600

My 1st question is who to make a claim against, the original plumber (self employed) got a job prior to starting any work and passed us to his brother in law who was also a plumber and completed the work. Do I claim against both original plumber and his brother in law, the plumber himself by name or the plumbing firm which just consists of the 2nd plumber.

2nd I have been told that I need to send him a letter telling him I’m going to claim prior to filing is this correct.

3rd If he knows I’m claiming can he wind up his company?

HillStreetBlues

Mutabilisrose said:

Hi I need help regarding who I need to pursue re a small claims and some aspects of the process. I had my main bathroom and en-suite replaced at a cost of £20000.  During and after we had 4 leaks. I have a quote to replace the wet room floor and repair of £3600

My 1st question is who to make a claim against, the original plumber (self employed) got a job prior to starting any work and passed us to his brother in law who was also a plumber and completed the work. Do I claim against both original plumber and his brother in law, the plumber himself by name or the plumbing firm which just consists of the 2nd plumber.

2nd I have been told that I need to send him a letter telling him I’m going to claim prior to filing is this correct.

3rd If he knows I’m claiming can he wind up his company?

What method of payment did you use?

Mutabilisrose

HillStreetBlues said:

Mutabilisrose said:

Hi I need help regarding who I need to pursue re a small claims and some aspects of the process. I had my main bathroom and en-suite replaced at a cost of £20000.  During and after we had 4 leaks. I have a quote to replace the wet room floor and repair of £3600

My 1st question is who to make a claim against, the original plumber (self employed) got a job prior to starting any work and passed us to his brother in law who was also a plumber and completed the work. Do I claim against both original plumber and his brother in law, the plumber himself by name or the plumbing firm which just consists of the 2nd plumber.

2nd I have been told that I need to send him a letter telling him I’m going to claim prior to filing is this correct.

3rd If he knows I’m claiming can he wind up his company?

What method of payment did you use?

Bank transfer sadly.

HillStreetBlues

What paperwork did you get?
If you have a contract with plumber number one and plumber one sub-contracted it out to plumber two, then it's plumber one you go after.

Mutabilisrose

HillStreetBlues said:

What paperwork did you get?
If you have a contract with plumber number one and plumber one sub-contracted it out to plumber two, then it's plumber one you go after.

The original quote via email was from plumber 1, but he wound up his company and went to work for a large firm.

Mutabilisrose

Mutabilisrose said:

HillStreetBlues said:

What paperwork did you get?
If you have a contract with plumber number one and plumber one sub-contracted it out to plumber two, then it's plumber one you go after.

The original quote via email was from plumber 1, but he wound up his company and went to work for a large firm.

Would it be better to claim from original plumber who will then have to sue plumber 2, even though plumber 1 didn’t complete any of the work?

voluted

Mutabilisrose said:

Mutabilisrose said:

HillStreetBlues said:

What paperwork did you get?
If you have a contract with plumber number one and plumber one sub-contracted it out to plumber two, then it's plumber one you go after.

The original quote via email was from plumber 1, but he wound up his company and went to work for a large firm.

Would it be better to claim from original plumber who will then have to sue plumber 2, even though plumber 1 didn’t complete any of the work?

You claim against whoever you have a contract with.

On the face of it 1 referred you to 2 who you then entered into a contract with and paid them for their work. So unless you have paperwork that indicates otherwise, you need to name 2 in the court documents.

Mutabilisrose

voluted said:

Mutabilisrose said:

Mutabilisrose said:

HillStreetBlues said:

What paperwork did you get?
If you have a contract with plumber number one and plumber one sub-contracted it out to plumber two, then it's plumber one you go after.

The original quote via email was from plumber 1, but he wound up his company and went to work for a large firm.

Would it be better to claim from original plumber who will then have to sue plumber 2, even though plumber 1 didn’t complete any of the work?

You claim against whoever you have a contract with.

On the face of it 1 referred you to 2 who you then entered into a contract with and paid them for their work. So unless you have paperwork that indicates otherwise, you need to name 2 in the court documents.

Thank-you Oh so claim against both. Do I need to send a letter to both of them informing them I am putting in a claim?

voluted

Mutabilisrose said:

voluted said:

Mutabilisrose said:

Mutabilisrose said:

HillStreetBlues said:

What paperwork did you get?
If you have a contract with plumber number one and plumber one sub-contracted it out to plumber two, then it's plumber one you go after.

The original quote via email was from plumber 1, but he wound up his company and went to work for a large firm.

Would it be better to claim from original plumber who will then have to sue plumber 2, even though plumber 1 didn’t complete any of the work?

You claim against whoever you have a contract with.

On the face of it 1 referred you to 2 who you then entered into a contract with and paid them for their work. So unless you have paperwork that indicates otherwise, you need to name 2 in the court documents.

Thank-you Oh so claim against both. Do I need to send a letter to both of them informing them I am putting in a claim?

I never said to claim against both. I used 1 to refer to plumber number 1 and 2 to refer to plumber number 2.  You need to name plumber number 2 unless you have paperwork that indicates the contract is with plumber number 1.

Mutabilisrose

voluted said:

Mutabilisrose said:

voluted said:

Mutabilisrose said:

Mutabilisrose said:

HillStreetBlues said:

What paperwork did you get?
If you have a contract with plumber number one and plumber one sub-contracted it out to plumber two, then it's plumber one you go after.

The original quote via email was from plumber 1, but he wound up his company and went to work for a large firm.

Would it be better to claim from original plumber who will then have to sue plumber 2, even though plumber 1 didn’t complete any of the work?

You claim against whoever you have a contract with.

On the face of it 1 referred you to 2 who you then entered into a contract with and paid them for their work. So unless you have paperwork that indicates otherwise, you need to name 2 in the court documents.

Thank-you Oh so claim against both. Do I need to send a letter to both of them informing them I am putting in a claim?

I never said to claim against both. I used 1 to refer to plumber number 1 and 2 to refer to plumber number 2.  You need to name plumber number 2 unless you have paperwork that indicates the contract is with plumber number 1.

Thank-you. My mistake. I didn’t read it properly. Do you know if I need to send him a letter prior to filing?

Aylesbury_Duck

Yes, you should.  Your letter needs to set out what resolution you're seeking and give him at least 14 days to provide it or you will commence legal action.  No need to send it recorded delivery, just get free proof of postage.

Are you confident he has the assets to pay you if you're successful?