Help re small claims process please.

Mutabilisrose

Aylesbury_Duck said:

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?

Thank-you. I’m not sure about assets. The total cost of repairs is £3600 for the en suite as they need to rip up the floor. The main bathroom shower is also leaking and will cost £1800. I was just going to claim for en suite as i thought I would have more chance of getting some money back. I have not added any costs for the repair of the ceiling which was ruined by the 4 leaks and when the plumber who came to quote for repairs had to cut a hole to see what was going on. If I were to claim for everything I think it would come to around £6000. I think he is a bit of a slippery customer though as I begged and pleaded with him to come and repair and he didn’t. I think he knew he would have to rip it all up. He just stopped answering my emails (I was never nasty as I don’t think it gets you anywhere). So I figured I would just try and get the en suite bathroom costs back. At least it would be something. Maybe I could claim for the main bathroom at a later date. He has a house and a work van. His company is still registered at the moment.

Ectophile

You need to be very clear whether you paid a company or a person.  Get it wrong, and you will lose your case and have to pay their expenses.  Do you have any invoices or receipts?

Any company invoice or receipt should have:

• The company name.
• The company registered address.
• The company registration number.

If it does, then you paid the company.  If not, then you paid the person.

Mutabilisrose

Ectophile said:

You need to be very clear whether you paid a company or a person.  Get it wrong, and you will lose your case and have to pay their expenses.  Do you have any invoices or receipts?

Any company invoice or receipt should have:

• The company name.
• The company registered address.
• The company registration number.

If it does, then you paid the company.  If not, then you paid the person.

The only thing I have is the original quotes sent by email from plumber 1. The quotes have the original company on. Everything else has been by what’s app messages which I have screen shots of. I have bank statements with the amounts I paid to plumber 2 as he was paid by bank transfer. There was about £400 left to pay but he just ditched the job before finishing after all the leaks. 

This is scaring me I really can’t afford to lose any more money maybe I should just forget it.

fatbelly

It doesn't cost anything to send a letter before action.

sheramber

So the quotes are from plumber 1 but you paid plumber 2?

Mutabilisrose

sheramber said:

So the quotes are from plumber 1 but you paid plumber 2?

Yes that’s right. Plumber 1 gave me the quotes but said his brother in law who was also a plumber with his own company would be able to complete the work.

Mutabilisrose

sheramber said:

So the quotes are from plumber 1 but you paid plumber 2?

Yes as he passed it on to number 2 as it was his brother in law.

Aylesbury_Duck

Sounds like a mess.  Before you proceed with any action, you need to understand exactly who or what you have a contract with, and hold a valid current address for that person or business.

Mutabilisrose

Aylesbury_Duck said:

Sounds like a mess.  Before you proceed with any action, you need to understand exactly who or what you have a contract with, and hold a valid current address for that person or business.

Just had a look at my whats app messages there are 4 invoices from plumber 2 that have his company heading. It’s complicated as plumber 1 started by buying materials for the job and then he was still involved when plumber 2 started as they are related. He was overseeing the job. Then he started his new job and left plumber 2 to it. 

Aylesbury_Duck

Mutabilisrose said:

Aylesbury_Duck said:

Sounds like a mess.  Before you proceed with any action, you need to understand exactly who or what you have a contract with, and hold a valid current address for that person or business.

Just had a look at my whats app messages there are 4 invoices from plumber 2 that have his company heading. It’s complicated as plumber 1 started by buying materials for the job and then he was still involved when plumber 2 started as they are related. He was overseeing the job. Then he started his new job and left plumber 2 to it. 

Definite  Sounds like it's this entity you should be dealing with, then.  I don't think the materials are relevant here, it's the workmanship that appears to be at fault.