Do it myself or use legal cover on home insurance for "small claims" process in Scotland

theshelfsaga

I have an issue with a handyman who put up a large heavy shelf in our house which resulted in catastrophic failure due to inadequate fixings. Costs to repair and replace damage items should be less than £1000.

I think I have a reasonable chance of winning my case in the "small claims" court (in Scotland) as there is good evidence that the fixings were not suitable and the handyman has behaved unreasonably by refusing to make an amicable settlement, blocking communication channels & returning my signed for letters unread, and attempting to bully and threaten me into dropping the claim.

I have legal cover with my house insurance (Direct Line) and they have been advising me on my letters before action so far. We are at the stage now when they have referred me to their legal panel to determine whether or not to represent me which I understand is if there is >50% chance of winning the case.

However going through all the legal terms and conditions it seems that the cost to my insurers will be way more than anything I hope to get back and so they might decide to just pay me the money I am claiming. Also once I sign over to the legal team it seems that I can't back out without then becoming liable for all the costs.

Has anyone had experience of small claims with/without legal assistance? I actually want to take this guy to court, it's more about accountability than the money for me and I am prepared to lose. So maybe I am better off going it alone. Particularly as the initial letter from the representing solicitor was full of spelling mistakes and other inaccuracies!

Aylesbury_Duck

First thing I'd do is take a step back and ask yourself honestly which is more important, getting roughly £1,000 back to cover your losses, or gambling to try and secure that sum and a moral victory with the risk that if you lose, you won't get your losses covered and might incur legal costs.  It shouldn't be an emotionally driven decision.  From an outside perspective, I think you'd be mad to gamble.

Is there another way you can scratch the revenge itch?  A factually accurate review of his services, for example?

DullGreyGuy

theshelfsaga said:

I have an issue with a handyman who put up a large heavy shelf in our house which resulted in catastrophic failure due to inadequate fixings. Costs to repair and replace damage items should be less than £1000.

I think I have a reasonable chance of winning my case in the "small claims" court (in Scotland) as there is good evidence that the fixings were not suitable and the handyman has behaved unreasonably by refusing to make an amicable settlement, blocking communication channels & returning my signed for letters unread, and attempting to bully and threaten me into dropping the claim.

I have legal cover with my house insurance (Direct Line) and they have been advising me on my letters before action so far. We are at the stage now when they have referred me to their legal panel to determine whether or not to represent me which I understand is if there is >50% chance of winning the case.

However going through all the legal terms and conditions it seems that the cost to my insurers will be way more than anything I hope to get back and so they might decide to just pay me the money I am claiming. Also once I sign over to the legal team it seems that I can't back out without then becoming liable for all the costs.

Has anyone had experience of small claims with/without legal assistance? I actually want to take this guy to court, it's more about accountability than the money for me and I am prepared to lose. So maybe I am better off going it alone. Particularly as the initial letter from the representing solicitor was full of spelling mistakes and other inaccuracies!

For a start, dont send "signed for" letters. Send a letter by regular post and get a Certificate of Posting from the postoffice (they're free). The law states that it's considered delivered on the 2nd working day after unless the recipient can prove otherwise whereas they can legitimately state they never received your "signed for" letter. 

I decided to proceed without solicitors in my case against John Lewis, though I had discussed the matter with my LE cover before. 

For them to act the cost must be proportionate to the damages being claimed and you must have a 51% or greater chances of winning. With my prior attempt to use the LE cover they required me to fund a £300 engineers report prior to them deciding if they would take the case or not. Hence in part why I went solo on my second issue. 

It would be unusual for them to decide to just pay you, they'd more likely decline under the basis of the costs are not proportional. 

born_again

Do you believe that the person has the funds to pay you?

 Costs to repair and replace damage items should be less than £1000.

You need to work out exactly what you are claiming.

theshelfsaga

Thanks. They definitely have the funds to pay me. I will be able to evidence the exact costs of fixing/replacing things and I have written comments from other traders stating that the original installation was inadequate. I don't want to go down the public revenge route unless I have to. He has already been reported to Trading Standards by Consumer Advice Scotland. I don't think he'll be getting lawyers involved as I don't think he has even informed his insurance. It's really whether I go it alone or let my insurance handle it.

Great tip about the signed for letters. Also I have found that sending something recorded delivery can work as the postie will sign for it if they are out. I don't need to communicate further with him, I guess it's up to him to refuse official mail from the court if he wishes, which I imagine wouldn't go in his favour!

DullGreyGuy

theshelfsaga said:

Great tip about the signed for letters. Also I have found that sending something recorded delivery can work as the postie will sign for it if they are out. I don't need to communicate further with him, I guess it's up to him to refuse official mail from the court if he wishes, which I imagine wouldn't go in his favour!

"Signed for" is the new name for "recorded delivery" in consumer Royal Mail. Posties are not supposed to be signing for them since the covid rules were relaxed and even then they were only supposed to sign if handing it over not if no one answers. 

born_again

I found that out the other day when ordered a new phone from Amazon. Came via RM & I had to sign... Like a step back in time signing for items 🤣

I wonder if it is a letter that will go through letterbox, that they can sign?

theshelfsaga

My mistake, it was a "special delivery" letter that got refused. "signed for" ones have got through with what I am assuming was the postie's signature. I have had signed for letters posted through my letterbox, signed by the postie, even when I was actually in!