Small claims - counterclaim update

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Anna1912
Anna1912 Posts: 36 Forumite
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in Consumer rights
Hi,

I have a building job worth some 5k, it went as wrong as it possibly be.

My property damaged, neighbour's property damaged, I was called a lie.
So my builder claimed against me, I defended and counterclaimed for unspecified amount as I could not qualify my loses at the time and raised Chargeback re goods not fit for purpose.

The chargeback went to Visa Arbitration and they awarded the monies to me.
So now I could actually quantify my loses but as the chargeback went successfull, I'll be reducing the amount I am claiming for.

Do I need to write to judge or raise an amendment or can I simply remove this amount from claim due to it being returned by visa?

Thanks
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  • da_rule
    da_rule Posts: 3,618 Forumite
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    Anna1912 wrote: »
    Hi,

    I have a building job worth some 5k, it went as wrong as it possibly be.

    My property damaged, neighbour's property damaged, I was called a lie.
    So my builder claimed against me, I defended and counterclaimed for unspecified amount as I could not qualify my loses at the time and raised Chargeback re goods not fit for purpose.

    The chargeback went to Visa Arbitration and they awarded the monies to me.
    So now I could actually quantify my loses but as the chargeback went successfull, I'll be reducing the amount I am claiming for.

    Do I need to write to judge or raise an amendment or can I simply remove this amount from claim due to it being returned by visa?

    Thanks

    If your losses have been returned by Visa, what is your loss now?
  • Anna1912
    Anna1912 Posts: 36 Forumite
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    Cost of emergency repairs, damage rectification for my neighbours's property and mine, the cost of goods removal, storage and disposal as the trader won't pick the goods.
  • Anna1912
    Anna1912 Posts: 36 Forumite
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    Chargeback returns the monies paid for goods but not damages.
  • born_again
    born_again Posts: 14,461 Forumite
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    Anna1912 wrote: »
    Cost of emergency repairs, damage rectification for my neighbours's property and mine, the cost of goods removal, storage and disposal as the trader won't pick the goods.

    Did insurance not cover these?
    Life in the slow lane
  • KeithP
    KeithP Posts: 37,655 Forumite
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    Be careful.

    A chargeback can be challenged by the trader, leading to a possible reversal of the chargeback.
  • Anna1912
    Anna1912 Posts: 36 Forumite
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    Possibly it would, practically as I am a defendant - I'd rather counterclaim.
  • da_rule
    da_rule Posts: 3,618 Forumite
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    Has your counterclaim been accepted by the court? What filing fee did you pay?
  • Anna1912
    Anna1912 Posts: 36 Forumite
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    Yes, the trader did challenge my chargeback and it went to Visa and they lost.
  • Anna1912
    Anna1912 Posts: 36 Forumite
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    @da_rule, I seem to be unable to tag:(
    Yes, I paid £400 I think - saying that I cannot quantify my losses at the time of filing and expecting the losses to be more than 5k.
  • DCFC79
    DCFC79 Posts: 40,598 Forumite
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    Anna1912 wrote: »
    @da_rule, I seem to be unable to tag:(
    Yes, I paid £400 I think - saying that I cannot quantify my losses at the time of filing and expecting the losses to be more than 5k.


    What you mean unable to tag ?


    You can quote replies so its easier for everyone to see who your replying too.
    Have you answered about the insurance ?
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