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Sub Contractor Claimform - But i paid main Contractor Already!!


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Hi i am new to this forum and i have big issue please some one help.

 

i have structure issue in my house

have instructed builder to do some work.

 

 

Builder has quoted me £5000 for full work which include reinstall steel beam, new flooring, electricity and bathroom work.

thought its a good deal

entered into agreement with him and he started work.

 

 

one month later when work was still continuing i found out the builder did not install the load bearing beam not correctly

i had vibration in my bed room wall on first floor.

Now the builder is refusing to look into this matter in more depth and has left without finalising the work.

 

After few days later we had another person at the door asking for money

i asked him who is it

he said his company did electric work in the house .

 

 

problem is that we did not instruct this company

he was sub contractor from main builder.

main builder did not pay him money for work he carried out.

 

this sub contractor send court letter to our address on builder name and asking for more money which i forwarded to builder and he defended the case.

 

sub contractor starts coming to my house and threatning me for money.

I told him i am not person, he did not listen me.

 

 

He visited house when my wife was alone

he threatened her saying he will walk in the house and do wrong to her

told her he will visit same evening and will kill me.

we immediately went to police and report.

 

same day evening sub contractor came to house and start kicking on the door

we called police and they caught him in action.

But i belive he release in few hours.

 

After few days later i received money claim letter for £13k from sub contractor saying i am main person

i have used main builder name to do these things which is not true.

 

I dont know what to do

i try to contact main builder

but he left country and not returning.

 

 

He sent me a contract letter between him and sub contractor

that letter was signed by main builder.

He also sent me email confirming i am not responsible to pay him.

 

I dont know how can i prove myself in court as i am not the person

 

 

what evidence i have to take with me to rely on

so judge can see that sub contractor doing wrong things.

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does the claimform have your name as the defendant

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes it has only my name on it.

 

he made one claim against main builder

he has no chance to recover money his case was struck out

 

now he has submit another claim against my name saying i am builder and i have instructed him which is not true

 

I believe he did registry search and find my name which he is using in claim form

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you will have to defend but he stands no chance of winning a claim as his agreement was with the contractor you hired so you are not party to any deal he struck with them.

 

I feel sorry for the subbie but it is his own problem and he hasnt done himself any favours by threatening you and your family.

 

 

DO you have a crime number from the police regarding this incident?

 

 

If not you had better ask them for one as you will need it as part of your defence

( proof he knew that the builder was at your address and that you didnt employ him)

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Thank you so much for quick response.

 

I have received today direction questionnaire and all parties has to submit documents by 25/09/17.

Claim now allocate to small court claims.

 

I have following documents to present my self.

 

1) contract letter with main builder

2) payment receipt

3) Email from contractor confirming i am not responsible to make payment

4) text messages work not done according to plan

5) pictures of work

6) Claimant previously made claim against main builder for money

 

My all worries is he is claiming i have instructed him and i am main builder.

 

main builder name was mr ..... and he is claiming i am the same named person and i have told his people that i am mr .....

But, its not truth as i never said any such things like that.

 

I always told them to speak with main builder regarding any issue.

 

I only told them if work was not done correctly and give them plan what need to be done.

 

I am really confused how i can prove everything in court that i did not instruct him.

 

Yes i have crime ref no and police record details that he was caught in action when damaging and threatening me and my family.

 

Thanks

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It is important that you follow the correct procedure

 

 

with this in mind do not try to explain the detail of the relationship between the plaintiff ( the subby electrician ) and the builder in your short defence.

 

 

It is enough to say that you employed and paid a builder to do some works and the plaintiff was employed by the builder.

You have no contractual relationship with the electrician therfore there is no cause for action against you by the plaintiff.

 

 

It is not for you to prove a negative, it is for the plaintiff/claimant to prove that he has a "cause for action" against you and he wont be able to.

 

 

The fact he was working on your house is irrelevant,

you didnt ring him up and say "come round and rewire my house,

I will pay you separately to the other building works".

 

 

A printout of your phone records will show that this didnt happen and you should ask to see for his phone records for the relevant time to show that he communicated with you as he claims

( we know that he has got the wrong person so jusr seeing the wrong phone number will be enough to show that you had no direct contact).

 

If the matter then progresses to an actual hearing you will be told to write a witness statement and exchange documents with the other party.

 

 

This is when you provide all of the detail and copies of the emails etc that is when the crime refernce will also be useful.

I suspect that when you acknowledge the claim and submit the outline defence he may well realise that he is chasing the wrong person and thet he would be better off dropping the claim.

 

 

However, anyone who shows a propensity to violence wont necessarily see sense but you can also claim your costs as his behaviour is unreasonable from the outset.

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so you've already filed your defence and filled out the N180 if its at the witness statement stage?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi everyone

 

Thank you so much for your support.

Yes I have received n180 form and letter saying all parties has to exchange all supporting documents by 25/09/17.

 

I am only worried he is claiming on form that I told him and his staff that I'm main Builder

 

he try to prove in court I have made contract with his.

That's my main worries

. I don't know how to defend in front of judge this matter.

 

Because I live in house and most of the time his people see me rather main Builder.

And they are aware that I am not the person but they all lying at the moment.

 

So, if any idea I can prove to judge.

Thanks

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Have you received his bundle (witness statement+exhibits) yet?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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No i did not received anything from his side. I just received letter from court today morning.

 

I have spoken with one of person he says apply for struck out as he has no legal ground to stand and basically he made claim against main builder and when he disputed he start claiming me which is misuse of court procedure.

 

Im not sure is that true or not and how much fee it get involved and chance of strike out ..

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Leave that to the judge to do

 

Did you send the n180 back??

So you've a witness statement to do by Monday

What defence did you file?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

What defence did you file?

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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I filled truth what happened.

 

Basically, i told in defence i did not instruct this person. Main builder instructed him. We never met and never had any conversation i did not make any payment from my credit or debit card.

 

I never used my name to make any bookings work with him.

 

I also told in defence when i was at work and he came to house threaten her and we complain to police and they caught him on same day in action when he broke our front door

 

what he is claiming is he has a phone call recorded and some one on other side sound like me so he is sure that i made phone call but i never did

 

I cant stop thinking of this i havent told my wife yet as she really get worried as we do not have that much money to pay him if we loose. Basically, i took out bank loan to do house work and pay most of the money to main builder in cash

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We need a copy of your defence here please minus person details

 

You must return that n180 now else you'll lose by default!!

 

Yes to mediation

1 wit you

The rest is obv

 

Copy to his solicitor s

 

Scan up to PDF this letter that's says 25 the

Read upload link

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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GHi,

 

Yes i will retrurn n180 on tuesday with all relevant documents to court. I have all papers ready with witness statement.

 

I copied Defence statement below.

 

First I never known or used name as Mr ABC (Main Builder name) or we never

instructed XYZ COMPANY (SUB CONTRACTOR) as to do work in our

house.

 

We have builder in house to do some work it was involve

structure work. And i assume they have instructed sub contractor

XYZ COMPANY( SUB CONTRACTOR).

 

I have spoken with number of time with Mr XYZ

and inform him he should speak with main builder and get more

information. I never paid from my Credit or Debit Card.

 

On requesting contract sign from XYZ COMPANY ( SUB CONTRACTOR) they refused to

provide this information. And Start threatning my family.

 

Mr XYZ visited house he threatened my wife and two and half

daughter saying he will break door and walked in house and do wron

g to them. We made police complain against him and he visited same

day again in evening when i was at home broke our front door and

try to enter in our house. He been caught by police in action.

 

Mr XYZ took Mr ABC(MAIN CONTRACTOR) in court and as per my information that

claim defend as well due to he did not do any work according to

regulations. His Electrician fail to comply with building

regulations and left house in mess.

 

I believe due to this work not done correctly we have complaint to

main builder and he refused to pay him. Mr XYZ court case

still going on against mr ABC.

 

 

Mr XYZ did not stop there he was constant threatning us by

calls and visiting house. Shouting out side house, sending

different people. Due to this my two and half year daughter really

scared and she cant even walk out of house. We have to consult GP

and ask for special help.

 

Mr XYZ trying everything what he can get to take

more money from me and main builder.

 

I can provide full payment receipt we paid to builder as well all

other information.

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remove basically

it is NOT AN EXCUSE for missing punctuation

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Hi Guys

 

I do understand i did not submit perfect wording may be my language is poor. But if some one can help me for further and what i can do to resolve this matter as i am really in stress

 

Please some one help.

 

Thanks,

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also,

the bit about him threatening your family is nothing to do with the claim or your defence/Likewise anything about whether he did the work correctly or not isnt relevant.

 

 

What you need to get across is any evidence you have thay you employed a person as a builder to do a job at a fixed price.

He employed various subcontractors who you had no relationship with.

The claimant is one of these.

 

 

You have emails ( included in your documents) that show the relationship between yourself and the builder and the builder and the plaintiff and they show that there is no contractual relationship between yourself and the plaintiff.

The plaintiff has no cause of action against you

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I can understand court not going to see how he threaten to my family and he was caught in action by police same day.

 

I only have agreement letter with main contactor, text messages and cash payment receipts.

he is saying I'm main Builder and I told his staff and book job

 

I don't know how I prove this things in court

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that that is that,

he doesnt have an agreement with you so cant produce one.

 

 

You can produce your agreemnt, payment proof etc.

 

You can produce your phone records to prove you didnt phone him,

 

 

can he produce phone records from before the time he worked in your property to show that you were talking? NO

 

There is no absolute proof but if you can show that some of what you say is true then the judge will believ all of it is likely to be.

 

 

He wont be able to show any direct link between you and him before he did the work

and you already have the paperwork so show who you are,

 

 

what the builders name was and that he has sent letters to your house with the wrong person named on them.

 

 

That will show that he is suing the wrong person.

 

 

It doesnt matter if he hasnt been paid,

that is not your problem,

he knows the name fo the builder and it isnt you.

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Hi Guys,

 

Thank you so much for your response. Sorry, i wasnt feeling well due to stress so was in hospital.

 

I have spoken with local solicitor today and he told me as i already submit defense i have option to either fight with all documents i have or strike out case.

 

Solicitor suggest me he can write letter to judge and claimant advising he has no ground for this case and may be judge can consider but this is kind of 50/50 chances. Cost of this work is around £1500 which i don't have.

 

I have sent n180 form back today as well so hopefully they will receive by tomorrow.

 

Is there anything else i have to do and if any suggestion how to defend in court.

 

Thanks

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kamit9999 I am going to move your thread to the General Legal Issues Forum as you are getting to the pivotal point of the claim process......once your N180 is reviewed you will receive a Notice of Allocation which will contain the timetable of the next parts of the process and further directions that you must comply with by the dates set by the Judge...this will involve disclosing all your evidence (documents) and submitting your own witness statement were you can particularise in great detail the basis of your defence.

 

 

Regards

 

Andy

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