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Kinger122

Roofer did shoddy work and has now filed court claim against me

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Hi,

 

I have been a reader for a while, but I am now posting for some reassurance and advice. I signed a contract with a roofing company to erect a roof of 15 degrees on my rear extension. It was agreed via a written contract that the pitch should be 15 degrees and velux windows should be within manufacturer specifications of 15 degrees. The work was scheduled to be completed in 4 days but the roof is still incomplete 29 days later today. The company erected the roof at a pitch of 13 degrees and as a result all three windows have started leaking. Furthermore they have not removed all their waste which was agreed in their contract and they have damaged my windows, flashings and tiles in the process.

 

The owner of the company became involved after his workers did not turn up and we later found out one of his employees had subcontracted some work to people he had met in the pub. This employee had damaged a window of ours and had been very rude and aggressive with us. It was because of this worker that the roof was erected at the incorrect pitch. The owner of the company then apologised and personally guaranteed that he had done rooves at this pitch with velux windows with no problems at all. This employee had agreed extra work to be included but then went back on his word. The owner of the company then arranged for all the extra work to be done within the agreed price and apologised. The next day the roof was leaking heaily and the owner of the company sent a roofer to replace some screws. The next day all three windows were leaking. I tried to contact him but he would not answer. After eventually contacting the elusive owner, he stated that he was going to charge us a call out fee to look at the roof and that I had deliberately tampered with the roof. He came to inspect the roof and said we had sabotaged the roof and that was why it was leaking.

 

The building inspector inspected the roof and confirmed that the pitch was not appropriate. He did say he was willing to issue a certificate if the company guaranteed the work. How a company can guarantee an inherently faulty product I do not know. The owner of the company is basing his entire argument on the building inspectors word.

 

A few days later after email exchanges, when we stated that we were only willing to accept a roof of 15 degrees (as confirmed by the manufacturer to be the bare minimum) the owner said he was only willing to repair the flashings around the window or take off the whole roof and walk away. We told him neither was acceptable, especially as we were not willing to accept a faulty roof (as per manufacturer specifications and contract) or walk away without any sort of compensation. Since then we have received stamped county court papers showing a claim amount plus an administration charge.

 

I have had the roof inspected and my brand new velux windows have dents and scratches. Tiles have been cut in situ resulting in circular saw marks and damage. Hammers have been used on the flashing and whilst the windows have been installed correctly (according to another roofer) there has been no care in their installation. In the roofer's opinion and Velux themselves, the low pitch is the culprit.

 

I have some basic knowledge of the law. I believe this comes under the sale of goods act and contract law.

 

I now have to prepare my defence in the county court and I am a bit worried that I may do something wrong. Do I definitely have a case here?

 

How am i supposed to word the defence? Will it go against me if I do not quote law, or does the judge interpret the law after reading the facts?

 

What happens next after I submit the defence? Will it definitely go to a hearing?

 

Any help is much appreciated as this is my first experience of court and I am very worried about losing money to this horrible company. May I add that this is a very large company with contracts for the council and housing associations.

 

I have attached a copy of the drawing which accompanied the written contract

 

Thank you in advance.

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Hello and welcome to CAG. I'm sorry to hear about the problems you're having.

 

I'm going to move this thread to the general legal forum and will leave you a short term redirect to follow from this forum to the new one.

 

Please could you tell us the date on the top right of the claim form you've had from the court and type up the Particulars of Claim, leaving out any personal details?

 

My best, HB


Illegitimi non carborundum

 

 

 

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Hi,

 

I have been a reader for a while, but I am now posting for some reassurance and advice. I signed a contract with a roofing company to erect a roof of 15 degrees on my rear extension. It was agreed via a written contract that the pitch should be 15 degrees and velux windows should be within manufacturer specifications of 15 degrees. The work was scheduled to be completed in 4 days but the roof is still incomplete 29 days later today. The company erected the roof at a pitch of 13 degrees and as a result all three windows have started leaking. Furthermore they have not removed all their waste which was agreed in their contract and they have damaged my windows, flashings and tiles in the process.

 

The owner of the company became involved after his workers did not turn up and we later found out one of his employees had subcontracted some work to people he had met in the pub. This employee had damaged a window of ours and had been very rude and aggressive with us. It was because of this worker that the roof was erected at the incorrect pitch. The owner of the company then apologised and personally guaranteed that he had done rooves at this pitch with velux windows with no problems at all. This employee had agreed extra work to be included but then went back on his word. The owner of the company then arranged for all the extra work to be done within the agreed price and apologised. The next day the roof was leaking heaily and the owner of the company sent a roofer to replace some screws. The next day all three windows were leaking. I tried to contact him but he would not answer. After eventually contacting the elusive owner, he stated that he was going to charge us a call out fee to look at the roof and that I had deliberately tampered with the roof. He came to inspect the roof and said we had sabotaged the roof and that was why it was leaking.

 

The building inspector inspected the roof and confirmed that the pitch was not appropriate. He did say he was willing to issue a certificate if the company guaranteed the work. How a company can guarantee an inherently faulty product I do not know. The owner of the company is basing his entire argument on the building inspectors word.

 

A few days later after email exchanges, when we stated that we were only willing to accept a roof of 15 degrees (as confirmed by the manufacturer to be the bare minimum) the owner said he was only willing to repair the flashings around the window or take off the whole roof and walk away. We told him neither was acceptable, especially as we were not willing to accept a faulty roof (as per manufacturer specifications and contract) or walk away without any sort of compensation. Since then we have received stamped county court papers showing a claim amount plus an administration charge.

 

I have had the roof inspected and my brand new velux windows have dents and scratches. Tiles have been cut in situ resulting in circular saw marks and damage. Hammers have been used on the flashing and whilst the windows have been installed correctly (according to another roofer) there has been no care in their installation. In the roofer's opinion and Velux themselves, the low pitch is the culprit.

 

I have some basic knowledge of the law. I believe this comes under the sale of goods act and contract law.

 

I now have to prepare my defence in the county court and I am a bit worried that I may do something wrong. Do I definitely have a case here?

 

How am i supposed to word the defence? Will it go against me if I do not quote law, or does the judge interpret the law after reading the facts?

 

What happens next after I submit the defence? Will it definitely go to a hearing?

 

Any help is much appreciated as this is my first experience of court and I am very worried about losing money to this horrible company. May I add that this is a very large company with contracts for the council and housing associations.

 

I have attached a copy of the drawing which accompanied the written contract

 

Thank you in advance.

 

 

Dear fellow CAG Member, good evening and awarm welcome to CAG to you.

It appears to me that, based upon the material you have postedabove, that the builder (main contractor) and his employees (thesub-contractors) are in fundamental breachof the works which you agreed with themto undertake out on your home, because of the serious defects in the worksundertaken by them, their workmanship (and I use this word in the most lightest of context to this matter), you are not liable for any sums claimed bythe builder, in fact, it isthe opposite, you must now instruct aqualified builder to rectify these serious defects and he will not undertake anysuch work without a proper contract between you and a substantial deposit forthe same.

You make mention that you now have toprepare a Defence, in this regard, pleaseconfirm if original builder or his sub-contractors have issued a claimagainst you and if so, please post up his particulars of claim (hisPOC’s or his statement of case) as setout on the N1 Claim form.

The drawing and the written contract isnot visible, this is because you may need to make 20 posts before you can up-loadsuch documents – minus personaldetails of course.

Speak to Site Team Member dx100uk asregards attaching documents and make sure that you delete all personal detailsthereon.

Kind regards

The Mould

.

Edited by ims21

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Single handily is what I meant to say, hope you and others have p**sed yourselves at this mistake of mine.

 

Kind regards

 

The Mould

 

PS. now that you have found CAG, get used to laughing in the face of things that appear to be undefeatable!

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Thanks for the replies, I have tried to message "dx100uk " but it is not letting me. It must be due to my low post count

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Hello and welcome to CAG. I'm sorry to hear about the problems you're having.

 

I'm going to move this thread to the general legal forum and will leave you a short term redirect to follow from this forum to the new one.

 

Please could you tell us the date on the top right of the claim form you've had from the court and type up the Particulars of Claim, leaving out any personal details?

 

My best, HB

 

Issue date: 26th November 2013

 

Particulars of claim: Unpaid invoice xxxx Issued xxxx for roofing works. The defendant is in breach of contract and therefore full payment was required. Amount due £xxxx plus administration charge of £xx (I am sure this is an unfair penalty and cannot be charged) plus interest to date. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from 19/11/2013 - 25/11/2013 on £xxxx.xx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.64

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Thanks for the replies, I have tried to message "dx100uk " but it is not letting me. It must be due to my low post count

 

These are the instructions to post up an attachment

 

set your default scan page size to A4 less than 300DPI [150 will do]

scan the required letters/agreements/sheets - as a picture[jpg] file

don't forget you can use a mobile phone or a digital camera too!!

'

BUT......

ENSURE: remove all pers info inc. barcodes etc

but leave all monetary figures and dates.

.

************************* ************************* *******

{DO NOT USE A BIRO OR PEN OR USE SEE THRU TAPE OR LABELS]

************************* ************************* ***********

.

DO IT IN MSPAINT.EXE or any photo editing program

goto one of the many free online pdf converter websites ...

http://freejpgtopdf.com/

..

if you have multiple scans/pics

put them in a word doc FIRST and convert that to PDF

or http://www.freepdfconvert.com/

or

use http://www.pdfmerge.com

 

convert existing PC files to PDF [office has an installable print to PDF option]

..

it would be better to upload a multipage pdf if

you have many images too rather than many single pdfs

.

or if you have PDF as an installed printer drive use that

or use word and save as pdf

try and logically name your file so people know what it is.

though dont use full bank names or CAGicon in the title

i'e Default notice DDicon-mm-yyyy TSB

.

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files


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Issue date: 26th November 2013

 

Particulars of claim: Unpaid invoice xxxx Issued xxxx for roofing works. The defendant is in breach of contract and therefore full payment was required. Amount due £xxxx plus administration charge of £xx (I am sure this is an unfair penalty and cannot be charged) plus interest to date. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from 19/11/2013 - 25/11/2013 on £xxxx.xx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.64

 

File your Acknowledgement of service to the Court without delay and indicate that you intend to defend the entire claim. You have 14 days from service of claim to do this and the another 14 days to prepare and file your Defence to the same.

 

I shall revert to you later as regards your next and important steps.

 

Keep cool and calm.

 

Back later on.

 

Kind regards

 

The Mould

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File your Acknowledgement of service to the Court without delay and indicate that you intend to defend the entire claim. You have 14 days from service of claim to do this and the another 14 days to prepare and file your Defence to the same.

 

I shall revert to you later as regards your next and important steps.

 

Keep cool and calm.

 

Back later on.

 

Kind regards

 

The Mould

 

 

Thank you for your prompt replies.

 

I have already registered with the "money Claim Online" website and stated that I intend to defend the claim in full.

 

Regards

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I think the attachment should work now that I have ten posts. Thank you for all the help so far; it has been very friendly and helpful :)

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Have you incurred any additional costs by way of appointinga proper professional roofer or builder to undo and put right the wholly deficient works carried out by thisroofer? If yes, youmay have a counterclaim against this claim.

The building control inspector from your local authority inspected the said deficientroof and his opinion is wrong.

Kind regards

The Mould

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Have you incurred any additional costs by way of appointinga proper professional roofer or builder to undo and put right the wholly deficient works carried out by thisroofer? If yes, youmay have a counterclaim against this claim.

 

 

 

The building control inspector from your local authority inspected the said deficientroof and his opinion is wrong.

 

 

 

Kind regards

 

 

 

The Mould

 

I have incurred extra costs due to hiring a skip to remove their waste. I have not appointed a roofer as of yet, as I did not want it to go to court and for the judge to rule against me saying I did not give this company sufficient opportunities to put right their work. Now I have received the court papers from the owner of the roofing company I have been ringing around to get quotes and get the work repaired.

 

I have suffered a months delay to my extension due to this roof, as I cannot start the work on the inside until the roof is done properly; it may have to be completely removed and redone.

 

The building inspector seems clueless. He is willing to sign off a faulty roof ONLY if a warranty is provided by the company. What if the company went bust next week?

 

I think I have no choice but to counterclaim, especially as my flashings for the windows were damaged and I am one month behind schedule etc. I just don't know how I quantify my losses and how I present my defence and counterclaim. Do I write my defence from a personal perspective like in my original post or do I just state the law and facts? It is all very confusing and I cannot afford the £500 I have been quoted by a solicitor for their assistance. :(

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Here is a copy and past of one of the emails I received prior to signing the contract.

 

Mr xxxx,

Points discussed this afternoon;

The quotation included all labour as well as theinstallation of 3 x velux windows in accordance with manufactures specification

As discussed with myself and Mr xxxx, payment will be madeafter a building inspector approval, however this must fall within our 5 daypayment procedure.

We will commence work tomorrow, Thursday 31/10/13 and weintend all work to be complete by Saturday 02/11/13, however I must stress Mrxxxxx, this is on the condition we can get 22 lengths of timber cut to thedrawing previously sent.

The weather way also add additional time to the works.

Many Regards

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Issue date: 26th November 2013

 

Particulars of claim: Unpaid invoice xxxx Issued xxxx for roofing works. The defendant is in breach of contract and therefore full payment was required. Amount due £xxxx plus administration charge of £xx (I am sure this is an unfair penalty and cannot be charged) plus interest to date. I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the county court act 1984 at the rate of 8% a year from 19/11/2013 - 25/11/2013 on £xxxx.xx and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.64

 

Where are it's full particulars of claim?

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Where are it's full particulars of claim?

 

Thanks for the reply Mike_hawk. I don't really understand what you mean? Is that not the full particulars of the claim?

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Thanks for the reply Mike_hawk. I don't really understand what you mean? Is that not the full particulars of the claim?

 

Unlikely if it hasn't served it's full particulars mentioned or filed N215 cert of service

 

The rules are a bit of a minefield, personally I wouldn't acknowledge the claim until service per CPR 6.17 and PD7E

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part06

 

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07e#6.1

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You should wait until you get the full Particulars of Claim before jumping ahead. Keep an eye on the clock to make sure you get them within the 14 days, if not check with the court whether they have been filed. In the meantime you need to start preparing.

 

This does not come under Sale of Goods Act. This is a contract for a service not a contract for the sale of goods. It comes under Supply of Goods and Services Act 1982, section 13 which provides as follows: 'In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill'. You should also identify all of the express terms of your contract with the builder which have been broken.

 

You would need to file a Defence explaining which specific contract terms have been broken. You will also need to explain what loss you have suffered due to that breach of contract, and make an attempt to quantify that loss. In order to do this you should try and get some written quotes from independent builders to demonstrate how much it would cost to put the defects right.

 

It is important that your Defence is phrased in this way. You can only off-set the damages you have suffered from their breach of contract against the price. Just because there was a breach of contract does not necessarily mean they cannot claim the price.

 

The key issue with cases like this is proof. If you are raising any sort of counterclaim it is incumbent on you to prove what you are claiming about the defects - both about the existence of the defects, the fact they are in breach of your contract and how to quantify the loss you have suffered as a result. This is the kind of case where it would be appropriate to have an independent expert appointed to produce a formal report for the court.

 

What kind of amount are we talking about here?


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You should wait until you get the full Particulars of Claim before jumping ahead. Keep an eye on the clock to make sure you get them within the 14 days, if not check with the court whether they have been filed. In the meantime you need to start preparing.

 

This does not come under Sale of Goods Act. This is a contract for a service not a contract for the sale of goods. It comes under Supply of Goods and Services Act 1982, section 13 which provides as follows: 'In a contract for the supply of a service where the supplier is acting in the course of a business, there is an implied term that the supplier will carry out the service with reasonable care and skill'. You should also identify all of the express terms of your contract with the builder which have been broken.

 

You would need to file a Defence explaining which specific contract terms have been broken. You will also need to explain what loss you have suffered due to that breach of contract, and make an attempt to quantify that loss. In order to do this you should try and get some written quotes from independent builders to demonstrate how much it would cost to put the defects right.

 

It is important that your Defence is phrased in this way. You can only off-set the damages you have suffered from their breach of contract against the price. Just because there was a breach of contract does not necessarily mean they cannot claim the price.

 

The key issue with cases like this is proof. If you are raising any sort of counterclaim it is incumbent on you to prove what you are claiming about the defects - both about the existence of the defects, the fact they are in breach of your contract and how to quantify the loss you have suffered as a result. This is the kind of case where it would be appropriate to have an independent expert appointed to produce a formal report for the court.

 

What kind of amount are we talking about here?

 

A little under £3000

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A little under £3000

 

OK, so this would be small claims track. That means neither party is likely to recover any legal costs.

 

If there is a dispute about whether the work was faulty and/or what was required to put it right, I think you would need expert evidence. In SCT you need the court's permission to use expert evidence (even if only a written report).

 

You would ask for this on the Directions Questionnaire, which comes after filing your Defence. On the form you would need to indicate the name of the proposed expert (if known) and the likely cost. If successful the costs of this can be recovered from the other side (up to 750). Although this comes after the Defence you should think about it now and perhaps begin lining up and getting a quote from an expert (e.g. a surveyor).


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OK, so this would be small claims track. That means neither party is likely to recover any legal costs.

 

If there is a dispute about whether the work was faulty and/or what was required to put it right, I think you would need expert evidence. In SCT you need the court's permission to use expert evidence (even if only a written report).

 

You would ask for this on the Directions Questionnaire, which comes after filing your Defence. On the form you would need to indicate the name of the proposed expert (if known) and the likely cost. If successful the costs of this can be recovered from the other side (up to 750). Although this comes after the Defence you should think about it now and perhaps begin lining up and getting a quote from an expert (e.g. a surveyor).

 

Thank you for all your advice so far. I have an email from Velux stating that any pitch less than 15 degrees is unacceptable, and this is also freely available on their website. I also have emails from the building inspector stating that the pitch was less than 15 degrees. The Owner of the company actually contacted the inspector which resulted in him copying me in the response to the owner of the company.

 

Will I still need an expert witness, as surely it is not difficult to measure the pitch of the roof with a spirit level etc? (this has already been done).

 

I've been stressing about the whole situation as this extension has been difficult as it is, without having to deal with all these issues. The roofing contractor under priced me, which is partly why I believe he is behaving the way he is. Any quote to rectify the work is likely to significantly exceed what he is claiming. Does that mean I will be able to claim for the difference, as surely it is not my fault that he failed to price the job correctly?

 

After the defence is filed can things be added, or is it final? Can this be settled without a hearing or will a complex case like this likely require a hearing?

 

Thank you.

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Who is going to measure the pitch of the roof? It needs to be someone independent and it has to be done properly. In court terms that means an independent expert. It doesn't have to be anyone super-qualified, a builder or surveyor is fine. The proper way to approach this is to get permission to use expert evidence, pay the expert a few hundred quid to do a proper report and claim the cost back from the other side.

 

An email from the building inspector is helpful. However it would be risky to rely on just this as your factual evidence. Emails are open to challenge, especially if they are informal. I also imagine the email does not cover all the issues you need it to cover in order to prove your counterclaim (most importantly what kind of work would be needed to put it right).

 

If you can show that the builder is in breach of contract, you will most likely be awarded the cost of putting right that breach of contract, i.e. the cost of fixing the roof. This will then be set-off against the price. If you are awarded less than the price you will have to pay the excess only. If you are awarded more than the price he will have to pay you the excess.

 

If you want to make a counterclaim this should be filed as part of your Defence. Once the Defence is served it can only be amended with the permission of the court. There will be a further round of documents before the trial (you will each be required to disclose the documents you intend to rely on in court; and will be able to file witness statements ahead of the hearing).

 

Generally speaking all contested cases require a hearing (unless one side's paperwork is hopeless and can never succeed as a matter of law even if the facts in the other side's claim are assumed to be true. This is not the case here).


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Who is going to measure the pitch of the roof? It needs to be someone independent and it has to be done properly. In court terms that means an independent expert. It doesn't have to be anyone super-qualified, a builder or surveyor is fine. The proper way to approach this is to get permission to use expert evidence, pay the expert a few hundred quid to do a proper report and claim the cost back from the other side.

 

An email from the building inspector is helpful. However it would be risky to rely on just this as your factual evidence. Emails are open to challenge, especially if they are informal. I also imagine the email does not cover all the issues you need it to cover in order to prove your counterclaim (most importantly what kind of work would be needed to put it right).

 

If you can show that the builder is in breach of contract, you will most likely be awarded the cost of putting right that breach of contract, i.e. the cost of fixing the roof. This will then be set-off against the price. If you are awarded less than the price you will have to pay the excess only. If you are awarded more than the price he will have to pay you the excess.

 

If you want to make a counterclaim this should be filed as part of your Defence. Once the Defence is served it can only be amended with the permission of the court. There will be a further round of documents before the trial (you will each be required to disclose the documents you intend to rely on in court; and will be able to file witness statements ahead of the hearing).

 

Generally speaking all contested cases require a hearing (unless one side's paperwork is hopeless and can never succeed as a matter of law even if the facts in the other side's claim are assumed to be true. This is not the case here).

 

Thank you. So a chartered surveyor should be sufficient. I have done some reading around but I cannot seem to find if a written statement is sufficient or would they need to attend court as a witness so the claimant can cross examine?

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Thank you. So a chartered surveyor should be sufficient. I have done some reading around but I cannot seem to find if a written statement is sufficient or would they need to attend court as a witness so the claimant can cross examine?

 

Probably [sufficient] given the value/quantum claimed. Don't go engaging anyone's services yet though or it'll be good money thrown away.

 

CPR35 may assist you........ http://www.justice.gov.uk/courts/procedure-rules/civil/rules/part35

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A written statement is fine, no need for the expert to attend court in small claims track.

 

The key point is that you must get the court's permission for this by requesting it on the DQ.


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Building control inspectors do not require your consent toissue a Building Regs Certificate, ifthe builder/roofer has complied with such. Something is wrong with the work and that isthe reason that he has not issued said Certificate. A warranty is not required either for the purposesof your local building control Dept. to issue the Certificate for the worksundertaken on your property, if the works have been carriedout in accordance with building regs..

Claimant has stated that he will serve particularised particulars of claim on you 14 days afterservice of the claim form (N1). Therefore, waituntil you receive this so that you can answer to each paragraph therein and rebut the same with your counter-argumentsstating the reason why the allegation is denied..

In the meantime , takephotos of the deficient works for evidence purposes and obtain quotations from proper professionalbuilders/roofers to put the works right or instruct a building surveyor who isregistered with the Royal Institute of Chartered Surveyors (RICS) , which may provide you with a counterclaim ora defence set-off against this claim.

If this matter proceeds to Case Management Conference(CMC), you ought to ask the Court forpermission to rely upon expert evidence in this particular field..

The following is the correct format as to how you lay out yourDefence to this Claim and the arguments I have stated ARE AN EXAMPLE ONLY OFYOUR ARGUMENTS AGAINST THIS CLAIM: (ATTHIS PRESENT TIME, UNTIL WE KNOW CLAIMANT’S PARTICULARISED STATEMENT OFCASE. By the way, I am not shouting at you as regards the wordsin Caps)

Inthe County Court (name of County Court) ClaimNo (state claim number)

Between:

XYZBuilders Claimant

- And-

Yourfull name Defendant

(Theabove in bold black writing only)

DEFENCE (& COUNTERCLAIM if you have one)

Introduction

1. I, Mr (state you fullname) age (state your age) of (state your full postal address – including post code) am the Defendant in theseproceedings and I make this statement asmy full defence against the claim brought against me by (state Claimant’s full name) dated (statefull date of Claimant’s Claim).

2. For the purpose of this Defence,all reference made herein are made to the sentences and paragraphs of theClaimants statement of case dated (put the datehere)

3. The matters set out hereafter aremade within my own personal knowledge on this matter, if the contrary appears, Istate the source of such, which I believe to be true to the best of myknowledge on this matter.

4. As to the first sentence of theClaimant’s statement of case , it isadmitted that the Claimant was contracted out for roofing works at my property.

5. As to the second sentence of thesame, it is denied that the Defendantis in breach of the same and the Claimant is put to establishing the burdenof proof thereof . As of the date hereof, the Claimant has not produced any credible evidenceto substantiate the same.

6. AS regards the third sentencetherein, the amount claimed as due andowing is denied. The Claimant is infundamental breach of the contract and the works he was contracted to undertakethereunder are seriously defective and inadequate , he has notperformed his obligations under the agreement, this has left the roofing works requiring proper professionalworkmanship that complies with building regulations in order to make the samewaterproof. Which, at the present time, due to the Claimant’s wholly deficient workscarried out thereon., the roof is not watertight.

7. In relation to paragraph 1, (and so on and so on, untilyou have responded to each allegation set out in Claimant’s statement of case (his POC’s – the particulars of claim that hehas said he is going to serve on you).

Finishyour Defence of as follows:

STATEMENTOF TRUTH

Ibelieve that the facts set out in this Defence are true.

Signed……………………………………………….this (put date) of December 2013.

(Printyour name here – Defendant)

If youhave a Counterclaim, then finish as follows:

DEFENCE & COUNTERCLAIM

1. Thematters set out in the Defence above are repeated.

2. Accordingly,the Defendant/part 20 Claimant seeks the sum (£xzy) from the Claimant/part 20 Defendant and respectfully requeststhat this Court strikes out his claim in its entirety.

STATEMENT OF TRUTH (as above)

Kindregards

TheMould

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