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I'm confused whether it is the Defence or Counterclaim box I should write in,

on a Defence and Counterclaim Form.

 

 

Is the counterclaim section only for money above what I have withheld to offset another electrician completing work

or is it should this section be used to claim use of the money I've withheld from him?

 

An electrician has claimed in County Court for payment I have withheld as work left unfinished.

 

 

(He has claimed nearly £1500.00 although amount withheld £1127.83. He has not put in particulars why claiming more.)

£2809.44 has been paid.

 

Lots of issues but main ones are;

 

- Consumer board half installed

 

- No lighting since October as circuits unconnected.

 

- Installed cabling and made ceiling holes for 22 lights for prospective lessees, they withdrew and he has charged me for most of this.

 

- It has seriously stressed me and affected letting of the commercial property etc.

 

I have estimate from another electrician to finish the work,

it will entail redoing some work,

checking all cabling and connections made,

testing,

report and

certification

costing around the figure he is claiming.

 

 

Difficult to get an exact figure for work of this nature half done.

 

I've read I should provide estimate to claimant in writing

and give him another opportunity to finish it before I get work done elsewhere.

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I've only filed acknowledgement of service.

 

 

I have to do the rest the defence counterclaim form this weekend for deadline.

 

 

I need advice whether my defence for withholding £1100 payment

 

 

in case I need to pay another electrician to restore electricity if he continues to refuse to do goes in the defence or counterclaim section on the form.

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then as post 2 please

 

 

we need the info to be able to advise properly.

 

 

dx


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- Installed cabling and made ceiling holes for 22 lights for prospective lessees, they withdrew and he has charged me for most of this.

 

With all due respect :

 

If you told the electrician to install ceiling lights as per your lessees request. .... And they then "withdrew".

Your argument / claim is with the prospective lessees.

 

The rest of the "remedial work " is "standard" NICEIC regs.

 

If I was you I would let him finish the job.

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- Installed cabling and made ceiling holes for 22 lights for prospective lessees, they withdrew and he has charged me for most of this.

 

Who advised him / her where to make the 22 holes ????

 

If it was the contractor. ..... Then it's criminal damage.

Sue him. Via a counterclaim,; Or your own claim.

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Thanks for your reply but I think there is a misunderstanding here.

- He has refused to return to complete the work, I've phoned, sent emails, suggested a written agreement and lodging a cheque with a solicitor to be provided to him when work completed. He refused and submitted the claim.

- I can't settle a bill for a part rewiring and unconnected consumer board. All this work also needs certification as new installations - it's not something a responsible tradesman can leave like that - that is why I've had to hold off payment.

- It's not simple to just let him go and write off the money although it would be less stressful.

- I just want to know whether it's only the defence part I need to submit or the counterclaim part to allow me to pay the amount withheld to another electrician.

- The cabling and holes for lighting are a separate contract he made with the prospective lessees but he did the cabling during days he charged me. The scope of work I was paying for was clearly in writing. Yes it complicates matters and is annoying but my main priority is getting the electricity reconnected.

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Fill in the defence and deny that any money is owing. Say that the claimant was contracted to carry out an electrical installation and failed to complete it.

 

Then in the counter-claim, explain that you are obliged to employ a different contractor to complete the work left undone by the claimant and that the cost of this is £XXXX - the value of your counter-claim.

If there is any discrepancy in figure then simply out in your defence that in any vent the claimants figures are wrong and that you require a detailed breakdown of hos he has arrived at them.


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north london, I have found myself in a very similar situation with a contractor who is taking me to court for withholding payment. I'm just wording my defence and counter claim.

 

Are you able to share any pointers that may help me write my defence?

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