small claim against a "sole trader" caravan repairer ***Paid in Full***

[Bazooka Boo]

http://www.landregistry-titledeeds.co.uk/land-registry-documents/

[Bazooka Boo]

You can post up a suitably redacted copy of it on here, that way then you get the best advice rather than one individuals.

[Bazooka Boo]

Reads very good IMO, although I would possibly change the last para to something along the lines of, ''Should I fail to receive a satisfactory response by Friday 8th Jan 2016, I will commence with the repairs to rectify your poor workmanship and I shall invoice you for the cost, if I fail to receive any communication from you regarding the invoice I will seek legal remedy via the small claims track whereby the cost will increase.

I look forward to your timely response,

Regards......''

 

Or something similar....I would say that your perogative would be to get the caravan repaired to a good standard then chase him for the money.

[Bazooka Boo]

I would get three separate quotes for the repair and send them with your letter.

 

Inform them that if they fail to respond, then you will have the work carried out, and the invoice will be sent to them, failure to pay the invoice will result in a claim being made via the small claims track, including interests and costs.

 

AFAIK, there is no way of forcing them to pay for the repairs prior to them being carried out, however, remember what the objective is, which is to get them to carry out the repairs satisfactorily, hopefully they will correct the repairs themselves, legal action is when you have no other option.

[Bazooka Boo]

OK then, in that case as he has failed to communicate and proved to be incompetent, get the quotes, send them to him, demand that he respond to you within a certain time limit, state a date a date by which you expect a response, failure of which you will go ahead and have the work carried out.

 

If he fails to pay for the repairs then you will escalate the matter to the small claims, where costs and interest will be added.

[Bazooka Boo]

 

You're welcome, it's a shame it comes to this, all you want is for the work to be carried out to a satisfactory standard, and for them to honour the 12 month warranty.

 

Once you have the quotes, copy them, send them to him, obtain proof of posting if you're going to send them, OR take them to his premises by hand, and get someone to sign for them, then once he fails to respond by the date you give him, have the work carried out, and send him the invoice.

 

Once he fails to respond to the invoice, then send a LBA (letter before action) giving him a further 7 days to respond, this MUST be sent via recorded delivery, then once he fails to respond to that, start the small claims track....

[Bazooka Boo]

Hmm, not sure??

 

You can check on companies house website whether he has a habit of doing as you suggested, but I would strongly doubt that he would change company names to avoid covering the repairs to one caravan, although TS might know if there are any more complaints regarding his workmanship?

[Bazooka Boo]

AFAIK, getting the work done and then billing this chap is a better approach, but if your father doesn't have the funds available, then the same process should be applied.

 

Obtain three estimates for the repair, then make a claim against the individual.company for the cost of the repairs, then once/if you are successful you will have the funds to carry out the necessary repairs.

[Bazooka Boo]

I'd be inclined to get up to date accurate reports of the cost of the work required, with time scales as to how long the quote will last for so you have a rough time scale to go by.

 

Then send the reports with a LBA stating that a response will be required by a certain date, usually within 7 working days, whereby you will go ahead with getting the repairs completed using one of the three quotes you have supplied him, and taking legal redress through the small claims court in order to recover your losses.

 

That should then give him plenty of time in which to either start communications, or continue ignoring you in the hope you'll just go away.

[Bazooka Boo]

Hello again!

 

Shame it has to come to this, but some people just don't know when to give up do they?

 

AFAIK, and this is goingout of my comfort zone as I'm not really au fais with the legal side of things, BUT MCOL,is, I think, the way to go yes, as you say it is cheaper, although should it go in your favour, these costs are added to the claim anyway, but if you can show that you have still attempted to keep his costs to a minimum, then that can only go in your favour too.

[Bazooka Boo]

Plus statutory interest at 8% per annum from date of judgement.....

 

I think you have been more than reasonable with your requests and the manner in which you have attempted an amicable solution.

[Bazooka Boo]

I wouldn't know to be honest?

 

But I would think that on receipt of your judgement any EO process would be cancelled?

[Bazooka Boo]

Brilliant news! Well done.

 

A definite case of slowly slowly catchy monkey!