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Tarmac Driveway done by Tom Diggins Stockport Driveways, not fit for purpose


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Well you should certainly stick by the deadline which you have set out in your letter of claim.

However, as his letter is a response to a different letter from you, I think you should establish a paper trail by pointing out that at no time did you express any satisfaction with any part of the job which have been done and that in fact you have copies of a series of messages which you sent to him which show in fact that you were always unhappy and you told him about that.
Remind him that the clock is still ticking and that you will be disclosing all documents to the court.

Tell him that if he wants to have his own independent assessment carried out then he is welcome to do so – by appointment with you – and you will be very happy for him to allow his own independent inspectors to carry out their own report and provide their conclusions to you and also to submit a copy to the court.

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Must be headed " Letter of Claim "

Is it these people?   https://www.stockportpaving.co.uk/tarmac-driveways/   HB

There's a Thomas Christopher Diggins on the Companies House website as director of a scaffolding company and age 28. I don't know if an address in Bredbury means anything to you.    

Just post it up

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I've had a very brief look and the first thing that occurs to me is that it is far too long. You won't be able to fit it into the word limit which is provided on the money claim website which means that you will have to indicate that you are sending additional particulars of claim.
This is unnecessarily complicated and I'm sure that we can arrive at a form of words which does the trick and you can simply's send off online without having to do anything else.

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See if there is anything you want to add here – and see if it fits in the character limit that you are granted on the money claim website.

Of course check also that it is all correct and you are prepared to sign off as a statement of truth

 

Quote

The claimant used the services of the defendant to install a tarmac driveway and brick border at his home and a total cost of £6200. The claimant paid the defendant sums on account totalling £3186.
The defendant completed the work without adequate skill and care and the work was defective but has refused to address any of the defects. The claimant has obtained assessments of the quality of the works which confirm the defective nature and also quotations for addressing the problems which include removing material installed by the defendant, making good the surface in preparation for the reinstallation of the contracted work. The cost of this necessary remedial work caused by the defendant's defective workmanship is £5050 – in addition to the cost of contracting the resurfacing work to a new contractor. The defendant has been appraised of all defects and independent assessments. The claimant seeks reimbursement of £3186 plus cost of remedial work £5050 – total £8236+ interest on £3186 paid on account pursuant to section 69 County Courts act 1984 plus costs.

 

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Thank you very much,. Mine did fit in but yours is obviously much more professional. The only sentence I will need to amend is the statement that the defendant refused to address any of the defects. He offered to seal the driveway and point the gaps in the brickwork but this was deemed as pointless by the companies we brought in to assess the work

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Don't put that in. You need to keep it minimal. Wait until the defendant makes those arguments and then you can produce a response to them. Don't provide clues. Simply establish the minimum needed to bring your action and that's all.

It seems to me that it is quite correct to say that he refused to address the defects. From what you say, he was simply suggesting some cosmetic adjustments.

Don't add anything more

I've crossed out a couple of words in the proposed draft above.

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Good advice as ever, thank you.

 

In the timeline, do we address him as the defendant or by name?

 

Also, we found out that he had been falsely advertising and runs numerous websites with fake addresses. Is this evidence relevant for the claim to build up a character picture or do we leave that out?

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As always it is all correct, you send it as is. He will be addressed by name in the heading to the claim which you presumably have already put in as part of your preparation. Calling him the defendant is fine.

You don't need to mention about his advertisements and websites et cetera – but on the other hand make a collection of them and get screenshots of everything in case they suddenly disappear.

You can often use the "print" function on your web browser to download pages from his website in PDF format. Get these, store them and make sure you have got backup copies in case you have some catastrophic computer accident.

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