Woodhouse Builders - Richard Woodhouse - did not correctly installed flat roof extension ***CCJ and Paid in full***

[CobraUK]

Hi I sent it on friday 30th April it was dated under my details I removed that from the letter attached,

 

I have started the moneyclaim claim and have a few questions

1: It asks for the defendents name do I name him or the company name on his van and head paper woodhouse builders because as he is not a reg company just a sole trader, so I am not sure ?

2: Then it asks on the next page for "Particulars of Claim" thats  what I need help with wording it please

 

Thats as far as I can go ontill I fill in those details

[BankFodder]

It's important that the court understands that it is a person who is a trader – apart from anything else, because if his local County Court is different to yours then you want it heard at your court.

Therefore you should name the parties as –
your name – claimant

His name T/a woodhouse builders
 

Draft up a brief particulars of claim and post it here and we'll have a look.

It's going to very short so you can simply type it up here in a quote box

[CobraUK]

Claim for the cost to correct incorrectly installed warm flat roof

1: Your quote stated to use ply for my roof you used chipboard.
2: The joists have not been connected to each other at the front of the roof.
3: There was no vapour barrier installed as required by Celotex Insulation company installation instructions.
4: The external and internal walls and insulation were not extended to the underside of the roof as required for a warm roof installation.

 

[BankFodder]

Is that the particulars of claim?

[CobraUK]

Thats what I think i need to say, I assume its not then ?

[BankFodder]

Roughly this:

 

Quote

The claimant contracted with the defendant builder to construct/replace a roof on the claimant's extension/conservatory for £XXX. Reference number XXX. The work was not completed according to the agreed specification and furthermore was defective and also failed to satisfy the XXX regulations. The defendant has been fully informed. The claimant has provided the defendant with quotations for remedying all the defects which involve undoing all of the defendants work and starting from scratch – £3700. The claimant seeks £3700.

 

Please go through this. And amend it so it represents exactly what was agreed – and the figures.

I'm not sure that you have told us what your original agreed price was. Please can you let us know and you will have to fill in above. We may want to help you claim interest but we will have to see exactly what the payments are in order to understand what your entitlement is to interest.

[The GodMother]

1 hour ago, CobraUK said:

Hi GodMother could you link that face book page for the bentley be good to have that in my file please, I did look but wasnt able to find it

I am not home atm but will do when back. 

[CobraUK]

Quote

The claimant contracted with the defendant builder to construct an extension with a flat roof on the claimant's extension for £16,249. Re Quote reference number 10ASR02. The work was not completed according to the agreed specification and in particular the roof was defective and also failed to satisfy the building regulations. The defendant has been fully informed. The claimant has provided the defendant a quotation for remedying all the defects which involve undoing all of the defendants work on the roof and starting from scratch – £3700. The claimant seeks £3700 plus interest pursuant to section 69 County Courts act 1984 plus costs.

Thanks for your example  I have amended some of it as requested

[BankFodder]

Thank you. I now realise that I should have asked lots of questions before.

You paid £16,000 and my understanding is that the work which has been done must be completely redone and that simply getting it back to scratches going to cost £3700. Is this correct?

If that is the case then you have paid him the £16,000 in its entirety and that leaves you very seriously out of pocket.

I think you need to explain to me a little bit more about what is going on.

[CobraUK]

The £3700 is just to remove the flat roof he installed back to the joists and then correct all the issues, i.e. lift the external and internal walls and insulation to the top of the joists and  then reinstall the flat roof to the correct way a warm flat roof should be installed, i.e. ply/Osb boards on top of the joists ( he installed chipboard but quoted Ply) , then a Vapour barrier over it all (missing from my roof), then Insulation topped with more Ply/Osb boards ( he installed chipboard but quoted Ply) then new fibreglass on top.

[BankFodder]

I'm sorry that doesn't enlighten me at all. Once the work he did for the entire extension including the flat roof? In other words were some of the work satisfactory and we are simply dealing with the roof?

You're not really giving us the whole story.

It would be helpful if we had the whole story so that we understand exactly where you stand

[CobraUK]

Sorry Yes he did build the whole extension including the roof but its only the roof we are having issues with.

 

Have I filled in the attached correctly as it states  "Type of defendant: Individual or Organisation" as I look at him as a Individual ?

 

Money Claim Online - Submit Claim - Defendant Details.pdf

[BankFodder]

Note you must say that he is an organisation.

 

If your county courts are not in the same locality then if you list him as an individual, it is likely that as a defendant, the case will be listed for a hearing in his local court which will cause you additional inconvenience which you don't need. More interestingly, it will cause him inconvenience which may help to understand the seriousness of the problem.

 

List him as an organisation.

 

 

 

For organisation name you should put "Richard Woodhouse T/a Woodhouse Builders"

 

 

I've amended the particulars of claim above. Check it out and see if you think it does everything and you are happy to sign It off as a statement of truth

[CobraUK]

Thank you that looks good and you say am I happy to sign that off as a statement of truth, yes I am is that another letter or part of what you just wrote ?

[BankFodder]

What I've just started for you is your particulars of claim.

 

You've already sent a letter of claim so wait for the 14 days to expire and then click off the claim including the particulars which I suggested.

 

When you have completed the claimant you will have to indicate that you are signing it as a statement of truth before the papers will be issued. That is on the money claim process

[CobraUK]

Ok thank you very much for the help you have been so far, I have just add the  particulars of claim to the MCOL form and its now asking (see attached) should I add anything there or not please?

Submit Claim - Claim Particulars.pdf

[BankFodder]

I would say that the date that the money became owed to you was the date that you paid him. At that point, new paid him for a job which was badly done and needed to be undone therefore he owed you the money from that point.

The date you are issuing the claim – well that is the date the you click it off.

The claim amount is £3700.

The daily rate of interest – you will have to calculate that. There may be a spreadsheet somewhere and maybe someone will help us but it is 8 percent per annum and you will have to calculate the daily rate.
8% is a very good rate of interest nowadays

[AndyOrch]

MCOL claimimg interest - Copy (2).pdf

 

Calculating interest under the County Court Act

In many cases you can claim interest on the money you are owed.
To calculate this, use the steps below;

 Work out the annual interest: take the amount you’re claiming and multiply it by 0.08
(i.e. 8%).
 Work out the daily interest: divide the yearly interest from step 1 by 365 (the number of
days in a year).
 Work out the total amount of interest: multiply the daily interest from step 2 by the
number of days the debt has been overdue.
For example, if you were owed £1,000:
 the annual interest would be £80 (1000 x 0.08 = 80)
 divide £80 by 365 to get the daily interest: about 22p a day (80 / 365 = 0.22)
 after 25 days this would be £5.50 (25 x 0.22 = 5.50)

If you are claiming interest under the County Court Act you will need to complete some extra fields for step 5, including the daily rate of interest. You need to add this amount of interest to the total claim amount and enter it in the box for ‘amount claimed’ as shown at the bottom of the example. This ensures that any interest due prior to issuing the claim is included in the total amount claimed. This cannot be added to the claim at a later date without making an application for permission from a District Judge which incurs a fee.

Please note that you can use the same daily rate to calculate interest from the date the claim
was issued to the date of judgment if your claim reaches that stage.

 

 

[CobraUK]

Hi all again thanks for that info, so I think I have worked out the figure if someone could check it out please?  and also check the pdf attached of the form so far

£3700x 0.08 = 296

296/365 = 0.69p

Final payment to him 13^th Nov 2020.

Date of final letter sent to him was 30/04/21 so 14 days = 14/04/21  so the court form will be sent  off  on the 15/05/21  so the 30/04/21 to 15/05/21 =  166 days x 0.69 = £114.5, is this correct please?

I wasnt sure about  "step 5, including the daily rate of interest. You need to add this amount of interest to the total claim amount and enter it in the box for ‘amount claimed’ " as there isnt a part 5 in the online form so I assume i have done it correct ? or has the £114.5  to be added to the total amount at the bottom please ie £3,885.00 + £114.5 ?

Submit Claim form.pdf

[AndyOrch]

Part 5 is simply entering your particulars of claim

[CobraUK]

Just thought of something do  I need to send evidence IE photos etc when I send off the court papers? And if so how do I do that as the form doesn't seem to allow that? 

[BankFodder]

No, you don't need to send anything else. Just simply send the claim as we've drafted it. You've already indicated on your claim form that the building is fully aware of everything.

Any photographs or other evidence would be sent quite a lot later.

[CobraUK]

Thank you, I will report back on how I got on thanks to you all

[The GodMother]

Hi CobraUk.

 https://www.facebook.com/profile.php?id=100004443918558

 

So hopefully l have now managed to get the second profile to link. This one actually says he is the boss at Woodhouse builders. 

[CobraUK]

Thanks God Mother for that link , did you manage to find the advert for the Bentley you said you saw please?