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New bathroom installation completely replaced by client who now wants to sue


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I am a builder and recently carried out a garage conversion. (for context I have over 60 100% references on one of the builder search websites)

My Client was kept informed every day I was at his house on all positions of sanitary ware and other works

I was paid in full the agreed amount on completion and 2 days later he sent me an email saying that he was unhappy with the finish on a couple of aspects of the finish on the job.

Snagging is normal and I go out of my way to maintain my 100% ratings

He stated that he had lost confidence in me and had instructed ANO to carry out the snagging.this would have taken me less than a day to make good any issues

I was going on holiday the following day and didnt argue about this and said I would support it if I felt the cost was reasonable.

After my holiday I called the client to arrange for me to replace a pane of glass that was broken when delivered.

I arrived at his house.

The "new builder had completely removed a wall I had fitted with a pocket door in it, rebuilt the wall with a standard hinged door and moved the postion of the toilet which meant he had to uplift the flooring and drains to do so.


To say I was shocked at this re work is an understatement and I did tell my client this.

My client went on to tell me that the cost invoiced by the new builder was £2400 and that he expected me to pay for it

I had not approved the reworks or the cost involved,in my opinion my clients new builder took advantage and my client was naive to believe that I am liable.

I have tried to negotiate with him, I told him that I would pay £300 as a gesture of goodwill but he is adamant about going to small claims as he does not accept my offer

What do people think of the prospect of my client being successful with his claim,

He isnt following preaction protocols.

Onlymeagain
 

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Hi.

@BankFodder should be around later to advise on this, he often deals with this kind of case.

As an outsider, it sounds to me as if the client could have changed his mind about what he wanted, once you'd built to the agreed spec.

HB

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Illegitimi non carborundum

 

 

 

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Please explain what you mean when you say that he hadn't followed pre-action protocols.

How much of the original spec that you worked to do you have in writing. 

Do you have photos?

What other written evidence do you have?

Also, what was the cost of the job which you carried out and what was the likely value of the repairs required by the snagging list

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  • BankFodder changed the title to New bathroom installation completely replaced by client who now wants to sue

Today I received a MCOL  claim notification haven't been able to log on to see what he put in the claim

He has failed to provide information required  pre action

I have not received bill or details of what the other builder has done

I have not received a letter before action 

I had a verbal request to pay half of the new builders re-work  cost 

I received an email stating if I didn't pay within 72 hours he would make a claim against me in the county court

I did offer to pay £300 for the snagging which in my opinion was sufficient to cover any labour or materials on the minor items

He went ahead and re worked the whole of the bathroom area without discussing it with me

He has made a claim for £2400

He had taken it upon himself to carry out all of the works without recourse or discussion with me, other than an email saying he wasn't happy with some of the finish surrounding a curved wall and an extractor duct

he stated he had lost confidence in me and had appointed someone else to carry out the work

The original cost of the full garage conversion was £10400, building control were fully involved and passed all inspections

I quoted in writing detailing the work I would carry out with a single price for the whole job

no photos of the finished job

he has taken lots of photos and videos but not shared them with me

onlymeagain

 

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Please will you post up a copy of the claim form in PDF format. If you have difficulty then click upload for some advice is how to do it.

It will be helpful if you could just be a little bit more careful about the information you are giving us.

What information are you expecting "pre-action"?

Please post up the text of the email in which he threatens you with action if you don't respond within 72 hours.

Let's also see the email which apparently he sent you complaining that he wasn't happy et cetera….

He said that there are no photos. This means that you don't have any photos? Or that he hasn't any photos?

We can help you with this but you are going to have to be a little bit more careful and also responsive. I'm sure you have other things to do it has been 15 hours since we asked you questions and you have come back and responded but not particularly interest the questions we have put to you.

 

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I havnt been able to access the claim form despite resetting passwords etc

There are several emails back and to do you want all of them??

clients emails in italics

I work long hours so sorry for the slow reply to queries on CAG

 

 

email 1-received 2 days after completion  on 18th May 2024 and after he paid in full 

Quote

 

20th May 19.44pm

I am sorry that I have to let you know how dissatisfied I am  with parts of the room that was completed by yourself.
.  The door frames, where it’s all not fitting correctly with gaps and warped timber used.
. Skirting boards on the curved parts where it’s been filled with a filla and not even been smoothed out.
. The architrave isn’t joining correctly with one piece with a cutting taken out of it.
. Sliding door, no stopper was used to stop it going all the way back and isn’t aligned to the floor.
. The extractor going into the boiler where a round tubes been used to an oblong pipe. It’s also held on by gaffer tape.
. The window hasn’t been packed correctly and one opening window isn’t aligned.
. One piece of flooring isn’t sitting flush so will damage very quickly.
. The toilet is far too close to the radiator and you can’t get up if sitting down.
. The stop tap I cannot get my hand in to be able switch the tap off.
. The window you are aware of that’s cracked and you are replacing.


I have had to call in another builder to start work on the room next week as it’s made me very depressed.

 

 

My reply same day 2hours  later 21.32pm

 

 
Quote

 

I am sorry that you have felt the need to call in another builder to carry out the items that you are unhappy with,if you have lost confidence and are distressed then I accept your decision.
 
I would normally prefer to sort out any issues that I am made aware of before my customer feels the need to bring in somebody else to rectify problems.
 
If you wish  I can arrange for the replacement glass to be delivered  next week when the other person is there as I will be on holiday or I can fit it on my return and have a conversation with you on how to proceed.
 
Once more I apologise for any inconvenience and upset that you have felt in this situation

 

 
 
21st May 07.54 am
Quote

 

I would prefer for you to fit the window and to fix the small window that isn’t fitting correctly. Also the extractor situation going into the boiler.
It’s all the joinery work that will need fixing and moving the toilet.
 
I have brought in a joiner to fix the issues. Heather will be starting next week as I need it sorting ASAP. Perhaps you could work with him to reduce my costs. As it’s not going to be a cheap jo

 

 
 
21st may  08.45am
Quote

 

Morning ........, I am at the hospital today for my ct and mri scan results 

Next week I am on holiday so I wont be able to work alongside anybody then either.

Do you have an estimate from Heather? 

The toilet will be difficult to move to a new position hence me talking it through with you about where it was sited as the work progressed I dont feel this is an error on my part 

I dont expect you to pay for rectification of my work and would prefer to do it myself but if the cost is in my opinion reasonable I will support it 

The glass is due in sometime this week and if early enough I can come over to re fit it and to pass you back your key as I feel uncomfortable keeping hold of it 

As soon as I know anything I will send you a message

 

 

22nd May 08.41

 

Quote

 

I want you to know that I have no bad feelings towards you and when you come to my house you will be made to feel welcome and it won’t be uncomfortable at all. The person isn’t Heather that was a predicted text word. 

All want it to have the room finished and the snags completed. 

Once again I have no bad feelings towards you.

I hope that your visit to the hospital went well yesterday, and it was good news. Have a lovely holiday in Paris.

 

 

23rd May 09.08am

 

Quote

 

Morning ..... thank you for your kind words, I do get anxious about certain things and I haven't been on top form just lately. 

The glass is due at the end of this week/ early next and I will arrange with you to come along to re-fit  and other items when I get back from Paris wc 3rd june 

My hospital appointment was ok. The scans were apparently clear of metastasis ( spread) but I am being told that I do need to have treatment sooner rather than later now.  

I have had 7 years knowing about the cancer and active surveillance has been good as things have been pretty much normal for me, still no great rush, I am leaning towards surgery rather than radiotherapy and likely to have treatment in 2 or 3 months time

Thank you once again for your concerns and kind thoughts

 

 

 
 
My email to client on my return from holiday 3rd June 07.13 am
 
Quote

 

Good Morning ........ I hope you are well, we had a lovely holiday. 

 I have arranged that I can call over to your home this week to finish off any issues that you still have.

I haven't been notified that the replacement glass is in the warehouse yet but will check it later this morning 

Could you send me a revised list of all outstanding jobs so that I can estimate how much time is required 

What days/ time after today will be best for you so that I can work around it and make sure that all is complete

 

 

3rd June 08.30

Quote

The remaining jobs what are left the builder is completing this week. The only job I would like you to do is to replace the window that was cracked and to sort out the opening window that is sloping.
I guess it would be easier for you to come towards the end of the week or early next week once the builders have finished so you are not getting in each other's way, if that helps.
I will send you a copy of his invoice like you mentioned to help me anyway with the costs.

 

10th June following telephone conversation

I then called to fit the glass only to see that the whole inside works had been changed around I expressed my shock I was asked to pay £1200 towards the cost of the to which I said I wasnt prepared to take responsiblity for all of the changes only the snagging

I ask for himto put a proposal in writing  which follows

10th June 11.14am

Quote

 

On the 10th June you came to replace the window that was damaged and asked me to submit to you an email with what my outcome I would like it to be. 
I understand that you were frustrated that I contacted another builder to fix all the issues that I had come across. This didn’t give you the opportunity to fix the situations. The reason I felt I needed to do this was that if you had left my home leaving the garage conversion to your best standard, I felt how could you improve on the work you have carried out.
I want to highlight the issues that I had come across after you had completed the job.
. Quality of skirting board that was fitted around the curved wall inside the bathroom and also in the lounge.
. Toilet fitted too close to the radiator where you could potentially burn your leg
. Hardly no space for you to get off the toilet when sat down, especially if you are tall.
. The hot and cold feed were incorrectly placed to the wrong connection on the sink
. The vanity unit isn’t suitable due to the position of the stop tap. Small hole cut in the vanity unit base to try and switch the tap off
. No caulk used around the door frames
. The extractor fan, where you used a plastic round tube, going to a square tube that was held on by gaffer tape. The square tube then went into a round hole on the outside, this was then filled with foam gap.
. The pocket door felt like it wasn’t fixed well, the door at the bottom wasn’t sliding on to the runner very well and you had to help it onto the run. Also no lock on the door.
. The boiler door frame had to be replaced due to the timber that was used. The door also was replaced due to the door being fitted to fix into the twisted door frame wood. The door had been shaved so it would fit into door frame that was twisted.
The architrave used inside the boiler room was short, had a piece taken out of it. The architrave in the toilet wasn’t fitted well.
. You used two single sockets for the bathroom and boiler room. Where I only needed to have I double switch.
. The door frame going into the garage you left gaps between the wood and the wall.
. Door handle not fixed correctly and is stiff
. The window, one opening window doesn’t look level, the other you can’t open it and leave it slightly open in a lock position.
. Skirting by the radiator, the hole had been cut too big and had just been filled with filler.
. One plank of flooring wasn’t fitted flush and my toe caught it sitting upwards. 
 
Like you said today we both are not happy with the outcome, where you hadn’t been given the opportunity to fix the jobs. I had lost  confidence in you completing the list above. 
I wish you had looked at the bathroom situation and spoke to me about the vanity unit that wouldn’t fit correctly due to the tap. I would of paid more to get a floating sink unit and a cover built to go over the stop tap. When I had seen it when you had gone I was shocked and couldn’t get my hand in. I also wish you had asked me where I wanted the toilet to go and what the restriction was going to be due to the curved wall. 
 
I am happy to meet half way on the cost of the builder that’s corrected my points above. His total bill came out to £2400.00

 

 

15th June 07.08 am

Quote

Good morning, ........, I can confirm I have received the email I am not in agreement with the contents and as such considering my response

 18th June 12.16

Quote

 

Eight days ago I sent you my email that you requested asking me to detail what I wanted and what the issues were. I have had no response from you on what you are going to do. 
This is now impacting on my health and it is also making me not to love my home as I used to do.
I have now been advised to contact
Citizens advice bureau
Cheshire East Council
Contact small claims court
If this is something that I have to do, I will be claiming for full amount of £2400.00.
I shall be putting the photographs and videos together with the email on the 23rd of May where you said you get anxious at times and that you haven’t been on top form just lately.
I shall give you my bank details if you will be going ahead and paying me £1200.00. If I receive the payment within 72 hours then I will not carry on with the three points I mentioned in this email. I would like to put a close to this matter as this isn’t helpful to you or I and it’s very sad it has come to this.
 Regards

 

 
19th June 07.07 am
Quote

 

Dear ....,First of all and foremost in my mind is that I do not want to fall out with you.
 
Please bear this in mind in all our communications
 
Contrary  to your email 18 June 2024 stating I had not replied  to your  previous email for 8 days ,I emailed a reply to you on Saturday Morning (3 days ago) stating that I was considering my response to your request.
 
I have at all times been prompt with replies and at all times notified you at each stage of the build 
 
I  have followed up all email from you
 
At this time I haven't made a final decision  but I am not in agreement to pay for the extra work that you had carried at your own request out by ANO
 
On the 11th June I replaced the broken pane of glass. I expressed my shock at you not having only carried out the minor snags but had also gone ahead without discussing major changes to the walls and flooring and drains.
 
 
I was not given the opportunity to remedy any issues that arose from my work, in fact you told me that you had already instructed another builder less than 1 working day after completion and final payment was made
 
I did request an estimate prior to agreeing that ano rectify any snags.
 
You took it upon yourself to instruct him and in fact to carry out major works,I certainly have not agreed to pay for this nor to paying for the extra work
 
If you had bought a car and it developed a fault the next day I am sure you would have taken it back to the garage that you bought it from  not to another and then expect garage 1 to agree to the bill
 
 
My expectation was that the snagging would  take me less than 1 day to rectify at a cost to myself less than £300
 
If you were unhappy with any other aspects of the build I would have discussed them with you to make sure that you became another happy customer.
 
If I had carried out the minor snags I would not have needed to pay out for a third party and it would have been only time that I had lost
 
If you are intent on going to the small claims court I shall defend any action vigorously 
 
Please reconsider your position in light of the above.
 
 I do want to bring this to a conclusion as soon as possible to remove the stress  for us both.

 

 
 
 
19th June 07.37
 
Quote

 

I am not in agreement with what you have said. I feel £300 doesn’t even cover the materials that had to be used. 
 
I feel that you and I won’t agree so I do feel the only way forward is for me now to go forward to the small claims court. 
It will be best for them to make the decision on your side and also my side.
Regards

 

 
 
Claim form issued  19th June not been able to download as yet 
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Please will you check back on Sunday at some point for a full response

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I'm afraid that both yourself and we will need to see the claim form as a basic minimum.

As this person has issued proceedings, we can't go any further at all without understanding the detail of what they are claiming on the basis of the claim.

When you receive a claim form then you might normally respond within 14 days either with a defence or an acknowledgement of service. If you don't respond with either of these then the claimant can go ahead and obtain a judgement against you in default and that then becomes a bit tricky and also a bit expensive to overturn – called "a set-aside"

If you don't file a defence but you supply an acknowledgement, then you get a further 14 days so up to 28 days to file a defence.

I understand that you have had difficulties accessing the claim form. I'm afraid I don't know why that is not sure how much help we can give you on that. You're going to have to do this is a matter of urgency whatever the runs are rights of your position are.

Once we understand the claim form, then we can advise you as to the next step and also we can put the claim in the context of your own story and decide how best to defend.

I'm at a bit of the lost to give any more constructive advice at this point.

Access to the claim form is essential.

You could telephone the County Court business centre which I think is in Northampton. They have a helpline and maybe they can give you some solutions – but in the meantime, why can't you access the password reset?
Have you checked your spam folder?

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Posted (edited)

Thank you for getting back to me I will do my best to get hold of the claim form tomorrow 

When I spoke to MCOl on friday I asked for the extra 14 days so penty of time

Onlymeagain

Edited by ohitsonlyme
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Have you had any confirmation in writing that they have given you the extra time. I've never heard of a telephone/verbal acknowledgement of service before.
The County Courts can be very helpful – but they are also under resourced and very inefficient.
I think I would only feel comfortable about this if you had something in writing but even if it was to some email it would still leave me uncertain.

The last thing you want is to find that you been promised extra time on the telephone – but this doesn't make it through to the computer system and your client then applies for a judgement in default which you then have to try and set aside.

In principle of course you could even apply for a strikeout on the basis that the protocol hadn't been followed but this will require an application notice – probably about 250 quid or maybe a bit more nowadays – and although technically speaking if the pre-action protocol hadn't been followed this should result in an immediate dismissal of the case, if it turned out that the client had sent something and it was lost in the post, for instance, or even if the client then came to have said something, this could cause uncertainty and difficulties.

If you were to make that kind of application then frankly it would carry much more weight if it was accompanied by a draft defence and for that you would need to see the claim.
Also, if you tried to ask for a dismissal on the basis that the protocol hadn't been followed, this would require a hearing and that could easily take several months to be heard so that you are up in the air.


I think you should certainly put it in writing to the County Court that you have been unable to access the claim form. You should do this by email straightaway.

I think the best thing to do is to make absolutely sure that the County Court has it in writing that you have received notification of the claim but you can't access the claim, that they have said to you that your verbal acknowledgement is sufficient to gain the extra 14 days – and then when you eventually get the claim form, we can consider the defence and also put in the dismissal/strikeout application at the same time which will cost you no money at all because it will be part of the defence and if you have a cogent basis for resisting the claim then the judge is likely to be supported.

Also, just asking for a dismissal of the claim on the basis of no letter of claim leaves it wide open for your client to come back and try again in a more considered and structured and effective way.
If a judge dismisses the claim on the basis that they find your defence more compelling, then that is the end of the story for the client.
And that is what you really want.
 

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Posted (edited)

OK So I have now got the claim form, I had it emailed to me and also got another passcode to go onto the portal

I have confirmation that the extension of time the following in email from mcol :  "also discussed, your response deadline date has been extended to 4pm on the 23rd of July 2024."

The claim itself is quite simplistic and a distortion of the truth

He is trying to say that I agreed for him to carry out additional works and that I was anxious, which couldn't be further from the truth. My anxiety was in relation to my prostate cancer results

My emails do have an element of acceptance that there are snags to be carried out, not for wholesale change of the project

He was at home every day and we had conversations daily about the room and the procedures involved

He had another builder lined up the same day as completing the project

He did not give me opportunity to discuss or rectify any snagging 

why pay me in full if he was unhappy??

Onlymeagain

claim form (1).pdf

His final  sentence in the email to notify me of any issues states the following: this was 2 days after final payment was made in full

20th May "I have had to call in another builder to start work on the room next week as it’s made me very depressed."

Edited by lolerz
PDF Redacted
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Okay, please stand by for a response later on or tomorrow

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PDF Properly redacted.

Lolerz

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We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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Firstly, I'm a bit confused. Is it him who is claiming to be not on form and depressed or is it you?

Secondly,

please will you comment briefly on each point he has made starting with his paragraph 3 and then point by point referring to the dates. You will need to make it clear which point you are dealing with what you have to say about them.

This will form the basis of your defence and also we need to understand.

Has he supplied you with any of the photographs or videos?

Also will you please put up the written quotation that you provided and we would like you to set out the snagging list in respect to each point contained on the quotation.

It may seem complicated – maybe it is but I'm trying to simplify things as much as I can to get a full picture.

Also, he hasn't at all explained why it's costing £2500 – value of his claim.

I understand that you have and take any photographs of your finished work – or of the job before it was started.

Also I understand that you went round there and you saw the changes which have been made to your work that you haven't any photographs of these either.

Is this all correct?

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The plot thickens!

I asked my lady electrician to carry out another job for me, I told her about the claim that I had recieved

I quote from her message back to me, she attended the garage conversion on 16th May 4 days before he notified me of any issues telling me he had appointed someone else to carry out the snagging

I must admit to knowing that he was disgruntled, he mentioned it when I went to test. It wasn't related to the electrics it was regarding joinery and finish. 
I advised him to bring it to your attention. 
If you aren't given an opportunity to A: have knowledge of a complaint and B: rectify an issue
Then I don't see what can be expected of you tbh. 
He kept saying please don't mention it to him, he's such a nice guy,  

and I said yeh but he can't fix what he isn't aware of 🤷🏻
 

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Posted (edited)

My quote will only  muddy the waters further there is little information that adds to this discussion

I did not  take any pictures   I do not have any photographs or videos and none have been forwarded to me with the claim form recieved today by email

 

Replying to claim statement

3.1 The claimant  was present everyday that I  defendant worked at his home for just over 3 weeks I turned up daily  and  discussed the work as it progressed, discussing at length the position of sanitray ware and other major items.

The claimant did not tell me of any disatisfaction at the end of the project, he paid me promptly the day after I completed. I was not made aware of any issues with finish or position of any fixtures or fittings, I was aware of a broken pane of glass, this was on order and due for delivery after completion

Since the issue of claim,I have been made aware the claimant complained to my electrician on 16th May telling her not to tell me about it because the defendant is a "very nice guy"

The claimant is making an assumption that any issues he had could not have been rectified by the defendant

Time line

Email Sunday 20th May 19.44pm  post completion The claimant notified the defendantof minor issues with the project that it was making him depressed so he had brought in another builder to carry out the snagging 

I quote from the email "I have had to call in another builder to start work on the room next week as it’s made me very depressed."

Sunday 20th May 21.32 pm The defendant replied that he would normally prefer to sort out any issues with his work before a client calls in ANO to do so

Email Monday 21st May 07.54  The claimant told the defendant that he was going to have the new builder move the toilet and "it wasnt going to be a cheap job"

Email Monday 21st May 08.45 am The defendant replied:

I am at the hospital today for my ct and mri scan results

Next week I am on holiday so I wont be able to work alongside anybody then either.
Do you have an estimate from Heather? 
The toilet will be difficult to move to a new position hence me talking it through with you about where it was sited as the work progressed I dont feel this is an error on my part
 
22nd May 08.41 am The claimant wished me well and said I would be made welcome and hoped my hospital visit went well
 
Email 23rd May 09.08 am The defendant told the claimant he got anxious and had not been on top form this was in relation to the defendants  cancer treatment not the defendants work
 
The claimant is manipulating the truth,taking it totally out of context
 
Email 3rd June 07.13 The defendant emailed to say he was back from holiday and ready to finish off the  works
Email 3rd June The defendant delayed the claimant attending until the following week
 
10th June The defendant attended the claimants property and became aware that the  claimant had removed walls and carried out major structural work to the garage conversion
The defendant expressed his shock at the extent of works carried out  at which the claimant asked for £1200 towards the cost of the works
 
The defendant asked the claimant to put his proposal in writing as he could not accept it as his liability 
 
Email 11th June a long email was received by the defendant  within it stating the was prepared to accept £1200 towards the cost of the works carried out
15th June the defendant acknowledged receipt of the claimants proposal and  that he did not agree with the proposal as such was considering a response
Email 18th June 12.16 pm The claimant demanded £1200 to be paid into his bank acoount within 72 hours or he would make an application to the courts
 
email 19th June 07.07The defendant emailed to say
"At this time I haven't made a final decision  but I am not in agreement to pay for the extra work that you had carried out at your own request  by ANO
I was not given the opportunity to remedy any issues that arose from my work, in fact you told me that you had already instructed another builder less than 1 working day after completion and final payment was made
I did request an estimate prior to agreeing that ano rectify any snags.
You took it upon yourself to instruct him and in fact to carry out major works,I certainly have not agreed to pay for this nor to paying for the extra work
The defendant continued on to ask the claimant to reconsider his position
 
20th June The claimant filed a claim with MCOL for £2400 without further correspondence with the defendant
 
 
 
 
Edited by ohitsonlyme
typo
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Okay, the response to the claim form which have set out above is very useful and we will use that as the basis of your defence.

Is your electrician prepared to give you a statement confirming what you have said? You need to find this out immediately and then we need to get statement.

You say that the quote will muddy the waters but we would still like to see please. It will have to be included in your court bundle anyway so we might as well start understanding it now.

I think you should write a letter to the claimant. Let's keep it nice and reasonable. I think you definitely need to position yourself as the person who is being absent reasonable and communicative.

Something like this
 

Quote

Dear XXX

I was very surprised to receive a claim form through the post on 20 June and to learn that you had started a legal action against me.

As you know, you didn't give me any indication that you might do this other than one email dated 19 June – the very day before I received your claim form – in which you simply told me that you wouldn't accept £300 refund in respect of the snagging list which we agreed I would do when I returned from holiday but which it then seems you have decided to make other arrangements.

I think that it normally takes at least 48 hours to issue a claim online and then for it to be served on the defendant and so on that basis I have a feeling that you had already issued your claim at least two or three days earlier while you are discussing the matter of the snagging list and the issues between us.  Please can you confirm this.

Anyway, in your claim form, you say that you have photographs and videos. Obviously you haven't included those because I don't think there is a facility when issuing a claim online to include that kind of evidence.
It will be very helpful if you would send those to me directly so that I can understand more about your claim and your position.

As you know, when I returned from holiday I was very surprised to find that instead of the snagging work which still needed to be done, you had had the work which I carried out for you completely stripped out and replaced by an installation completely different to that which we had originally agreed.

I expect that you must have received quotes from the person who did that. I would be grateful also if you would let me have copies of the quotations and copies of discussions which I suppose you must have had with that builder so that I can also understand exactly how you have arrived at your claim.

If you feel that you are unable to do this then please would you let me know and may be let me know why.

Regards

Signed

 

Please can you have a look at this. Let us know if there is anything incorrect. Anything missing, anything you would like to add.

We would like to see the finished letter before you send it off.

Am I right that the final email in which your client indicated they might take a court action was actually on the same date that you received the claim?

If not, please can you set the dates out here so that I can understand but it does seem that the last email was in the 19th and in fact you came to us on the 19th.
In the morning about 7 o'clock you posted about a dispute and then in the evening and about 11 o'clock you told us that you had received the claim form




 

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I hope I haven't mistaken the dates.

The claimant told you by email on the 19th that they would have to get a County Court and on the 20th you received the claim form. Is that correct?

What time of the day on the 20th  did you receive the email?

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You have repeated an email exchange which you have already posted up last Friday.

It's really unhelpful to make duplicate posts of substantial exchanges like this which we then have to go through only eventually to realise that you have duplicated the information.

I'm going to delete most of what you posted and if I have deleted something which wasn't originally put up then please can you point that out.

Please will you bear in mind that we are doing this for free and you have to be careful about what you post. We can't deal with reams and reams of information.

In terms of the issue timeline – I suppose I'm completely behind but I had no idea that a claim could be issued at 3:51 PM and then served by email within minutes.

@AndyOrch

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Also, I made the mistaken assumption that it would take at least 48 hours for a County Court claim to arrive. You made it clear that this did not happen this way and that it was delivered by email within minutes of being filed.

Yet on the draft letter that you have put up, you have repeated my mistake that the issue must have taken at least 40 hours.

I asked you to check the letter to see if there is anything incorrect but it seems that you have simply reproduced it without taking the time to check it.

That really is unhelpful. We need to be very careful and get everything right.

I'm going to delete your letter and I'm going to ask you to go through again and this time make sure that what you are saying is absolutely right

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I will also now like you to post up the complete claim form please in PDF format. Everything

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I do appreciate your help  Thank you.

I posted the 2 email to save you time searching through all of the others

I left in the 48 hours in order to find out what his timescales were, now removed

I still cant get onto mcol website after 2 1 hour conversations to I will need to file by email 

revised information request 25.6.24.docx complete claim form redacted.pdf redacted quote.doc

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Okay. Please stand by for a reply later on. In terms of your uploaded documents, you should be aware that Microsoft word document is generally speaking contain personal details which you are unable to see but can be examined.

You should upload your documents in PDF format.

Also, have you any idea whether they used your original toilet or whether they substituted it with something else? And would they have used any of the other materials which you supplied

 

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