Hello, I am Law Denning and I am a practising solicitor in a High Street practice. I have been an expert on this website in UK law since 2008. During that time, as you appreciate, I have answered thousands of questions from satisfied users on a variety of subjects.
Because we are all in practice with clients and court and other users, I might not always respond in minutes, particularly evenings and weekends. Please bear with me in that case It is my pleasure to try and assist you with this today. Please bear with me while I gather some further information from you in order for me to be able to advise you fully.
Unless I have all the facts that I need, my answer would not be accurate.
Did you have the missed dates in writing?
Did you tell him to get it done by a certain date or you would get someone else to do it?
Have you asked for his electrical qualifications?
How much is he claiming?
How much did you pay him?
Is he using solicitors or has he issued proceedings himself?
Do you have reports from the new builder and electrician saying that the work is poor?
Hi Law DenningThanks for your assistance.Here are some answers to your questions:
Did you have the missed dates in writing?No we didnt have this in writing. It was all verbal.
Did you tell him to get it done by a certain date or you would get someone else to do it? No we didnt. But we did tell him that we had to be moved in by a certain date (this was the 2nd date we changed) and that couldn't be changed due to rental agreement coming to an end and needed to move out of rental accomodation. (verbally)
Have you asked for his electrical qualifications?No but he informed us that he would be using a certified electrician to do the work (verbally)
How much is he claiming?Amount claimed = £9075 + interest = 9148.63 PLUS court fee £210 total £9358.63
How much did you pay him?We have paid £10,200 to date
Is he using solicitors or has he issued proceedings himself?He has done so himself
Do you have reports from the new builder and electrician saying that the work is poor?Yes we have reports from 2 other building companies (1 which we ended up go with) and also from the electrician.CheersDean
It is not small claims court if his claim is over £10,000 since 1st April. He will recover costs if he wins or will have to pay your costs if you win. The fact that you are counterclaiming can put it over that limit. However he will only get his own costs back (£18/hr)if he asks and he wins and it is over £10k. He pays yrs if he loses. He might bottle it if he knows that and it gets moved to fast track! That is in yr hands
You need an electricians report and builders and other experts reports saying what is wrong, and how much it will cost to rectify. The success or failure of yr case depends on those reports
You need to reply with a complete breakdown of events, times, occurrences and problems.
Even if you sacked him completely unreasonably (why would you do that if you were having to pay someone else more?), he is only entitled to recover his loss of profit, not be paid for a service that he didn’t provide. That includes any extras.
It appears he was originally not going to declare this to HMRC. If you can prove that. It makes his claim unenforceable for illegality.
If he quoted £15k and it costs you £19k, you can counterclaim the extra £4k from him which you had to pay.
Your defence is that he is in breach of provisions of Supply of Goods and Services Act S13, He didn’t carry out the tasks with reasonable care and skill and S14 He didn’t carry out the tasks within a reasonable period of time (evidenced by his deadline failures which made time of the essence)http://www.legislation.gov.uk/ukpga/1982/29
If he does pop his limited co sue him personally and let the judge decide if he is culpable. You can sue him personally if the Ltd Co is actually his alter ego, ie He is hiding behind the ltd co.
Does that answer the question?
Can I help further?
Please don't forget to positively rate my answer service (even if it was not what you want to hear). If you don't rate it positively, then the site keep your deposit and I get 0 for my time. It is imperative that you give my answer a positive rating. I t doesn’t give me, “a pat on the head”, “good boy” (like ebay), it is my livelihood! If in ratings you feel that you expected more or it only helped a little, please ask.
I am offline shortly until later today and will pick this up then
HiThanks for your wonderful information! I will be leaving excellent service once we have finished.A couple of things if you dont mind:- our counter claim will be below £10,000 will this keep us out of fast track for sure?- In regards XXXXX XXXXX 4 in my initial post (see below) where do we stand on that? Can you make a claim on this £1500?4. He offered us his B & Q discount trade card so we can go in and buy a kitchen at a discount. He is now claiming £1500 as a "reimbursement demand" as he puts it as it was a discount he gave to us. We went into B & Q, selected the kitchen, went through the design process with them and paid with our own debit card. Can you now make a claim on this? Sounds like he is trying it on (I Hope).
OK thanks.Final questions.So total amount in dispute is the addition of both his claim and our counter claimi.e. almost £19K?
Thanks so much!Excellent feedback left.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).