Court Claim received from builder

[Chickenbrick]

Hi,

Just received a court claim from my builder for an remaining unpaid £2.5k as part of a much larger project. I have already informed him I do not consider the payment due as I cannot deem our contract complete due to an issue with an overflowing soakaway which he installed Feb 2018 and has been asked to resolve since Mar 2018.

I have attached the particulars of the claim, which he has submitted himself.

He has made allegations that I have flooded and vandalised the soakaway but provided no evidence to prove this.

Will complete the acknowledgement of service as recommended, I intend to defend this claim and am looking for some assistance with my defence.

[james_law]

It may be the case you have a counterclaim rather than outright refusal of paying. You may have to pay as the contract is deemed to have been carried out albeit below a reasonable standard. This potentially could be your counterclaim becuase you will need to to pay for it be redone/repaired.

[Chickenbrick]

Thanks, not really what I wanted to hear but can see how that could apply. What would determine if I need to counterclaim rather than just refuse to acknowledge contract completion and therefore payment being due?

Would the contract still be deemed to have been carried out if the builder had not followed the specifications provided?

[ostell]

That interest looks wrong. I think it should be 55p perday.

[Chickenbrick]

Good spot... is the interest paragraph automatically added or something the claimant has added themselves?

[Chickenbrick]

Been reading through other POC's today and it seems they are mostly detailed well and quite specific.. Whilst the POC I received seems quite badly constructed, makes allegations without any reference to evidence and doesn't even mention the contract from which 'the money is owed to my company for building works completed' Would the court request further information or should it be referred to within the POC.

[Chickenbrick]

Not intending to cross post but have posted a further question in the courts forum which might be a better location.