Builders Invoice Court Claim, please help!

[Amethyst]

I did send an email to the solicitor last week asking for full disclosure of all evidence he intend to use to substantiate his clients claim. He refused, saying that I was trying to waste time and cost his client more money.

Was that before or after the claim was issued ?


The document exhibited at POC3 is a breakdown of payments made. Do they add up to £150,000 or £153,033.06 ? In the POC they say you made payments of £150,000.

Contracted Amount: £150,000
Contracted Works Paid: £129,000

The original quote was £150,000

Was the £3033.06 for agreed 'extra work' over and above that agreed.

But you put you had paid £129,000.

Your defence ( your counter invoice ) seems incredibly reasonable. What does the additional work you agree with ( that wasn't already covered 3,033.06 ) come to ?

Also can you explain the VAT situation on some items please - ' he believed the VAT would cover it ' and ' Half the VAT put through xxx Building Services '

Was your contract with his company ? and payments made to his company ( and that is VAT registered )

He then proposed you paid for the kitchen, windows, bathroom but had the invoices made out to him so he could reclaim the VAT and set that off against your bill ? ( or set half off against your bill ? ) Is the £6254.84 half the VAT you'd paid on the kitchen, windows and bathroom ?

[GBExile]

I take it you have all the invoices & payment details of the workmen who completed the job?

[GuyB]

Hi Amethyst, Sorry did not see your post.

I actually payed £129,00 by bank transfer in installments throughout the job. Their were certain allowances the builder made for materials in his original quote of £150K, which I paid for direct with suppliers and so he has allowed for these against the total. It was him that came up with the total payment to date against the original £150K was £153,033.06.

The contentious area is the amounts he has invoiced me for extra works. Some were agreed as extra but he has subsequently increased many of those prices and others were never articulated as extra but I would have reasonably expected them to be part of the 'complete job' and the £150K.

Furthermore, at his suggestion, he agreed that if I had invoices made out for windows, kitchen and bathroom fittings that he would credit my account for half the value of the VAT. His final invoice makes no reference to this and he appears to wish to renege on this agreement.

You will see from my correspondence to the builder via his Debt Collection agent that I have asked for reasonable explanation of how he has calculated costs that now appear inflated. He has never responded to these requests.

Then after no commutation for 12 months, out of the blue Court Proceedings!

Yes my agreement was with his company that is VAT registered. But he appears to be taking action as an individual? And yes the £6254.84 was half the VAT I had paid on the kitchen windows and bathrooms.

[GuyB]

GBexile, Yes I have receipt for materials and invoices for labour where this was done professionally. Where I have carried out manual work such as decoration or spreading 4 tons of shingle to make good the front drive I have charged a reasonable day's labour of £160. Some rectification works are yet to be completed such as the shower as this is £6K and I am waiting for my mortgage to come up for re-negotiation to pay for this,

[GBExile]

GBexile, Yes I have receipt for materials and invoices for labour where this was done professionally. Where I have carried out manual work such as decoration or spreading 4 tons of shingle to make good the front drive I have charged a reasonable day's labour of £160. Some rectification works are yet to be completed such as the shower as this is £6K and I am waiting for my mortgage to come up for re-negotiation to pay for this,

Make sure you measure up & price the works for the shower if you cannot provide professional quotes.

IE Tiling = £££ per square metre, plastering = £££ per square metre + costs of materials & shower (plus installation) etc.

You can get average prices per square metres off the net.

You cover all angles by doing this. PLUS add on all incidental expenses incurred from him walking away from the job. IE time & calls etc finding new contractors.

[GuyB]

GBexile I have a professional quote and a letter to say that the shower has not been fitted in accordance with the manufacturers specification. I have additionally offered that the builder is at liberty to arrange for another quote from an Impey Installer. If this quote is for less, the builder can pay for the rectification works and I will remove this from my counter invoice....this was over a year ago and no response! I have tried to be reasonable but to no avial.

[GuyB]

I have sent request for further information and documents under CPR 18 and CPR 31.14 as suggested. I have asked the periodic invoices, copies of any quotations/agreements for the extra works and a full response to my Annex D which challenges each and every amount included in the invoice. The solicitor has acknowledged this request and said he will "take instructions and will respond shortly'

I have nearly finished a draft Defence and Counterclaim. If I post with personal information redacted can anyone have a look please?

[pt2537]

Yes my agreement was with his company that is VAT registered. But he appears to be taking action as an individual? And yes the £6254.84 was half the VAT I had paid on the kitchen windows and bathrooms.

Are you saying that you contracted with his company? it seems you are but i wanted to be clear? And if so, was his company a limited company? If it was, then he cannnot pursue you in his individual capacity and as such id be considering striking out the Claim, as i cant see how it could continue

[GuyB]

Thanks PT2357. Yes I am contracted with his company and the invoice is from his company. He is VAT registered but not LTD Company....so I believe he can issue proceedings as an individual sole trader???

[Setmefree3]

Extract from this is money.

For sole traders, the administrative burden and the bureaucracy associated with running the business are much lower. There is less paperwork and no requirement to file annual accounts.

However, such flexibility comes at a cost. Because the sole trader and the business are not separate entities – as said, the business is the owner – the sole trader’s personal assets and the business’s assets are not separate as well. It is all in one pot.

[GuyB]

Thanks. So if I were to counterclaim which is my intention, his personnel assets and business assets are are not separate.

[Setmefree3]

https://www.thisismoney.co.uk/money/...le-trader.html

[pt2537]

Thanks. So if I were to counterclaim which is my intention, his personnel assets and business assets are are not separate.

If you were to get Judgment, then you could instruct High Court enforcement who could then sieze his assets, personal or business if he is a sole trader, yes.

[GuyB]

I have attached my first draft Defence and Counterclaim. Grateful for any suggestion/comments.

[pt2537]

I have attached my first draft Defence and Counterclaim. Grateful for any suggestion/comments.

Im not sure you satisfy CPR 16 and Practice Direction 16 there with that. You deny an allegation but you dont put forward a positive statement of the facts upon which you rely, this is a requirement of the rules

Second i couldnt work out where the counterclaim starts, it isnt set out in the way you would expect it to be