Builders Invoice Court Claim, please help!

[GuyB]

Hi, I have been served with a Court Claim in respect of an invoice from my builder (over £10,000). He walked off a significant renovation job without fully completing it telling me (by email) to seek to complete the project with another contractor. Over a year later with no contact from this builder I received an invoice which I disputed immediately. 7 days later a Debt Collection Company started to pursue me. After three months and me providing them with significant evidence to substantiate my position they backed off. This Court Claim has come out of the blue after almost another year. The builder, and his Debt Recovery Company have never answered my requests to clarify how the builder has come to the amounts within the invoice as they are either never agreed as in addition to the agreed works or inflated priced from those agreed as extra works. Furthermore, I have deducted the cost of me completing and rectifying works.

Please help, I intend to defend this claim. The Particulars of Claim are muddled and the real dispute is the invoice, the POC appear to be stating timelines of the build not addressing why they think I owe them money. I did write to the Solicitor requesting disclosure of all evidence he intends to use to substantiate his clients claim, but he has refused. I am also concerned they they are trying to use a 12 month rule for 'snagging' as there was significant faults and incomplete works.As the Builder told me to find another builder, surely this constitutes him terminating his contract and therefore why would I go back to him for snagging and he has never contacted me since.

[GBExile]

Amethyst - Any thoughts on the response received to my CPR 18 and 31.14?

I do not know Amethysts mindset but if I was you I would back off the claimant & the solicitor now.

Your defence is completing the works left unfinished by the claimant cost you X amount in works supplied by 3rd parties & organising the completion of the unfinished works cost you Y amount in costs.

Arguing if it is the limited company or not will leave you liable for a future claim from whoever the person/ltd company that you accuse of being the original contract holder.

IE you say its the limited company who had the contract... OK then so the limited company can launch a new claim because you have recognised it. OR you say its the sole trader that had the contract.. OK then so the sole trader can launch a new claim by your own admission.

You need to stick to one defence & that is the costs of him walking away far outweigh the costs of his claim. Ensure you have a detailed log of costs incurred to ensure those logs cover the claim amount & counter it with the personal costs of dealing with him walking off the job.

If your maths do not add up then the judge may expect you to pay the difference & more if you are view as embellishing your costs.

For example: Spreading stones on your driveway is not a £160 per day job. Its a labourers job @ between £80-£120 per day wherever you live in the country.

Labourers are not paid £20 per hour.

[GuyB]

Amethyst - Any thoughts on the response received to my CPR 18 and 31.14?

[GuyB]

Part 31.14 request and response.

[GuyB]

CPR 18 response..docx Here is the Part 18 request and the response. 31.14 to follow.

[Amethyst]

I have now received a response which basically states. 'the reference to 'periodic invoices' is a reference to requests for payment made verbally. So there are no actual invoices (documents) to disclose. I can post the response but need to take out some personal info.

Was that the response to the part 18 or the part 31.14 ? Might help if you can post it ( sans personal info of course)

[GuyB]

The final invoice was the first and only written invoice, arrived 12 months after the builder walked off, then threats from Debt Recovery 7 days later......but had loads of entries for extra works that were either never agreed as extra or inflated from agreed costs.

[pt2537]

Utter dogshite, paragraph 8 of the pleadings refers to a final invoice, was that verbal too? Pft they are pulling the chain, id part 18 them with a proper set of questions so that you are clear what their case is, because at the moment youre fighting something that you dont know what youre fighting

[GuyB]

I additionally under CPR 31.14 asked for clarity of how certain elements of the disputed invoice were calculated as many have been inflated from agreed prices and other just completely new costs never agreed to as extra. The response was flannel to the effect that there has been lots of correspondence between the Defendants and the Claimants Debt Recovery Agent....albeit the actual question of how did you calculate this amount has never been answered and the price invoice certainly was never agreed.

[Amethyst]

They aren't 'periodic invoices' then are they so their Particulars are simply wrong
2019-01-28 16_08_52-Start.png

Should read more like....

5.2 Monies would be requested verbally periodicially during the continuation of the works and these requests would be paid by the Defendants at the relevant time.

5.3. Payments of these periodical requests would be due within 7 days of the verbal request being made.

6. On a true construction of the Contract, the Defendant was obliged to pay anything the Claimant verbally requested him to, for costs incurred, within 7 days of the date the verbal request was made.

( doesn't have quite the power of the original does it ? )

Maybe go back and ask for the dates and amounts of the 'verbal requests' and point out their case appears to rely on non-existent invoices.

[GuyB]

I have now received a response which basically states. 'the reference to 'periodic invoices' is a reference to requests for payment made verbally. So there are no actual invoices (documents) to disclose. I can post the response but need to take out some personal info.

[pt2537]

So...7 days have passed since I sent separate request for further information and documents in accordance with CPR 18 and CPR 31.14. Should I send a reminder or just mention this in my defence?

If you have requested documents mentioned in the Claim then they should provide them as long as you have asked for a copy in accordance with the procedure set down in rule 31.15

If they dont then you have to think about whether to apply to the Court for an order or not,.

[GuyB]

So...7 days have passed since I sent separate request for further information and documents in accordance with CPR 18 and CPR 31.14. Should I send a reminder or just mention this in my defence?

[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

[GuyB]

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