Urgent help requested

[riverwalker]

Hello, I'm posting on behalf of a relative who has received a court claim. The relative is elderly and disabled and very frightened by this situation. I'm unwilling to post details publicly but would be very grateful if someone here could help - I have no legal knowledge but am trying to build a defence and would very much appreciate guidance. No one in our family is in a position to afford hiring any kind of legal help, we are mostly of pension age with no other income. I have all the relevant paperwork (I think) and have already started to write a defence. If it is helpful to know, this case is not a bank loan/credit card/parking ticket issue.

Received a claim? Yes
Issue Date: February 2020
Have you Acknowledged the Claim?: Yes
Total Amount Claimed : 800
Claimant’s Name:
Solicitors Firm:
Original Creditor:
Original Debt*: 700
Particulars of Claim:*
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No
List any letters you have sent (eg: CCA/ CPR ):
Any Other Information or Background Details:
*

[MIKE770]

cannot comment on lack of information.//. who?* solicitors?? what it is all about ?? * unless we know what this is all about then sorry we cannot guess/advise, another thing we state no identification numbers/names so next move?

[riverwalker]

The claimant doesn't appear to have a solicitor, my relative can't afford one. The amount claimed is the bill for repairs to a house that were not carried out professionally and caused further damage - therefore it wasn't paid, hence the court claim. I'm unwilling to publicly publish much more as my relative already feels that they have been intimidated by the claimant, so I'm sure you can understand my reluctance. After reading a number of posts on this forum I understood that it was sometimes ok for peoples issues to be discussed in further detail in private messages, is this not the case ? If it's not then I apologise. All I really wanted was for someone with knowledge I don't have to take a look at what I had compiled as a defence and make sure that I was on the right track.

[pt2537]

The claimant doesn't appear to have a solicitor, my relative can't afford one. The amount claimed is the bill for repairs to a house that were not carried out professionally and caused further damage - therefore it wasn't paid, hence the court claim. I'm unwilling to publicly publish much more as my relative already feels that they have been intimidated by the claimant, so I'm sure you can understand my reluctance. After reading a number of posts on this forum I understood that it was sometimes ok for peoples issues to be discussed in further detail in private messages, is this not the case ? If it's not then I apologise. All I really wanted was for someone with knowledge I don't have to take a look at what I had compiled as a defence and make sure that I was on the right track.

Private messages generally dont help, no one can check the advice you are receiving.

Better to deal with issues on the forum in my opinion.

Anyway it seems a straightforward case, if it was repairs on a house the trader has a duty to carry out the repairs with reasonable care and skill, this is an implied term in any contract between a trader and consumer. If they failed to carry out the repairs with reasonable care and skill it would be a breach of contract and you would be able to use that to defend the claim

[riverwalker]

Would this still apply if there was no written contract for the work ? The claimant stated on the court paperwork that no damage was done and that my relative has refused to pay. This has been going on for some time - a negotiation was attempted by my relative initially but the claimant didn't respond. Then, after no contact from the claimant, my relative has received a number of solicitors letters (from different firms) on behalf of the claimant - all ended up not pursuing the case. Now a court claim. My relative is very stressed by this and I'm doing my best to try to help.

[pt2537]

yes the Consumer Rights Act 2015 covers most consumer trader relationships. I must admit with the limited info it is hard to advise but yes in principle it would

[riverwalker]

Thank you for your time and responses. What info would you need in order to help further ?