Defending a Claim with Vague and Incoherent Reasons

[BigJ]

I've received a money claim from a tradesman who I have refused to pay on the basis of there not being a contract (he was asked to quote for a job, not to do it) and the work he did without my agreement was not done with reasonable care and skill (not least defect returned the next day), nor is the amount he demanded reasonable (i.e. Consumer Rights Act 2015).

Section 3 of the Claim contains:

3.1. The customer tried to haggle and ask for 50% off the bill as he believes
the job was not completed to" consumer rights 2015".
3.2. I have completed the job diligently and only charged a basic fee.
3.3. I have supplied my usual quality parts of which I have had no complaints.
3.4. The customer has lied, saying I did not ask permission to install the lock,
but his wife said to change it without asking for a price beforehand, I charged
my basic rate that could have been more.
3.5. Mr. <my name>, wanted to supply his own lock cylinder and I declined
because it would have no warranty , i cannot guarantee his parts.

My question is do I set out my defence of no contract, Consumer Rights etc. or should I just deny the debt and address only these claims?

Thanks, John

[echat11]

Hi Big J

The first thing to do is Acknowledge the Claim, you can do that online, which gives you 28 days to file your Defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

How much is the claim for? For him to start the work, he must have been told o.k. go ahead at some point. (I understand things can get 'muddled' with today's busy lives). If you asked for a quote, you should waited until you received the quote, before he started the work.
I'd personally go with Consumer Rights Act 2015, a lock has bee fitted.

Other will have thoughts on this too.

[EnglandPi]

I can see this costing you a lot more than his bill, I would suggest you pay his bill, which will save you time and money. Wharever the circumstances he did the work and needs to be paid something for it,

[BigJ]

Hi Big J

The first thing to do is Acknowledge the Claim, you can do that online, which gives you 28 days to file your Defence.

https://legalbeagles.info/library/gu...ledge-a-claim/

How much is the claim for? For him to start the work, he must have been told o.k. go ahead at some point. (I understand things can get 'muddled' with today's busy lives). If you asked for a quote, you should waited until you received the quote, before he started the work.
I'd personally go with Consumer Rights Act 2015, a lock has bee fitted.

Other will have thoughts on this too.

Thanks for the response echat11. Yes I've acknowledged it and started drafting my defence.

The claim is for £260. He did not get an ok to start the work. I wasn't there to stop him doing the work (instead of providing the quote) and my wife who let him in thought he was preparing a quote until he surprised her with a statement that the work was done...

[BigJ]

I can see this costing you a lot more than his bill, I would suggest you pay his bill, which will save you time and money. Wharever the circumstances he did the work and needs to be paid something for it,

Thanks, but I won't be doing that as the work was not agreed, nor would I have agreed to the approach taken or the price charged had I had the opportunity to do so. Furthermore the work was defective.

My question was do I respond only to the claims provided or do I fully defend the claim as though it was full and complete.

[EnglandPi]

By all means stick by your principals as long as youre aware that by doing so it could cost you even more money.

Your best defence would be to deny the particulars of claim and counterclaim.

[BigJ]

By all means stick by your principals as long as you’re aware that by doing so it could cost you even more money.

Your best defence would be to deny the particulars of claim and counterclaim.

That's my point though the particulars of the claim (as in my first post) don't set out what I owe or why (i.e. Civil Procedure Rule 16.5 (4)).

FYI even if there had been a contract, the claim was issued before I would have been in breach - i.e. I was given 7 days to pay and claim was filled 6 days after date of invoice.

None of the pre-action conduct or protocols have been followed, the claimant has ignored my offer to use and ADR service.

I'm not sure what/why I'd counter-claim?

Regards, John

[EnglandPi]

I would suggest you seek professional legal advice a,s,a,p,

[BigJ]

I would suggest you seek professional legal advice a,s,a,p,

That seems excessive, surely the point of the small claims court is these issues can be dealt with without expensive legal fees. I should be able to defend myself against a rogue trader without needing a solicitor or barrister to represent me.

Regards, John

[efpom]

Bare bones defence.

1. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.
2. The Claimant is a ‘Trader’ and the Defendant is a ‘Consumer’. See e.g. Consumer Rights Act 2015 at 2 (2) and (3) respectively.
3. This claim appears to be a claim for a debt due in contract.
4. The Claimant did not comply with the Pre-Action Protocol for Debt Claims.
5. The Claimant is set to his strict proof of the existence of, and the terms of any contract he asserts he entered into with the Defendant.
6. The Claimant is set to his strict proof of his compliance with Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
7. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signature Date

[BigJ]

Bare bones defence.

1. Each and every allegation in the Claimant’s statement of case is denied unless specifically admitted in this Defence.
2. The Claimant is a ‘Trader’ and the Defendant is a ‘Consumer’. See e.g. Consumer Rights Act 2015 at 2 (2) and (3) respectively.
3. This claim appears to be a claim for a debt due in contract.
4. The Claimant did not comply with the Pre-Action Protocol for Debt Claims.
5. The Claimant is set to his strict proof of the existence of, and the terms of any contract he asserts he entered into with the Defendant.
6. The Claimant is set to his strict proof of his compliance with Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
7. It is denied that the Claimant is entitled to the relief as claimed or at all.
Statement of Truth
I believe that the facts stated in this defence are true. I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
Signature Date

Thanks efpom, I came across Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 last night and was intending to issue a written notice of cancellation this morning as I am within the 14 days, however I believe that would be extended as the claimant did not provide the required information.

Regards, John

[EnglandPi]

That seems excessive, surely the point of the small claims court is these issues can be dealt with without expensive legal fees. I should be able to defend myself against a rogue trader without needing a solicitor or barrister to represent me.

Regards, John

I never suggested being represented I just said seek advice. You need to read whats written and not what you think is written.

[efpom]

The cancellation period does not begin until the trader supplies the information. See r 31 http://www.legislation.gov.uk/uksi/2013/3134/regulation/31/made
Therefore you are not placed to serve any notice of cancellation and to do so might compromise your position under r.36 which is that if a contract exists, the trader is not entitled to payment under it, until he complies with his obligations to provide the information. See r.36(6)
http://www.legislation.gov.uk/uksi/2013/3134/regulation/36/made
As the trader is not yet entitled to payment because of his failure to provide the information, but has nevertheless issued a claim for payment, the claim falls to be struck out. That would be one element of your submission to the court if the claim goes to trial before the information is provided.
It is not for you to advise the claimant of his obligations to comply with the regulations. In my ‘bare bones’ defence, you simply set him to his proof that he has complied with his obligations under the regulations.

[BigJ]

The cancellation period does not begin until the trader supplies the information. ... snip...
It is not for you to advise the claimant of his obligations to comply with the regulations. In my ‘bare bones’ defence, you simply set him to his proof that he has complied with his obligations under the regulations.

OK So I should simply respond with the bare bones defence then and leave him to prove a contract that meets the requirements of the law?

Thanks again efpom.

Of note another tradesman carried out the repair I actually wanted yesterday and they were amazed to hear my story, they showed me that the part the was supposedly serviced in the alleged repair was not serviceable (it's a sealed unit, designed not to be opened). I have taken photographs and retained the part as evidence with respect to the Consumer Rights Act.

Thanks, John

[efpom]

On your question - that would be my advice.

On the repair yesterday - do try to get a written statement from the tradesperson who did the repair.