• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Defending a claim or counterclaiming?

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Defending a claim or counterclaiming?

    A builder has taken out a claim against me as I have not paid his bill due to damage to our property (which he is denying.) Do I need to make a counterclaim in order to legally be able to withhold payment? I thought that I could merely defend not paying in response to his claim (without making a claim myself). Is that okay? I'm not paying him because he didn't do what we agreed, didn't take reasonable skill and knowledge, didn't advise of any risks to our property of doing the work (so that we could make an informed decision of using his services or not), and did deliberate damage.
    Tags: None

  • #2
    put to one said the question of his claim against you. Do you have a claim against him? What has been the effect of the "deliberate damage", and what has it cost to put right?
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      The builder has done damage to huge sections of lime plastering on victorian walls. Lime plastering is prohibitively expensive to replicate. The cost of doing this would far exceed his £4k claim and we would not be able to afford it ourselves. We've had to re plaster with modern methods (including reinforcement mesh to fix the damage) and all of the damage has cost about £2.5k (although we are very upset not to have the original Victorian lime plastering any more). It would have taken too long to see if we would be successful in a claim against him to reinstall the lime plastering as our house would have been in unliveable disrepair for months. At one point, he wanted to return to assess the job again himself. He then proceeded to remove the ceiling coving of a whole room without having any reason to do so and no permission. We have had to pay to have this reinstalled.

      Comment


      • #4
        You appear to have a counterclaim.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

        Announcement

        Collapse
        1 of 2 < >

        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
        2 of 2 < >

        Support LegalBeagles


        Donate with PayPal button

        LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

        See more
        See less

        Court Claim ?

        Guides and Letters
        Loading...



        Search and Compare fixed fee legal services and find a solicitor near you.

        Find a Law Firm


        Working...
        X