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.
Defending a claim or counterclaiming?
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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
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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.
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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
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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.
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