Builder ( Bricklayer) A money claim against me ( non payment)

[Christinac75]

Hi

Firstly, thank you for any supporting advice you are able to offer.

Yesterday, I received a Money Claim against me (from a bricklayer which was hired to do some work, an acquaintance that has done some work for me before and was paid for) which I have 14 days to respond to.

The work ( repoint stonework with lime mortar)was of very poor standard and as a result has also caused some damage to the walls and flooring.

After many tears ( I was so upset) after the work had been completed ( I couldn’t believe what he had done, it was definitely not we had discussed in person and with pictures) I have hired another Contracter ( stonemason) to correct the work ( basically starting over again removing all the pointing which was done using the wrong materials) and has sadly given him extra work.

I haven’t paid the invoice sent ( hence the money claim).

I wish to defend this claim and possibly counter claim for damages ( using all the evidence I collated:

Photographs.

Recording of a conversation after the work had been completed ( He admittedly agreed the work ( areas of) could have been done much better.

A follow up email following a phone discussion taken place for advice from a leading Master of Bricklayers ( a professor in teaching).

A mini statement from the current stonemason that had taken over the job.

My defence would be based on:

• The money was for some goods or services where there was something wrong and it's not right that you should pay.

Do I have a strong case for a defence?
Is there anything else I should consider to strengthen my case?

Thank you

[Pezza54]

You should confirm receipt of the money claim and state you intend to defend the claim in full.
Was it MCOL or did you receive a paper N1?
If you received the Particulars of Claim you have 14 days to file a defence. A copy of the Defence should be sent to the claimant.
How much is the claim for? If it is under £10k it should be allocated to the small claims track.
Do you intend to write the Defence yourself?
You have obtained good evidence which will produce a strong defence. In particular the photos before the defective work was made good.
If the work to put right the defective work is costing you more than the original quote you should consider making a counter claim.

[Pezza54]

Your defence and any counter claim should be based on CRA 2015 Section 49. The trader failed to provide reasonable care and skill when carrying out the service.

[atticus]

MCOL= Money Claim On Line

CRA2015 = Consumer Rights Act 2015. The OP should see also sections 54 to 56.