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Received claim form for disputed cost of building work

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  • Received claim form for disputed cost of building work

    Hello all,

    I received a County Court Claim today for an amount (under £5k) claimed by a building firm that did some work for me at the end of last year.

    The builders originally provided a quote which I accepted (around £1.5k). During the works our requirements changed (the main portion of which was at the builder's suggestion). At this point we asked for a revised quote but did not receive one, even though I continued to ask and was reassured that it would be forthcoming. It never appeared. Following that an invoice arrived for about £3.5k, which I paid.

    The work was then 'finished' - the builder who was actually physically doing the work basically told us that that was all he had been asked to do by the firm. It was not completed to my satisfaction and there were several major things that I had asked for that were not done. A second invoice then arrived for the amount they are now claiming, which remains unpaid.

    Apart from the first quote, and an email from the builder saying it was no longer valid, all agreements were verbal, there was no paperwork or contract or valid quote or payment schedule, or any agreement on my part to the sum that they are claiming. At this point I told the manager that the work was not done correctly and I would not pay the bill until there was some resolution to this (either that the bill was reduced or the work was done). I listed all the things that still needed doing - which were things that I had asked about all through the building process and was reassured that they would be done. Then everything went cold and there was no further contact from them for some weeks.

    Then about 6 weeks ago I had a letter and a follow-up call from their solicitors asking me why it had not been paid. I told them that I was disputing it and there were several things that had not been done (which they were aware of). They hadn't told their solicitor that this was the case, and their solicitor rang me back the next day and told me that he'd had it put 'on hold'.

    So now I have the claim form, so they have obviously taken it further without approaching me for any resolution. Now, before I go to the trouble of hiring a solicitor (I did attempt to hire one when the builders' solicitor's letter came), I would just like some general views on the above and the likelihood of it being enforced. I am willing to pay them *some* of this money - they know this - but they have not tried to resolve this with me before taking action.


    The other thing is the form itself. It arrived as a photocopy of the original, but is so faint that on the reverse, the information under 'Particulars of claim' cannot be read. What is the best thing to do about that?
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  • #2
    Re: Received claim form for disputed cost of building work

    The other thing is the form itself. It arrived as a photocopy of the original, but is so faint that on the reverse, the information under 'Particulars of claim' cannot be read.
    This sounds odd. Courts send out originals not photocopies.

    Is there a claim no.
    Is there a court seal (stamp)
    Is there a password for you acknowledge the claim on-line

    Comment


    • #3
      Re: Received claim form for disputed cost of building work

      Which County Court is it from? If it's not from MCOL in Northampton there shouldn't be a password.
      Do you still have the envelope?

      Comment


      • #4
        Re: Received claim form for disputed cost of building work

        Hello, thanks for replying.

        Yes, there is a sticker with a barcode on top of the box that says Claim No., plus a county court stamp - Northampton CC and one that says County Court Money Claims Centre. There is no password. Postmark is Salford. There is an accompanying form from HM Courts & Tribunal Service to return to CCMCC Salford, this also has the same sticker with barcode on it. There is also a section on the photocopied Claim Form that says "You must indicate your preferred court for hearings here" which is blank.

        Comment


        • #5
          Re: Received claim form for disputed cost of building work

          We are builders and we lost a lot of money to a client on a scam called a unenforceable contract because we didn't give them a 7 day cooling off period and this law came in in 2009 it didn't go down very well the client the scrout said we went to there house when in fact they brought the drawings to the yard but we couldn't prove it :beagle:

          Comment


          • #6
            Re: Received claim form for disputed cost of building work

            Originally posted by hush puppy View Post
            We are builders and we lost a lot of money to a client on a scam called a unenforceable contract because we didn't give them a 7 day cooling off period and this law came in in 2009 it didn't go down very well the client the scrout said we went to there house when in fact they brought the drawings to the yard but we couldn't prove it :beagle:
            Thanks - I didn't know about that. I had no contract at all (apart from a verbal agreement of the work but not the cost), but I'm sure they wouldn't have given me a cooling off period anyway :/ In any case I am wondering how they can enforce the 'debt' through the court system.

            Comment


            • #7
              Re: Received claim form for disputed cost of building work

              we went to court and lost due to the unenforceable contract and it was best part of 200k and this scrout was a friend

              so who needs enemies if you need any help just ask :wub:

              Comment

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