Taking tradesmen to court

[Elum]

Hi everyone,

So I’m having a bit of bother with a tradesmen that did decorating work last year. There has been a defect with some wallpaper and it’s got to the point now where I’m just being ignored and I’m pretty sure I won’t be able to get him to come back to fix it without forceful action. Ha said he would be back once restrictions are lifted but after several attempts to get an actual date he just keeps ignoring my messages email etc so my question is what will happen if I serve a simple procedure and then he just ignores that also? I had an estimate from another trader a while back to sort the issue but the offending tradesmen wrote back stating that he has an item in his T&C, which he does, that states that he must be allowed to return on site and fix any issues and I can’t claim redress for it.

Any help/information is greatly appreciated.

Best,

Elum

[des8]

You refer to simple procedure so presumably you are in Scotland

perhaps ScottishSolicitor can help

[ScottishSolicitor]

How much £ is at stake? You can raise a simple procedure action quite easily yourself. He might defend it of course. Even if you get a court order in your favour you still need to be able to enforce this - this can often prove difficult. Of course if you raise an action he might offer to settle it.