Particulars of claim help needed

[HannahHerts]

I am claiming against a cowboy builder on the small claims track.

What do I need to put in the particulars of claim? I'm not sure how much detail to include - I don't want to include too much or too little.

Also, I'm currently drafting my witness statement while it is all fresh in my memory. Again, how much detail should i put in this?

I was thinking of including all the email and text correspondence I had with the builder as an annexe - there is quite a lot, but I don't want to miss anything out. Is this a good idea, or should I just include the emails I think may be relevant (but I won't know until later what arguments or factors he will be referring to in defence).

Sorry if others have already asked this, or if there is a template somewhere i would be happy to be directed towards it.

[des8]

Re: Particulars of claim help needed

CPR16 (https://www.justice.gov.uk/courts/pr...l/rules/part16) and Practice Direction 16 (https://www.justice.gov.uk/courts/pr...rt16/pd_part16) are your guides

For your particulars of claim you need to put in the bare details. and it should follow the format:

• This is who we are
  Explain who each party is in the dispute.
• This is what happened
  If your claim is for breach of contract, explain when and how the contract was made.
  If your claim is for breach of statutory duty (breaking the provisions of a specific piece of legislation eg Consumer Rights Act 2015,.mention it
• This is what the problem is
  Explain succinctly what has gone wrong and list the breach(es) of contract and/or statutory duty.
• Explain how this has affected you
  eg you have lost money , paid to correct poor workmanship

• • And this is what I want done about it
    Explain what you want done to put it right and then list the remedies you are seeking again in a list beginning 'AND THE CLAIMANT CLAIMS.....'.
    If you want compensation the word 'damages' is used.
    If you want something done by the other side and are seeking a court order to make them state that this is a remedy you are seeking and if at all possible supply a draft court order on a separate sheet.
    Remember to ask for 'Interest on any sums found to be owed to the Claimant' if money is owed to you;
  • Complete with a statement of truth

Witness statement is not required at this juncture (although it is worthwhile sorting it while the events are fresh in the memory.

[HannahHerts]

Re: Particulars of claim help needed

Many thanks. I will get quotes from other builders to work out the damages, but I will be still left with some of the work that is just about OK but poor quality, e.g. brickwork looks untidy.

Can I ask for anything for this? If so, how do I calculate it?

[charitynjw]

Re: Particulars of claim help needed

Approx how much is the claim?

Over £10k could be a problem, as it would be above the SC limit.

[HannahHerts]

Re: Particulars of claim help needed

If it goes above £10k I will restrict it to £10k to keep it on the small claim track.

[des8]

Re: Particulars of claim help needed

Many thanks. I will get quotes from other builders to work out the damages, but I will be still left with some of the work that is just about OK but poor quality, e.g. brickwork looks untidy.

Can I ask for anything for this? If so, how do I calculate it?

I really don't have a clue about how one would quantify damages for "untidy" brickwork!
If it wasn't up to specification, I suppose one would have to think about cost of replacement, but for untidy.........?

[HannahHerts]

Re: Particulars of claim help needed

CAB suggests asking for a discount, but don't state a figure.

https://www.citizensadvice.org.uk/co...out-a-service/

[des8]

Re: Particulars of claim help needed

When in court you don't "ask for a discount": you quantify your damages caused by poor workmanship.

In post one you asked for advice about wording "Particulars of Claim" but in view of your last postings could you advise:
What is actually wrong with the build?
Have you yet spoken to the builder about the work?
Have you issued a "letter before Claim?

[HannahHerts]

Re: Particulars of claim help needed

I've been through help from CAB and have done a few lbcs. Of course I have spoken to the builder, but he blames everyone else (council inspector for being an idiot, architect for faulty drawings, and me for asking questions that challenge what he perceives as his own excellence.

Lots of things wrong, council want some of it demolished, but the remaining brickwork is poorly done and looks blotchy.

I'll be filling in the court paperwork shortly, but don't want to start until I've though through the whole process.

[des8]

Re: Particulars of claim help needed

When you get quotes from other builders for the correction works, ask them to include the poorly built brickwork.
If it is not of an acceptable standard it needs to be rebuilt.

If you had a decorator in who hung the wall paper "off true" you could claim for it to be stripped off and replaced.
The same should, IMO, apply to bricks that are poorly laid.
(Depends I suppose on how poorly laid!)