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I would like some help with wording a defence.
I have received an N1 claim form.This situation arose following a dispute with a builder.
The contractor admitted making mistakes but wanted me to pay extra to have the work rectified.
When I refused to do this and refused to make an interim payment (which was equivalent to the original quote) the contractor passed the matter over to a DCA to handle the matter on his behalf.
The DCA added £100 for the privilege even though there was no contractual clause allowing them to do this and the £100 is included in the claim.
I found it was impossible to negotiate with the DCA as they constantly denied my allegations and threatened court action on at least half a dozen occasions unless I paid in full.
When I tried to contact the contractor to resolve, he just passed my letters to the DCA. I felt I had no alternative but to sit tight and wait to see if they took me to court and they have.
There were no payment terms and conditions agreed with the contractor at the outset. Just a formal quotation for work. Thus payment would have been made upon completion to a satisfactory standard within a reasonable time-scale.
After 5 months I had to get someone else in to rectify and complete the job, but the work has cost me almost double the original quote from the 1st contractor.
The N1 form is signed by the claimants solicitor.
I want to defend and counter-claim but I have never been in this position before and would like some advice.
The POC says:
The claim is for £600.00
a) services supplied by the claimant to the defendant at the request of the defendant, plus debt collection costs, details of which have been sent to the defendant.
b) The claimant claims the further sum of £XX.XX in respect of interest pursuant S69 county court Act 1984 at a rate of 12.75%
from 6th June 2014 to the date hereof
- 270 days together with the late payment compensation pursuant to the above act in the sum of £0.00
c) The claimant also claims statutory interest at the above daily rate of £0.23 from the date hereof to payment or Judgment whichever is the sooner.
d) Costs
How should I respond?
I have received an N1 claim form.This situation arose following a dispute with a builder.
The contractor admitted making mistakes but wanted me to pay extra to have the work rectified.
When I refused to do this and refused to make an interim payment (which was equivalent to the original quote) the contractor passed the matter over to a DCA to handle the matter on his behalf.
The DCA added £100 for the privilege even though there was no contractual clause allowing them to do this and the £100 is included in the claim.
I found it was impossible to negotiate with the DCA as they constantly denied my allegations and threatened court action on at least half a dozen occasions unless I paid in full.
When I tried to contact the contractor to resolve, he just passed my letters to the DCA. I felt I had no alternative but to sit tight and wait to see if they took me to court and they have.
There were no payment terms and conditions agreed with the contractor at the outset. Just a formal quotation for work. Thus payment would have been made upon completion to a satisfactory standard within a reasonable time-scale.
After 5 months I had to get someone else in to rectify and complete the job, but the work has cost me almost double the original quote from the 1st contractor.
The N1 form is signed by the claimants solicitor.
I want to defend and counter-claim but I have never been in this position before and would like some advice.
The POC says:
The claim is for £600.00
a) services supplied by the claimant to the defendant at the request of the defendant, plus debt collection costs, details of which have been sent to the defendant.
b) The claimant claims the further sum of £XX.XX in respect of interest pursuant S69 county court Act 1984 at a rate of 12.75%
from 6th June 2014 to the date hereof
- 270 days together with the late payment compensation pursuant to the above act in the sum of £0.00
c) The claimant also claims statutory interest at the above daily rate of £0.23 from the date hereof to payment or Judgment whichever is the sooner.
d) Costs
How should I respond?
