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Hi - have just come across this forum and hope that someone may be able to give me some advice.
Employed builder to carry out extension/building works in Auugust 2017 and had a payment schedule which staggered payments up until Christmas 2017. Building carried on into 2018, so payment schedule also got prolonged. In April, builder stopped work, partly as my Mum was seriously ill. However, he did not return until November 2018, even though I continually texted/emailed him asking when he was coming back and he kept fobbing me off. He came back for 1 day and then did not return again. I was angry, frustrated and decided to look for new builder to complete works. Finally found one who started work in January 2019. In February, original builder invoiced me for remaining outstanding monies, as well as to pay for extras that he carried out. I was not prepared to pay any more as he had not completed work and should have refunded me some money as I had all but paid him apart from £2,250 and the monies that should have been credited totalled £5,250. Ended up going to court on 5th September and Judge adjourned case as both claimant and myself had made errors in our evidence and gave us another 2 weeks to submit bundle in correct format. He did, however, strike out my counter-claim for above monies (and money that should have been credited) but went on to tell me that these monies should form part of my defence, not counter-claim. My counter-claim should be amount had to pay new builder to complete works. Builder is now threatening me that if we end up back in court he is going to instruct a lawyer, which he seems to think I will have to pay for as he is sure that he will win case.
Could do with some re-assurance and advice from anyone who has experience/knowledge?
Employed builder to carry out extension/building works in Auugust 2017 and had a payment schedule which staggered payments up until Christmas 2017. Building carried on into 2018, so payment schedule also got prolonged. In April, builder stopped work, partly as my Mum was seriously ill. However, he did not return until November 2018, even though I continually texted/emailed him asking when he was coming back and he kept fobbing me off. He came back for 1 day and then did not return again. I was angry, frustrated and decided to look for new builder to complete works. Finally found one who started work in January 2019. In February, original builder invoiced me for remaining outstanding monies, as well as to pay for extras that he carried out. I was not prepared to pay any more as he had not completed work and should have refunded me some money as I had all but paid him apart from £2,250 and the monies that should have been credited totalled £5,250. Ended up going to court on 5th September and Judge adjourned case as both claimant and myself had made errors in our evidence and gave us another 2 weeks to submit bundle in correct format. He did, however, strike out my counter-claim for above monies (and money that should have been credited) but went on to tell me that these monies should form part of my defence, not counter-claim. My counter-claim should be amount had to pay new builder to complete works. Builder is now threatening me that if we end up back in court he is going to instruct a lawyer, which he seems to think I will have to pay for as he is sure that he will win case.
Could do with some re-assurance and advice from anyone who has experience/knowledge?
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