Money claim against me - do I defend, partially defend or counterclaim?

[h8riz8n]

Hello, I'd like some advice regarding small claims. I had some bad refurb work done and disputed an extortionate bill and quality of work so am left with uncompleted works. The builder hasn't engaged except to ask for full payment despite admitting some poor workmanship. I've now received a money claim so need advice please. It's a long story...

[ostell]

Did you feel you had paid him sufficient for the work he did? If yes then defend in full

[h8riz8n]

Did you feel you had paid him sufficient for the work he did? If yes then defend in full

Thanks for the reply, I was waiting to be directed to where I had to post fully but here's my sorry tale...
Hello, I hope somebody will be able to give me some advice. Sorry it's longwinded. I had some work undertaken which was done to a very poor standard last year. Some was part of an insurance claim due to a leak, but the majority was new work I was paying for. I gave him a scope of works which the insurance had written which included sundry work like removing radiators, etc. Unfortunately lockdown happened and I struggled to find anyone to do the jobs but was recommended this builder by a friend of the family.

We discussed the work which needed completing and I asked how much, timing, etc. Due to desperation and personal circumstances and after having to sack the loss assessor I'd employed to oversee works due to said problems and the builder being recommended , (the loss adjuster told me he claimed £47.000 and loss assessor's builder told me I could get about £3,000!) , I foolishly agreed to let him start before I received my quotes but he said he would do the jobs for a similar price to those which I had managed to get get quotes for. I asked before he started and every day for my quote but was told 'don't worry, we won't rip you off' ...

Of course, the work was a shambles and needs rectifying/ripping out including some of the new flooring due to him causing another leak. He gave me a massively hyperinflated quote for the insurance work which I said I could not present and needed it to be a fair price. His response was the insurance will pay anything!! It also included pricing for work he did not undertake. He then presented me with a hyperinflated quote for work actually undertaken although not finished, as he obviously thought he could get some of the insurance money he thought I was going to claim. I've been told the total works (including what he hasn't finished) should be £3,000 tops but his quote to me was double, including £560 for 3m" basic tiling which needs ripping out as nothing is level.

This debacle has made me ill and I have delayed returning to paid work due to the stress, etc. I paid initially £600 which more than covered his wood, plaster, etc and was going to pay more when he gave me the quote then remainder when finished. We are in deadlock as although he does agree some workmanship is poor, he won't reassess the price and I have written my deadlock letter awaiting reply. I proposed an independent inspector assesses the work and price but he did not respond to my tracked letters although he jumped out of his van to shout at me on the street. When I received his quotes I stated they were not a fair price, etc, and have had a doorstep visit, a text and harrassment in the street but no written request to pay, etc.

I told him as he wouldn't rectify the works, I would get quotes for fair prices or an independent inspector and deduct my costs of rectifying his work which includes refitting the kitchen, flooring plus replacing some cupboards, etc. as I wanted to pay him if he was due anything after my costs and be rid of him. As I'm too honest and have explained my predicament to subsequent workmen, most don't want to know so have struggled getting quotes but everyone has said he should be paying me and not to pay him anything. I've now changed tack and said he's done a runner but no names mentioned.

I have now received a money claim for the insurance quote price stating 'I was happy the work and was paid by the insurance but won't pay him'. I need advice as to do I defend it all or part of it as he has put a fraudulent claim for work he didn't undertake, not undertaken with due skill or care, put false dates for period of work and quote, not deducted the amount I've already paid, written a libellous statement and has not followed any reconcilliation prior to sending out a money claim. I have been advised to counterclaim once I have my fair quotes and potentially claim for loss of earnings but I don't know if I can claim for loss of earnings due to his constant delays, etc. I'm hoping it will get struck out(?) as I have screenshots of all our texts, call logs and my complaints to family and friends plus my brother and son as witnesses or better still, found in comtempt, fraud, etc but I don't know how the courts work.

If we call it quits I'll lose money as the kitchen and flooring cost £6000 plus refitting but I'd be glad to just get him out of my hair as I do not have enough quotes to legally challenge his prices yet although his quote for actual works is at least double what it should be. I'm hoping I can present these later. If I agree to pay him 1p would I get a CCJ? His claim is nearly £10,000 and I still haven't got a proper quote to put to the insurance and need to pay for the work to be completed.

My concern is CCJ. I have lots of evidence but he obviously isn't a pleasant man. Needles to say he isn't VAT registered.
I've asked Citizen's Advice for advice twice and asked to report him to Trading Standards but I haven't heard anything.
Thanks for perservering with the long story

[ostell]

If he follows the rules the case will not be thrown out, it's up to you to show that he did a bad and costly job. If you still have those other quotes then you can show them to the court. You could look at the Consumer Rights Act 2015 that expects reasable conduct from a supplier.

[h8riz8n]

He is claiming £4,000 for work he hasn't done on top of the exagerated quote/bill he gave me which I can prove, so I was surprised to say the least. I have not received a final demand or warning that he would pursue a claim, should I have? I asked him in person and after the harassment, by letters to discuss the work and price so we can negotiate as I want to be fair although he isn't being fair or honest, but he did not reply to them.
If he does not reply to the letter of deadlock therfore cancelling the contract, etc, does it matter now he's put a claim in or can I present him with the refurb bills in defence as he wouldn't rectify, replace or finish anything? Consumer Rights Act states due care and skill should be used and he's proved dishonest intention as he said he wouldn't rip me off when I kept asking for his quote. I'm happy to try official mediation as he won't engage but can he refuse? He admitted he needs to remove and refit the kitchen so is it worth it for him with the replacements he has to buy?
Is there anything else I need to do besides obtain quotes for refurbing his work, prices for new materials and fair price quotes plus photos, witness statements, etc?
Thanks for reading.

[ostell]

If you have DOCUMENTs that show he has admitted he needs to rework the job then why is he starting a claim?

I though you already had quotes to rework his work?

[h8riz8n]

I still need a few more quotes as it involves five different jobs (kitchen is the big one) so I can prove an average and fair price then deduct from my costs. His quote for the kitchen tiling is £560, today's quote £140!! He hasn't written anything about his admittance, just verbal and has not replied to my letters but I blocked his number when he jumped out on me so I have stated written contact only. He is obviously thought he would scare me (successfully) into paying (unsuccessfully) with a CCJ and thinks I will pay him anything to stop this happening. Despite his dishonesty, I just want to ensure I have done everything I need to prove my case as I've never been in a situation like this before.