Been a while (nearly 20 years)

[Restlesslegs]

Hello former Lizzy47
On here,bank charges website,cag
Hello !
Long story hopefully short
I got a mobile camper van fitter to quote for jobs i needed, agreed a price, paid a deposit £420 for what i needed that he was supplying. Set a date for the jobs .
He came 28th April 2023 did approx 3 and a half hours work, paid him a further £280 with the balance of the quote due on completion of work agreed .
He didn't return the day after as agreed or 6 dates later with various excuses giving no or very little notice he wasn't coming, causing upheaval and distress in my life to accommodate him.

He left my van with wires hanging off the solar panel, blew the cigarette power outlet fuses, left wires hanging out of the power outlet, left long dangerous screws coming in through my fiberglass pop top that caused leaks
i lost patience with him after months of the run around then told him id see him in court.

i found a lovely man that came 13th July and finished the solar installation, sheared the screws off made them safe, fixed the leaks cost £90.00 he was appalled at the standard of work.

Fast forward to May 4th 2024 i finally had saved enough out of disability benefits to get the work outstanding done,being fitting a
diesel heater, fix power supply and fit new 100ah lesuire battery.

The garage i took my van to found the new 180ah lesuire battery i was quoted for and mobile van man fit, was an old, large,heavy lorry starter battery and not a new leisure battery, so my solar or split charge were useless as it wouldn't hold a charge.

I now had a complete timeline and costs associated with completing work i paid for.
So on 23rd May he got and signed for a 14 day letter before action. hes ignored it.
So i am now near done with filing online a claim for money i paid him, money iv had to spend rectifying his mess, money to finish work he quoted for not done, damages, interest.

i am just a bit stuck with what i need to say on POC
also when do i send any paperwork ? i have a lot, his quote,our chat fixing dates, letting me down, chat with solar chap, assessment, statement nd bill from the garage, lots of photos of the state of my van.. etc etc

As i said its been a long time since i was helping others file claims, a very long time :-)

Any help advice really gratefully received, also happy to fill in any blanks i may have missed or expand on the lengthy post

Many Thanks Reslesslegs aka Lizzy47 ( many years ago)

[Pezza54]

Hi
Please read CRA 2015 Sections 49 to 54

The trader failed to carry out the work with reasonable care and skill (Section 49), the work carried out was not as agreed (Section 50) and was not completed within a reasonable time (Section 52)

You should seek a remedy under Section 54 (7)(a) damages, (b) recover monies paid and (f) exercise the right to treat the contract as at an end

The following is my suggestion about the PoC

PoC front page: "In the County Court", Claim Number......., Claimant Name....., Defendant Name..... "Particulars of Claim"

In the text call yourself "The Claimant" and the trader "The Defendant"

Start with "Background"; short concise numbered paragraphs, providing info in date order: of the work required to the caravan, the trader's advert (qualifications experience)

"The Contract"; brief details of the quote, (provide a copy with your PoC, and cross-reference it). State how you accepted the quote (the date, amount and how you paid)

"What Happened" Brief details in date order (giving dates numerically) of what happened

"Breach of Contract" State how The Defendant breached the contract. See para 2 above

"Amount Claimed" Show the calculation of the total amount claimed

"Interest" Show the calculation of the interest, state the interest is claimed under whatever the Act is, and add it to the claim to give a total amount (which fees are based on)

"Statement of Truth" Follow the wording in CPR and sign and date it.

All pages should be numbered

If the defendant acknowledges the claim form, files a defence, you should file a Reply to Defence at the same time you return the directions questionnaire.

Eventually (probably several months) you should receive a court order stating the time of the hearing and providing final dates for payment of court fees and exchange and filing of witness statements.

Your witness statement is your opportunity to write in detail what happened, what was said (face-to-face and phone calls) what was written, all cross referenced to the evidence (text messages, emails, photos, invoices to complete the work)

[Restlesslegs]

Wow
fabulous reply !
Thank you, very much appreciated.
I'll have a good read of the of the CRA sections with a fresh head in the morning.
thank you again :-)

[Restlesslegs]

A question please.
I contacted 'van fitter' from a post on Facebook, on a large campervan page.
It implied he wasn't a business just good at what he did.
Much further in our conversations on chat, once the goods i needed were discussed and a price /date to fit them.
Then I got his quote for goods I needed for the deposit. It was an on invoice on headed paper.

He now has a big unit under the same name as on the invoice.
Do i still go ahead and put just his name on the papers.
or his name and trading as xxxxxxx ?
I think this will go all the way to a balif unfortunately.

reading up on the CRA regulations today, will draught a copy over if someone can have a look before I send it.
Many many thanks

[Pezza54]

Please read CPR Practice Direction 16 Statements of Case 2.4 (2) for the answer to your question.
CPR 16 2.2 and 2.3 stipulate the requirements for the defendant's address

[Restlesslegs]

Thank you Pezza54 once more.
I will !

[Pezza54]

If you decide to post your PoC don't forget to redact names and addresses

[Restlesslegs]

Hello PEZZA54 (or whoever would like to untangle me :-/ )

Iv got myself in a tizz sleep deprived and old !
Can i ask please

If iv got the wording/regulations/ sections etc correct ?
What goes where on the online form ?
have i written to much ?
can i have help where iv put question marks please
Iv started a claim online im ok with names, addresses, costs,interest parts on the form

just tangled with what goes where or should i just put
particulars to follow. ?
iv a lot of screen shots ,photos, garage assessment &bill,solar mans assessment and bill. are they to follow or when a court date is given..sorry i am so tangled.
can i claim for the duff battery after a year, that he supplied as unfit goods, i was unaware it was wrong until the garage took it out ?

Many thanks for any help given.


(1)

On the 30^th Of March 2023 the claimant made contact with the defendant having seen his post on a very large camper van owners forum on Facebook.

The defendant stated he was mobile and available in the north west to fit diesel heaters, solar systems, or any van build related work that needed doing.




(2)

The claimant and defendant agreed a price,for the goods the defendant would supply and fit.

On the claimants camper van reg. PXXXX

a flexible 100w solar panel,

a new 180ah deep cycle leisure battery,

a split charge relay system,

plus the defendants costs for fitting the claimants own new diesel heater, reversing camera and fixing the cigarette power outlets, a date was agreed to commence work being the 23/24^th April 2023




(3)

The defendant supplied an invoice for goods needing to be ordered and requested a deposit of £420 that the claimant paid on April 4^th 2023




(5)

The defendant came to the claimants home on 23^rd April 2023 at 10.10 am .

Fit some wires, the split charge relay system, a heavy solar panel, (not as specified) a battery and attempted to fix the power outlets, blowing fuses and damaging the part the claimant supplied.

The defendant requested a further payment of £280 the claimant paid, then the defendant left at approximately 15.30




(6)

The defendant did not uphold any further dates mutually agreed , with little or no notice given leaving wires hanging from the solar panel, wires hanging from the cigarette power outlet, long screws protruding into the sleeping space in the pop top.

being.

24^th of April 2023

25^th of April 2023

30^th April 2023

8th May 2023

11^th May 2023 (The defendant asked the claimant to go to Leeds to his address )

14^th May 2023

24^th May 2023

14^th June 2023

21^st June 2023

22nd June 2023

The defendant then requested the claimant go to his unit in York on the 21^st June the claimant declined.




(7)

The defendant made contact with a mobile solar fitter who came to the claimants address on the 12^th of July to fix the wires left hanging of the solar panel and make safe several long screws left by the defendant coming through into the pop top and fix 4 leaks made by the screws.










(8)

On the 4^th May 2024 The claimant took the camper van Registration PXXXX for an MOT, to fit the diesel heater,to fix the power outlets and investigate why the new 180ah battery had never supplied any power, showed as full then as flat on the camper meter as soon as any power was required.

It was found the battery supplied as a new as a 180ah deep cycle leisure battery was, upon removal found to be a large, potentially dangerous, heavy, old , flat, lorry battery (a starter battery) with all stickers removed.




(9)

The claimant sent a letter before action to the defendants address, allowing 14 days to make contact,suggest ADR or make restitution payment.

Signed for as received on 23^rd March 2024. The defendant did not respond.




(10)

The defendant breached the contract as

The defendant failed to carry out work with reasonable care and skill. CRA 2015 (section 49)

The work was not carried out as agreed. CRA 2015 (section 50) .

The work was not completed in a reasonable time. CRA 2015 (section 52)

The goods were not fit for purpose CRA 2015 ???

The goods were not installed properly ???

The goods were not as described ????




(11)

The claimant seeks remedy

To claim damages of £500 CRA 2015 Section 54 (7)(a)

To recover monies paid of £700 CRA 2015 Section 54 (7) (b)

To exercise the right to treat the contract as at an end CRA section 54 (7) (f)




The claimant claims interest under section 69 of the county courts Act 1984 at the rate of 8% a year form April 4^th 2023 to April 4^th 2024 of £ xxx and also 0xxp interest at the same rate up to the date of judgement or earlier payment at a daily rate of xxx













Statement of truth ?????

[Pezza54]

The following is my advice. I expect other forum users will be along to offer their advice

Don't forget the front page
Provide some headings in the texthibits
Number individual paragraphs
(2) Provide more details of the agreement: the date, the amount, how you paid
(3) State how you paid
(4) Is missing
(5) No need to include times of day. State how you paid
(6) No need to list individual dates. Say 10 dates April to June
(7) State how much and how you paid the mobile fitter
(8) I think you mean 4 May 2023
What happened between May 2023 and March 2024? Ten months ?
(10) Goods not fit for purpose CRA Section 10 (3)
Goods supplied not of a satisfactory quality CRA Section 9 (2) and (3)
(11) Remedy. See my post 2 show how the total of the claim is calculated including the calculation for interest
State how the claim of £500 for damages is calculated

Statement of Truth. Follow the wording in CPR Practice Direction 22 2.1

All your exhibits (evidence),texts, emails, photos, should be included at the end of your Witness Statement









.

[MaryS57]

I wish you luck and I'm sure Pezza54 will be able to guide you.

We have a current "very faulty caravan" case awaiting allocation to the small claims court - so a touring vehicle case too.

I wrote our PoC on the basis of an independent report that listed clearly all the faults and remedies needed for resolution on our caravan. The report greatly helped and took away a lot of stress getting it right in the PoC and then relating that to the law in question.

I'm wondering if an engineer looking over your incomplete works may offer valuable information and detail that can then be used...... but please follow Pezza54 and not me.

[Pezza54]

I've had another thought about (10) "Breach of Contract"
You should write how the defendant breached each Section and clause of the CRA stated in your claim You can refer to a previous paragraph number in the claim, just make sure the paragraph numbers are correct in the final version

[Restlesslegs]

Thank you again PEZZA54 :-)
I have some time yet to re jig, alter, and go through a few times checking and triple checking before i finally issue.
i really want to make sure every thing is correct and in the right place :-/
Many thanks for taking time again,spotting the numbering,supplying the CRA sections i was missing, and advice.

Between May23 and march24 i tried to charge the battery several times before i set out with my home electric supply running to it overnight on the advice of several other camper owners.
It always showed on the camper control panel as full,showed as full on a very sunny day,or after a long run
Then once i needed to power anything other than a light or two ( fridge,pump water in,re charge phones, usb fans etc) it showed as flat
.
No one could offer an explanation as it was hard to see the battery tucked tight in under a cupboard,in a very awkward place,with no stickers showing.
Until the garage ! They tried charging it,to run the heater they fitted, to no avail it wouldn't fire the heater, so took it out, they had to remove a shelf to do so then it came to light why.


I have not needed to power the fridge or charge phones,power the water pump etc,etc since my last stop overs in Sep23 despite wanting to but it being too cold without the heater.
i just didn't know what to do in the summer and no one could offer advice.
Its my main vehicle and in use running about town so the battery has been topped up and showing full.
I have been saving hard in those10 months( i am disabled benefits are my only income until i finally get a pension in Sep this year)
and not able to afford to get the heater fitted,i had an MOT upcoming expecting it would need work's its an old van.
It didn't need work so i asked the garage to fit the heater, and power outlets instead, that's when they found the battery was the wrong type.

I wasn't going to file a claim and just put it down to a bad experience but when it came to light about the battery.
Then after talking to the garage and the solar engineer who said they would both back me up with assessments.
I then reflected what id had to do to get the work done, the times hes wasted my time and the upset caused ,costs and absolutely nothing he did working, as i wanted, or as he said he would supply and fit, changed my mind and here i am

Thank you MARYS5 ill take a look at your thread, i hope you win and are made whole again :-)

[Pezza54]

So the damages claim of £500 is to replace the old battery the defendant supplied and fitted?

[Restlesslegs]

Hi PEZZA54
No i am claiming the battery cost, in with the 2 payments i made to him being £420 for that and other things he supplied & £280 for fitting that and other things = £700.00
The damages i was going to claim of £500 are for the numerous times he said he would be with me,then let me down.
i also missed a weekend away id paid for waiting.
I had to unload my mobility scooter every time he said he would call.
It breaks into 5 very heavy pieces, plus take all my belongings out, the van had to be empty enough to be worked in,its only a small camper van, then load everything back again.
It really took it out of me, my scooter lives in the van all spring and summer ready to go off, it just comes out at stop overs where i am not on my own. friends help once i am on site.
Is that too much ?

EDIT.. not sure what happened i thought i posted this last night ?

[Pezza54]

Unfortunately there is no legal right to claim damages such as your situation. It would be different if you paid to have the scooter removed and could prove your payments.