Tweet
Please help.
I only received this envelop yesterday as it was delivered to a neighbour!
The issue date is 16/12/13. Since I have looked at I am extremely distressed as worried that it might be too late to defend.
I hired a builder in May 2013 who kept demanding money in advance. I paid him £7000 in total but he caused us a lot of trouble. He didn't finish any job and left the whole house in mess and unsafe. With young children we had to live without a kitchen for 5 months. I kept chasing him and asked him to finish the work. Even contacted one of his friends to act as a mediator but he threatened me and assaulted me and damaged my material. I reported the matter to the police in July 2013. Since then I never heard anything from him. I found a lot of my material damaged when he left.
And now I have received this county court claim from him/his solicitor. His particulars of claim is full of lies. It states - The claimant is a builder, who was acting in the course of business in relation to this claim. The defendant is the owner of xxxxxx(" the property") at which building and renovation works ("the works") were carried out by the claimant.
In or around Februrary 2013, the parties agreed that the works would be completed based on the quotation that the claimant provided to the defendant at a cost to the defendant in the sum of £8000 excluding the cost of materials ("the first Agreement"). The parties further agreed in or around May 2013 that the claimant would carry out additional works to the property at a cost to the defendant in the sum of £7000 ("the second agreement"). A copy of the claimant's quotation detailing the works that he was required to carry out in relation to the first agreement is attached to these particulars.
As part of the agreements, the defendant was to make stage payments as the work progressed. The claimant duly carried out the works to the property to the value of £13000 leaving £2000 worth of work to be carried out after a short summer break during which time necessary materials were to be delivered. The claimant also purchased materials to the value of £400 used at the premises the receipts for which he handed to the defendant for payment but to date these remain unpaid. The defendant had previously paid £7000 on account of the cost of the works leaving £6400 give paid. In accordance with the terms of payment that had been agreed, this amount was to be paid before the summer break. The defendant has failed to pay the outstanding debt notwithstanding the claimants numerous requests for him to do so and despite formally demanding payment in writing on 09/08/13.
As a result of the defendant's breach of contract the claimant has suffered losses totalling £6400 plus interest under section 69 of the county court act 1984 at a rate of 8% per annum amounting to £171.13 as at 9th dec and accruing at a daily rate of £1.40.
The he attached quote says 'estimate for the works to be done at the above address' and a list of jobs with amount at the end £8000 not including material and then in the last paragraph it says "materials will be bought from us and supply receipts to the owner"
There was no agreement as described in the particulars and "the second agreement" is not even attached. So I don't know what he is saying. Moreover the jobs he has listed he didn't finish any of them. The title says estimate for the works to be done. Anyone can type that up and write whatever they want.
please help how to defend all the allegations.
Sorry for the long post. thanking you in advance for your help.
I only received this envelop yesterday as it was delivered to a neighbour!
The issue date is 16/12/13. Since I have looked at I am extremely distressed as worried that it might be too late to defend.
I hired a builder in May 2013 who kept demanding money in advance. I paid him £7000 in total but he caused us a lot of trouble. He didn't finish any job and left the whole house in mess and unsafe. With young children we had to live without a kitchen for 5 months. I kept chasing him and asked him to finish the work. Even contacted one of his friends to act as a mediator but he threatened me and assaulted me and damaged my material. I reported the matter to the police in July 2013. Since then I never heard anything from him. I found a lot of my material damaged when he left.
And now I have received this county court claim from him/his solicitor. His particulars of claim is full of lies. It states - The claimant is a builder, who was acting in the course of business in relation to this claim. The defendant is the owner of xxxxxx(" the property") at which building and renovation works ("the works") were carried out by the claimant.
In or around Februrary 2013, the parties agreed that the works would be completed based on the quotation that the claimant provided to the defendant at a cost to the defendant in the sum of £8000 excluding the cost of materials ("the first Agreement"). The parties further agreed in or around May 2013 that the claimant would carry out additional works to the property at a cost to the defendant in the sum of £7000 ("the second agreement"). A copy of the claimant's quotation detailing the works that he was required to carry out in relation to the first agreement is attached to these particulars.
As part of the agreements, the defendant was to make stage payments as the work progressed. The claimant duly carried out the works to the property to the value of £13000 leaving £2000 worth of work to be carried out after a short summer break during which time necessary materials were to be delivered. The claimant also purchased materials to the value of £400 used at the premises the receipts for which he handed to the defendant for payment but to date these remain unpaid. The defendant had previously paid £7000 on account of the cost of the works leaving £6400 give paid. In accordance with the terms of payment that had been agreed, this amount was to be paid before the summer break. The defendant has failed to pay the outstanding debt notwithstanding the claimants numerous requests for him to do so and despite formally demanding payment in writing on 09/08/13.
As a result of the defendant's breach of contract the claimant has suffered losses totalling £6400 plus interest under section 69 of the county court act 1984 at a rate of 8% per annum amounting to £171.13 as at 9th dec and accruing at a daily rate of £1.40.
The he attached quote says 'estimate for the works to be done at the above address' and a list of jobs with amount at the end £8000 not including material and then in the last paragraph it says "materials will be bought from us and supply receipts to the owner"
There was no agreement as described in the particulars and "the second agreement" is not even attached. So I don't know what he is saying. Moreover the jobs he has listed he didn't finish any of them. The title says estimate for the works to be done. Anyone can type that up and write whatever they want.
please help how to defend all the allegations.
Sorry for the long post. thanking you in advance for your help.
Comment