Claim form N1 from workman

[Problemwithworkman]

Hi any advice appreciated, received form from workman claiming full amount plus interest and court fees when he did not complete all the work and caused damage. Had been negotiating before receiving the form as can't come to agreement and don't want him back in my flat again. Do I hire solicitor or just defend myself? Can I say I don't want him back in my home or would the court not care about that?
Thank you in advance

[des8]

Re: Claim form N1 from workman

Hi andwelcome
Could you possibly give more detail of the situation?
Besides defending yourself, you may be in a position to counterclaim.
The importanr piece of legislation for you is the Consumer Rights Act 2015 Chapter 4

[Problemwithworkman]

Re: Claim form N1 from workman

Thank you for your reply. The original quote fitted heating system and separate quote for bathroom. The form refers to the heating installation. He put in the boiler and some of the radiators so could get the heating on until rest of radiators could be installed. I have since discovered the boiler hasn't been certified and finished correctly. I don't want him back because of the broken and damaged bathroom which he is not charging for because it is such a mess and he knows that's why I don't want him back. He said he would give deduction on bill but I got some other quotes and it will cost more than treble what he was offering to reduce by. I gave him copies of all quotes and said if you pick one or agree to that amount off and give me the boiler certificate once I have had work completed I will pay you. Never said I would not pay but he won't budge and wants to come finish it.

[Problemwithworkman]

Re: Claim form N1 from workman

Just checked particulars of claim and he makes no mention of the boiler only that four radiators remain to be fitted!

[des8]

Re: Claim form N1 from workman

If you intend to dispute this claim, do acknowledge receipt.

If you are claiming you have lost confidence you will have to show there are good reasons to believe he is not capable of completing.the works.

Have you paid anything by way of deposit or stage payments?

Did you sign a contract, or was it just a quote?

Was any attempt made to correct the errors?

Really would be better to post up a copy of the claim, and a timeline of what has occurred

[Problemwithworkman]

Re: Claim form N1 from workman

Hope this works here is claim form

[des8]

Re: Claim form N1 from workman

So your first step is to acknowledge the claim.
That then gives more time to draw up your defence and possible counter claim.

What sort of boiler was installed?

[Problemwithworkman]

Re: Claim form N1 from workman

1. When acknowledging receipt the option online is 'I intend to defend all' or 'I intend to defend part' and I am not sure at the moment!

2. I have email chain with photographic evidence for the problems and damage caused to bathroom installation, this is not included in this claim from him as he said he would not charge us for any of it, basically because it was such a terrible job. I told him not to come back at that stage and to pause all works. I needed to think about what to do next as he was causing more problems than he was fixing.

3. No deposit or stage payments have been made.

4. No contract was signed, just quote provided by email.

5. We did not know about the boiler errors until we started to get the quotes for someone to finish his work and realised the boiler was not registered and installation incomplete.

6. This dispute started on 23rd January when we received photocopy of an invoice dated 22nd December 2016 with a 'letter before action'.
In October 2016 he had told us the heating was good to use and boiler was all done. He said he didn't ever tell us the boiler was commissioned.
The dispute over the bathroom was late November and went on into beginning of December.

TIMELINE
Work started on 15th August 2016, he informed me on 25th October 2016 that the boiler was OK to use. He knew he would be returning at some point to install four remaining radiators when rest of work had been completed in those rooms.
After the bathroom problem in November I paused the work.
He then sent photocopy of an invoice dated 22nd December (that I had never received originally) and a 'letter before action' dated 23rd January delivered by hand through the door.
I called and emailed on 30th January. He said he was consulting legal advice for payment. I did not refuse to pay at any point. I advised him that I had just received his letter and I needed to get some quotes for remaining work as a £250 discount (before VAT) was not enough for the remaining work required. He then said he would give £500 off - I repeated that I wanted to get quotes. I did so and sent him three on the 2nd February as only 3 out of 6 people showed up and I didn't want to take too long going back to him. These were £835, £1680 and £1164. I said I found it hard to understand how he can charge £4850 (plus VAT) for the total job and expect the remainder completed with a small fraction of this.
He stuck to his offer to accept £5000 from 31st January. I advised we would need the deduction for one of the quotes (before VAT) and for the Buildings Regulation Compliance Certificate to be provided before we pay the balance. I kept chasing him, the last time was 24th February,

Particulars of Claim:
He stated the quotation was accepted by email on 28th July 2016 - I did not complete the property purchase until 29th July. I did receive an email with a quote for the work from him stating start date of 15th August on 28th July and work did commence on 15th August.
He stated all materials have been supplied, this is not true.
Works not completed are:
Drain down system
Fit 4 radiators (already supplied)
Supply and fit TRV and Lockshield valves to four radiators
Commission
Test
Powerflush
Boiler condensate to soil stack, currently coming straight out of wall
Copper pressure relief pipe to be terminated correctly, coming straight out of wall
Gas flue core to be filled with sand and cement where not finished properly allowing water ingress
Building Regulations Compliance Certificate

Missing are 4 sets of TRVs, 4 Lockshield valves, pipework to install 4 radiators to existing heating circuit, powerflush, filling wall for flue, condense and overflow.

He stated I have refused to let him finish the job. This is because of the continuous errors made in fitting bathroom and unresponsive to phone calls.
Invoice not received on 22nd December. Photocopy was received and letter dated 23rd January for £5520 including VAT not plus VAT as stated.

[Problemwithworkman]

Re: Claim form N1 from workman

sorry see long reply just sent. The boiler is condenser Worcester Bosch 30i Erp combination boiler.
thanks so much for reading...this will send you off to sleep no problem!

[ostell]

Re: Claim form N1 from workman

Has he fitted an automatic bypass valve, or even quoted for it? It should be mentioned on the sign off paperwork for the boiler and is a requirement in the regs. Not fitting can cause problems with the boiler.

Wouldn't think boiler condensate to soil stack would be good. Nasty smells coming into boiler.

[des8]

Re: Claim form N1 from workman

thanks....!!!!!

[Problemwithworkman]

Re: Claim form N1 from workman

I don't know what that is and it isn't signed off. no paperwork as he hasn't registered it. The condensate and the overflow are just pipes straight out the wall and not terminated which could have affected the boiler if the pipe froze

[ploddertom]

Re: Claim form N1 from workman

Is he suitably certified to do this work and is he on the appropriate register?

[Problemwithworkman]

Re: Claim form N1 from workman

Is he suitably certified to do this work and is he on the appropriate register?

Hello, yes he is Gas Safe registered

[ploddertom]

Re: Claim form N1 from workman

I would suggest if he has made such a cock up you should report him for it as it has to call into doubt his competence.