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Particulars of claim in a small claim against a builder - help!

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  • Particulars of claim in a small claim against a builder - help!

    Hi, I'm new to this forum and super grateful to anyone who can help me. I've searched to no avail for the answer to this and Citizen's Advice seem to be impossible to speak to at the moment so was hoping someone on here might be able to help...

    I'm looking to file a small claim against a cowboy builder, having tried for 6 months to get money back for over 11k worth of works (initial contract was for 16k, the amount it cost to fix and complete what he had done was 11k after taking away the money left owing him for what he had 'completed' - we had unfortunately been paying him in instalments).

    I'm eager to get things moving and am piecing together all the evidence. Problem is, there is loads! I have a grid with every issue (21 pages long by itself), then appendices (invoices, quotes for correcting the works, receipts for materials, photos of the issues, a log of every single message and conversation) and videos, as well as the original agreement (which isn't signed - was sent by email). It would be well over 100 pages of documents once printed. I'm trying to figure out whether I need to file all of this with the particulars of the claim, or whether this is held back until later, if he defends the claim and the judge asks for it all?

    I'm reading conflicting information everywhere - some saying you just state a summary of all the facts and others saying you include everything - so not sure what to do? We're hoping to file through MCOL.

    Thanks in advance for the help!

    PS. Also wondering how to keep the claim under 10k to make sure it stays in small claims (can't afford a lawyer) - should I say I expect to claim 'no more than 10k and then still include the whole detail of everything, even though it amounts to over 11k - and state that the figure claimed is 10k? And does anyone know if things like interest, compensation for time lost and court fees can be added on top, or are they included in the 10k limit? Not sure what to do there...

    Thank you :-)
    Tags: None
  • This topic by DavidLusick has been deleted by EXC

    #1
    Feel free to give is a call. www.legal-eagkes.org
  • This topic by DavidLusick has been deleted by EXC

    #1
    www.legal-eagles.org

  • #2
    Suggest you don't Bluebeetle - this firm is in Philadelphia USA. I would worry about their attention to detail if they did not realize this is a UK only forum!

    Comment


    • #3


      The Court Procedure Rules (CPR) part16.2 states the PoC must contain a concise statement of the nature of the claim;

      Altho' concise it must be sufficient for the defendant to know what the claim is about so in your case I would think along the lines of describing, the parties, the contract and just that it was unsatisfactory workmanship.
      You can, if you wish, post up a draft of your PoC for scrutiny.

      Your evidence and proof comes later.

      Before laying out good money in a court case have you ascertained if he is in a position to pay you any monies awarded by the court?

      If this is your first foray into litigation you might find these links useful:
      https://www.judiciary.uk/guidance-an...-civil-221013/
      https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

      Comment


      • #4
        (CPR are actually the Civil Procedure Rules)
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment


        • #5
          OOPS!.... as opposed to Criminal Procedure Rules

          Comment

          • This topic by DavidLusick has been deleted by EXC

            #5
            Hello Island girl. Who is bluebeetle firm and why do you suggest not to do business with them. Also, I was not aware this was a U. K site only. Does the site deal with law from U it States.

          • #6
            David - this site is not for spammers like you. No, it does not cover the law of U it States, whatever that may be.
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf

            Comment


            • #7
              DavidLusick Hi - for all the reasons given by Atticus plus some other important ones ie you are supposed to be a top class law firm and yet a) cannot work out this is a UK site, b) do not appear to know how forums work or be able to read previous posts and c) the standard of English in your posts is poor. Other than that....

              Comment

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