Small claims court
 

Hi all,
Anyone on here used a small claims court ?
I have just sacked the builder who was in the process of building a small rear extension on my house, far too many issues to continue, and have even had to demolish it down to the newly laid foundations.
I am going to ask him for a partial refund and then go to court when he refuses to pay.
Just want to know how painful/painless the process is.
Thanks

Paul

I think it's fairly straightforward, you can apply online.
And l believe it costs the defendant a fair whack upfront to encourage a swift conclusion rather than going right through the process.

https://www.gov.uk/make-court-claim-for-money

Sorry to hear about this.

One of my son's is a builder and he gets really annoyed when this happens as it tars everyone with the same brush.

This might help too:

https://www.which.co.uk/consumer-rig...l-claims-court

Good Luck with it.

Andy.

My daughter is presently going through the process of claiming against someone but i'm pretty sure there is no cost to the person claimed against unless they lose the case.

See below a form I got through my accountant when someone tried to rook me. It's a standard form (I have deleted personal info for obvious reasons).
It worked for me but everybody is different.


NOTIFICATION OF INTENTION
TO COMMENCE PROCEEDINGS IN THE ................ COUNTY COURT

DEBTOR CREDITOR
................. .........................
I BEING THE ABOVE NAMED CREDITOR DO hereby state and declare that you are indebted to me to the sum of £...
Details of the said sum are provided in the section of this document headed “Statement of Account” and I now inform you that in default of some arrangement for payment not being made by return of post then immediate proceedings will be instituted against you for the recovery of the debt.
No further notice will be issued.
YOUR ATTENTION IS DRAWN TO THE FOLLOWING
1. I advise you that I will within seven days commencing from the date of this preliminary notice apply to the appropriate court for the issuing of a default summons.
2.Every effort has been made by me to ensure that all the details relating to the claim referred to under the heading “Statement of Account” which will form the basis of any further action are to the best of my knowledge and belief true and accurate as of the date the claim arose.
3.I reserve the right, however, to amend the value of the claim and make any such amendments to it that I believe to be necessary with respect to interest charges, administration charges etc, and other such additions or changes to it that may become applicable.
4.In addition I will also claim the FULL cost relating to the issuing of the said default summons together with any additional cost that I may be required to pay should it become necessary for the court to have to enforce any judgment given in my favour.
5. An immediate response to this notice may therefore save you further expense.
6. Should you have any justifiable reason whatsoever that you consider constitutes good cause for withholding payment then you are advised to notify me in writing by registered post or Recorded Delivery at the address given above setting out in full the particulars of your dispute prior to the expiry date of this notice.
7. No further notice will be issued prior to me requesting the issuing of a default summons through the appropriate court.
Cont.
Cont.2
8. This document is not a default summons, merely notification that an action through the appropriate court is about to commence failing any effort by you to rectify the situation or provide reasons for my not so doing.
9. All counterclaims arising from this dispute must be made in writing and sent direct to me at the address stated.

PAYMENT SHOULD BE MADE BY BANK TRANSFER TO THE ACCOUNT FROM WHICH THE DIRECT DEBITS WERE MADE, OR CHEQUE MADE PAYABLE TO ME, THE CREDITOR, AND SENT TO THE ADDRESS SHOWN ABOVE.

STATEMENT OF ACCOUNT
Any additional COSTS incurred by me taking legal action to recover this debt
will be claimed for in addition to the amount shown opposite. An immediate
response may therefore save you further expense. £......
Dated..................
---------------------------------------------------------------------------------------------------------------------

You'll almost certainly get rung up by a very professional arbitrator who will ring each party in turn to try and get you to agree a compromise and avoid going to court. You've got to give way a bit to get anywhere but I've been reasonably satisfied in the two times I've gone through the process. The court fee gets added to the claim.

Builders
 

Hi Andy,
it is a shame that these rogue builders tarnish other good ones.
I had 7 quotes, and chose a company that was an average cost, so didnt go cheap. The company has been around for 40 years, and is a member of the federation of master builders, and we both signed a FOMB contract.
Found out recently, the Federation of master builders is almost 100% useless.
Still, it could have been worse, we stopped them at just over one metre high.
Thanks for your reply.
Paul.

Claim
 

I have over 100 pictures of the faults (incl lintels resting on less than 2 inches either side of the foundations, and one wall 40mm shorter than the other, and dozens more issues), and that he willingly demolished the evidence, and paid for a grab lorry should help my case.