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To pursue this in small claims court

(11 Posts)
mumtomaxwell Fri 17-Mar-17 23:27:02

I will try to keep this short and to the point...
Had a new shower cubicle fitted in June 2016. In July it started leaking so trader comes back to fix it. In October it leaked again, this time going through the lounge ceiling! Trader comes back to fix it. In November it leaked again causing new damp patches on the ceiling. Trader says it can't be leaking because he's been round to fix it already. We employed a plumber to look at it - he found huge holes in sealant so revealed it. In January more leaks. Contacted original trader who ignored all phone calls and emails. Contacted plumber who came and had another look. He found excessive movement in the shower tray and only way to fix it is to rip it out and start again. Contacted original trader to ask for refund (as per CAB advice). He said no chance as none of the problems were caused by him.
Don't know what to do now? Small claims or accept that we wasted £1500.... shower is unusable.

Pentapus Sat 18-Mar-17 00:45:11

Small claims definitely. I would have thought your case was cut and dried. grin

Pentapus Sat 18-Mar-17 00:53:43

Prob should add take to photos of the fault and save all evidence of the chain of events and attempted repairs. Sounds like the shower tray should have been properly installed on a bed of sand and cement but wasn't. You need to get hold of the installation guide/ product spec of the shower tray.
I would have thought you would have little problem getting a refund from small claims court.

mumtomaxwell Sat 18-Mar-17 06:46:59

I've got photos etc and have saved all the messages/emails. Only thing I don't have is shower tray installation guide - he supplied and fitted it so I don't even know where he bought it.

Barbie222 Sat 18-Mar-17 07:24:03

Have a look online - the guide is likely there. Hope things go well for you - so much of this goes on and isn't contested. Good luck!

Andrewofgg Sat 18-Mar-17 07:54:13

How would you enforce the judgment? Think about that first. If you would not be able to, don't bother.

mumtomaxwell Sat 18-Mar-17 08:20:35

What do you mean? Might it cost us even more?
I was hoping that putting it in court would be the end of it! So frustrating that this knobhead incompetent twat has got away with it angry

Squills Sat 18-Mar-17 09:28:53

What do you mean? Might it cost us even more?

I assume because in order to take the case to court you will need to pay court fees up front. If you loose you'll forfeit those and the defendant will likely be awarded costs - again to be paid by you.

Taking matters to the court always has a risk element to it.

Andrewofgg Sat 18-Mar-17 11:44:22

Even if you win you have to make the debtor ay and that is rarely straightforward.

Andrewofgg Sat 18-Mar-17 15:41:58

* make the debtor pay.

If you lose you won't (in the small claims court) be ordered to pay costs but you will lose your court fees.

But I will say it again; a judgment for money is just a piece of paper with the court seal on it. It isn't money. Unless you know something aobut his assets I would not bother.

ShowMePotatoSalad Sat 18-Mar-17 15:44:14

Only bother with small claims if you have evidence of all the communication and pictures of the damage etc. Otherwise it's just his word against your's.

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