Any experience of small claims court. Builder taking us to court.

[MangoSeaso]

Long story short. Builder has done some works for us. Started off fine but then at the plastering stage took absolutely ages eg 2 half days of work in a 2 weeks period. This went on for a while. Also some other issues but the plastering was a crap job we've untidy finishes in every room. There's also some unfinished work but we were getting fed up with the builder not taking responsibility with stuff that has happened / denying things and we got rid of them. During this time he sent over an unqualified guy to paint an unfinished plastered room to keep us sweet which he threw in for free even though we disagreed. Work was shoddy as the lines are jagged where the 2 paint colours meet etc. So basically now have to buy and repaint the room ourselves inc filling and sanding. Before we did this we asked now much was outstanding. He told us and we paid. He then said we owe him money for the painting. Our last conversation was quite heated and we said we weren't paying and that's it.

It's all a bit of a mess but he's wanting to take us to small claims court which I have no idea what that involves.

Would be grateful for any useful advice and are we in the wrong - should we just pay it?

bump!

You need to screen shot all the messages between you, save any emails, photos of the work, quotes etc and also write down now all the details you can recall if the conversation and at what time etc. then call your house insurer tomorrow to see if you have cover legal disputes. I doubt he’ll go as far as small claims because he won’t want to pay the court fee but you can defend yourself and there is an option for mediation. He’ll have to submit in advance any paperwork he is relying on and you can respond to it in court and of course supply your own. Be prepared for unscrupulous traders who use ms outlook to fake emails, in this instance ask for the metadata which will detail when it was sent etc. if they use gmail or similar, they are more difficult to fake.

Yep, definitely keep and record any correspondence. If it does go as far as mcol you will have the opportunity to defend yourself and counter evidence any claim against you. If the builder goes ahead with their claim they will have to go ahead and pay a fee on a sliding scale before you are served. You will then have 14 days I think to respond. It is best to respond and challenge the claim against you. If you respond, the claimant will then have to get solid evidence against you to have any judgement passed. Hope this helps.