Help! Builder threatening small claims court over additional invoice

[FasterThanASnakeAndAMongoose]

I've posted about this before, but long story short is that we had major building work done. It massively overran (3 months became 8). We paid all invoices straight away. We agreed some extras and paid separate invoices for these as soon as they were issued. Paid the final invoice the day that we got the completion certificate from Building Control.

Several weeks after completion the builder sent a new invoice for £1600. It was for various extras. None of them had been discussed or quoted for. We weren't happy but offered around £400. We thought this was fair and it covered items which although not agreed, had been done and weren't in the original spec.

The rest of the things he was invoicing for were either stand alone items already specified in previous invoices and paid for, or things which were included in larger aspects of the work.

For example, he wanted over £500 extra for moving drainage in the kitchen. He'd got drawings of the new kitchen, saw the old one (so knew that the sink etc had moved) and the new kitchen was waiting on site before he quoted.

Anyway, we offered him a full and final settlement of just over £600. He rejected it, we offered it again.

He's just emailed. He's rejecting our offer and says if we don't pay the full amount within 21 days he'll take us to small claims.

What now? How likely is this to get to court? Home insurance legal cover people won't advise us until we receive the court paperwork.

Every time we've responded it's then taken him at least 4 weeks to get back to us. This is so stressful and horrible. Any advice would be welcome.

If we do end up in small claims, what's it actually like?

Should we retract our offer now and tell him we'll await instruction, or leave it on the table, or pay him what we think is fair?

Help.

It's proper paperwork from the court. No, no offer of mediation! In his last letter he basically said we had 21 days to pay in full. We replied a couple of days later reiterating our offer and reasons. Then we heard nothing for a good couple of months until this arrived today.

My only fear is that he may turn nasty. One of his labourers told us how he'd once broken his wrist punching a lamppost when he thought his wife had cheated on him.

Sounds like a lucky escape for you of almost being scammed out of £600!

I bet hes counting on the fact that a lot of people are terrified by the idea of "Going To Court", but I cant imagine how your case could be stronger! Youve already made a sizable mediation offer as well, I imagine that courts like to see youve already tried to be more than reasonable voluntarily.

If I were you I would let him take you to court.

That way the matter will be dealt with impartially and fairly.

A lot of people are scared of going to court as it conjures up images of court rooms and people in wigs. The county court, where small claims are dealt with, are nothing like that usually a district judge will sit with you in chambers and get it dealt with. (If it even goes that far).

Courts do not like companies who don't send the proper pre action letters & who don't offer mediation as they feel it wastes their time.

This is an example of what I have to send out by law before I can commence action

Turn up at court with all your documents and call his bluff - tell him you will do so.

Just because he goes to court doesn't mean he will win. I'd withdraw my £600 offer also and let the court decide (to now cover your legal advice and time) sounds as if you are in the right.

In my experience the court takes a dim view of people who have refused reasonable offers and/or mediation

Good luck OP

OP I did clock the name don't write any reviews until settled though as you don't want to prejudice the action or give the other party any ammo. I agree with ballet mum as much as he thinks you can just issue wtf you like and 'see you in court', in reality you can't without looking like you won't consider any reasonable settlement. Which he is. As you say, eejit.

Wishing you all the best.

I agree with others. Don't let him scare you, give him nothing.

I also work (partly) in finance- without a contract or other very compelling evidence, I really don't think he has a leg to stand on.

I would counter sue

I was thinking about counter suing, but to be honest I just can't face it. Dh has fixed a lot of the problems anyway and I just can't bear more tradesman stomping about the place with their noisy radios and big boots

I am looking forward to submitting our response though. I've calculated that now our offer is off the table, we only actually owe him £45.

Small claims court is not scary nor is it expensive. That's why he's threatening it.
If he issues a claim, you respond with all your evidence and put your side of the story. This documentation will be sent to him and then it's up to him to decide whether to continue with the action. If he does, the Registrar will have read all the papers and after a short 'hearing' R will make a decision. No Costs are awarded, just a decision as to whether and how much you have to pay builder.

Thread moved on from when I thought of posting!

Sounds like he hasn't a leg to stand on, the w*nker! Go for it OP and enjoy your review writing

Thank you so much everyone for the advice and replies - it is really helpful and very reassuring!

Balletgirlmum - thanks for the pictures of the letter. Really interesting - he certainly didn't send anything resembling that!

kurlique - cheers!

Quick question - In the response, do you think it's worth mentioning how part of our reasoning for offering generous settlements was that we had a baby a week after receiving the invoice, and had a family bereavement, and so just wanted it done without the added stress of court?

No need. You can do that in court if you get there. Don't give away all of your trump cards on the form. Stick to the facts as to whether or not the invoice is legit. As difficult as it is, leave emotion out of it.

As Prada says, stick to hard facts and keep personal stuff out of it.

If you owe him £45, you should pay it immediately, otherwise more costs and interest will be added to it.

In the response, do you think it's worth mentioning how part of our reasoning for offering generous settlements was that we had a baby a week after receiving the invoice, and had a family bereavement, and so just wanted it done without the added stress of court?
No there is no need to include that because it doesn't make any difference at this point but once you get to court it shows that you have tried to be reasonable.

Excellent - I won't mention those things and will keep it brief and to the point.

Should we pay what we believe we owe and write on the response that we've done this. What if the judge doesn't think we owe anything?

Why do you believe you owe £45. Did you agree to that amount? Was it in the original quote & he forgot to invoice it?

I wouldn't pay it but offer mediation.

I think he probably owes you money, get his errors fixed and Bill him for the work! Ask him outright about the copper pipe!

In my experience when it comes to a hearing, refusing mediation and offers to settle count for nothing when determining who owes what - the Judge will simply not be interested, so don't get sidetracked by that. The only relevance they have is to costs, and none are recoverable on the small claims track anyway (beyond issue fee and hearing fee).

focus on gathering the evidence we need to show you've paid what he's claiming/ never owed it, because that is all a judge is interested in.

In your defence, which you must file and serve within 14 days of the particulars of claim (or 28 if you send an acknowledgment of service within 14 days), answer what he specifically sets out - but no evidence at this point, just factually state your response. The time for filing witness statement and evidence will be ordered by the court in due course.

I shall stick to the facts. The £45 is for some valves. Never mentioned and nothing in writing, but they were needed so we would have agreed if he'd discussed it.

I've started the written response by saying that in the absence of any detail whatsoever regarding the particulars of the claim, we assume it relates to the invoice recently on x date for x amount, and our defence is in response to the items listed on that.

He is an arse.