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.

*received, not recently

Now you see if we'd forgotten to account for some valves in our original quote we'd just take the loss.

Or if the valves being needed was something that became apparent after we'd started we would do it as a Variation which would need to be approved by the client in advance or we can't invoice it.

Withdraw the offer of £600.

Draw up a list of all the stuff your Dh has had to sort out and all the stuff which is still wrong like the bath overflow. Get a quote for fixing any outstanding stuff like that. Then send him a counter invoice with everything itemised, so decide on a price for the time your Dh spent unblocking pipes, etc, add it all up and tell him you want Him to pay you!!

The amount of the claim means it is small claims court within the County Court. You need to file your defence stating that you assume the claim relates to
Invoice x dated x. Then go through each item saying - already charged for on inv y dated y and paid for on z date. Then in relation to the £45 explain that the builder has removed copper piping but you are prepared not to indist upon its return or claim its monetary value if he withdraws this part of the claim. A hearing date will then be set and there will not be any order for witness statements etc in view of the small smounts involved. However if there is anything you want to say in addition to what you put in the defence then it is helpful to write it down to refer to. Take a folder of yiur papers, invoices, details of what and when you paid. The hearing will be in a room not open court where you sit round a table with tge District Judge. There is nothing to worry about if you have all the above to hand and the DJ will give you chance to tell your side. If he doesn't turn up on the day you ask for the claim to be dismissed. The most important thing at the moment is to file the defence in time at the court. Good luck. Hope for a successful update at some point.

Oops sorry for typos - stubby fingers on iPhone

Tell him that you will not be paying and contact Trading Standards in respect of his cowboy invoices.

This was the only tactic that got our arsehole builder listening.

Sparing the boring details, he invoiced for a couple of thousand pounds extra to try and cover the losses for his balls up. I told him to piss off and cc'd the email to Trading Standards.

Just a quick update! We responded to the claim yesterday. We detailed out a full defence against each item on the invoice.

We also explained what we were willing to pay and why, and transferred that amount to him.

I understand that he now has 19 days to respond, and then we have 14 days to respond to his response. Where does it end?!

Will keep you posted!

Blimey - I hope it gets resolved now you have outlined everything.
But I have a feeling this guy is a chancer and won't let it go.
Just keep responding with facts.

We've had a response! He doesn't accept our part admission payment. Now both parties will be sent a directions questionnaire to determine which track it should now follow.

Does anyone know - is it at this point (when questionnaires are returned) that a judge will look at it?

Could they say it's a load of crap - drop it?

If they suggest mediation, will it reflect badly on us if we refuse? I don't see what it could achieve. We've already paid what we believe we owe (and then some).

Argh

No, an admin clerk will look at the directions statements.

They prefer it if you try mediation, but if you have sound reasons not to you can go straight to court.

Quick update!

We sent our defence which we based on the items in the invoice. We couldn't respond directly to the particulars of the claim as he didn't put any detail down at all.

We received and returned a directions questionnaire.

We've now had a copy of a letter from a judge saying that the claim is stayed because the particulars of claim were inadequate. He now has to supply us and the court with sufficiently detailed particulars by x date, or his claim will be automatically struck out.

I wasn't expecting this but very pleased! I did wonder at the lack of detail he sent and thought maybe it was a tactic and he'd done it before. Turns out he's just an idiot

Love the idea of a fiver a week!!

A fiver a week, in pennies tipped through his letterbox

the claim is stayed because the particulars of claim were inadequate. He now has to supply us and the court with sufficiently detailed particulars by x date, or his claim will be automatically struck out

This is why I think it's a shame you paid him any more at all; it sounds like a complete try-on, where he hoped to get more if he pushed hard enough - and up to a point it's worked

Even if he's capable of supplying further detail it seems you can refute it all, so I'd definitely leave it up to the court now

I've lurked for ages on your threads about this. I've come to the conclusion that the man is a class a knob.

Good for you for fighting!

Great news.

Keep at it and even if there is a hearing when it is a litigant in person the District Judge will talk you through what he wants hear from you.

It is just you and the builder and the judge sat around a table - not open court like on TV.

Assuming the builder gets his arse in gear and does file a revised Particulars of Claim when you go to court just have your written answers to each item to hand and ask to refer to your notes if you need to.

I suspect it may just get struck out. Do keep us updated.

Also do make it clear that you offered the part payment before he issued proceedings or they may order you to pay his issue fee.

Oh that's great news. Hopefully he won't reply and that will be the end of it! These things really drag on don't they?

Be warned though that if you lose you will have a CCJ against you whiuch will affect your credit rating.

Not if she pays the judgment in full and applies to have it removed from the register. It is unpaid CCJs that affect the ratings.

So now you wait. If he does not put in detailed particulars the judge will strike his claim out and that is that.

Wish all posters were like you, you keep coming back when there is something to update! I am just waiting for the one were we get to pop open the celebratory for you

Don't worry, I'll keep updating till it's done! Thank you for the good wishes - looking forward to the !