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Opened a small claims case, now v worried!

51 replies

shouldIbecrossaboutthis · 25/07/2012 22:08

Long story short.

I asked an architect to draw some plans, cost £300. Architect didn't go to planning office as promised & was slow to reply to my emails (3/4 days) so I was worried about paying my bill prior to receiving the plans as thought he might be a scam. I paid the bill 3 weeks late after doing more research on the company and after getting legal advice via house insurance.

Paid the bill and asked 3 times (over 6 weeks) to be sent plans - architect never replied. Sent final 4th email saying please refund money (had to get new plans done!) or else I will open court case (nearly 9 weeks after I paid). Again no reply so I opened the Small Court case.

In addition I hired this architect through mybuilder and you can leave feedback - I left him negative feedback.

Got an email from architect today saying:

  1. I frustrated the terms of the contract by paying late and as such architect was within rights to take my £300 and give me nothing in return
  2. Architect will be opening a counter claim for "the time and any and all losses associated with my court action" 3)My negative feedback is defamatory and if the architects workload is affected by my feedback "reasonable quantifiable losses" will be sought

I'm a bit stumped here. I know I paid the bill late, but surely that doesn't make it ok for him to skip off with my £300? I'm going to get some legal advice tomorrow but until then wondered if anyone here could help.

Thanks.

OP posts:
mistlethrush · 15/08/2012 13:49

He could have sent in something for 'preapplication discussions' which is basically where you ask for comments from one of the Planning Officers before you submit your application - normally there is a fee associated with this.

Tbh, it doesn't sounds as though the plans would have been any good even if he had have sent them.

All the architects I know send copies out as PDF so that people without the complicated drawing packages that they are drawn on can view them.

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