Small claims - court advice

[katieks]

My builder didn't finish work and said for me to have X amount withheld from final payment for me to find someone else - except that the someone else cost me double that. He's now taken me to small claims for the outstanding amount, plus extra unexpected materials cost, plus he's increased his original quote amount.

My defence to initial small claims notice included copies of original quotes, plus photos of text messages between us (I don't know how to get them off my phone) as well a full outline of what actually happened (he states the work wasn't finished as I was impossible to work with!).

Now I've had notice of direction that it's going to court. Fine, but I've already submitted all the info and evidence in my defence as I was hoping that that submission would avoid court due to the facts and evidence submitted. Now the builder has my entire defence whilst I have a brief outline of his initial accusations, allowing him to prepare much better.

I don't have time for all of this really, but want to give it my best shot in court in case he has lawyers, etc. The amount is only just over £2000. Any advice as to what I do? I don't have anything to add to my defence as submitted it all in 16 page document plus 12 annexes!

sorry it's not clear, but I never agreed to only withholding X amount and instead I withheld what it cost me to finish the work. THe builder himself declined finding someone himself - said everyone was booked up months in advance!

He can't claim lawyers fees in the small claims court.
Don't worry that you've given too much info away, the court would rather see a full, clear defence than piecemeal docs

OK thanks. I suppose it'll just be a case of him defending himself against my version of events and the evidence I've submitted to support my defence. If he wants to use any counter-evidence documents or witnesses -does he need to inform me and show me the evidence before court appearance?

Did he send you a Letter Before Claim offering an Alternative Dispute Resolution (mediation) & summarising the documents he intends to use as evidence before Sending the actual Small Claims notice.

If not he missed out a vital legal step & the court could throw the claim out on that basis.

Small claims court like to see that you have tried to resolve things so you setting out your case/evidence clearly & him being vague will go against him.

You need to show that the work quoted for & that you agreed to was not carried out & the money you withheld is equivalent to the part of the work not carried out.

You can also counter-claim for the extra expense you incurred in putting the work right.

Initially I offered to meet with an 'independent' person and stated that I didn't want to deal with his parents. His father kept writing to me offering to meet with him as apparently builder himself wouldn't communicate with me. I didn't take this up as I didn't feel his parents were independent but I didn't actually ever reply to his father (I got lots of letters including some rather threatening ones).

No letter ever summarised the documents he intended to use as evidence. He did send a breakdown of what he was claiming for but even this was full of mistakes (such as not including a payment I made and can prove!!) as well as higher than original quote amounts.

Is it therefore possible that the judge can still throw out case before it makes it to the actual court hearing?

This is a template of what you should have been sent

I'm not a legal expert but I work in the accounts dept if a construction firm & I send out these letters to poor payers

www.which.co.uk/consumer-rights/action/letter-before-small-claims-court-claim