Court situation

[Elephantslegs]

Using small claims I am taken a plumber to court for poor workmanship, so had to pay £4000 to rectify a £5300 bathroom installation

Had 5 leaks, kept saying he would come back and resolve but how many times would you trust someone to come back who bodged repairs! So I got few quotes and fixed it!

Then took bathroom guy to court for repairs, £4000

Court saying should of waited till court decided on what happens, court date next year -June 2020.

Bathroom guy solicitor is saying he wants surveyor to do expert report, judge said heating engineer but didn't write this on latest report, just witness expert report!
This report is due January 10th - but both of us have to pay for it up to max of £750
He solicitor isn't agreeing, and says it doesn't matter if report is in 12 jan or 10 feb, surely that incontempt of judges wishes???

And he trying to get case thrown out of court ???

Help

Can not afford to pay, to get own solicitor!

I'm not sure I fully follow:

you started small claims proceedings then got quotes and repaired the leaks in advance of the small claims judgment. The judge has said you should have waited for the judgement and has asked for a report into the repairs and for that to be completed in Jan?

I'd listen to the judge over your opponent's solicitor (who is paid to not have your best interests at heart). Is the solicitor not agreeing to the engineer you are suggesting?

You'll need to find a plumber on the gas safe register. I'd personally approach three engineers, if they are available to inspect and draft a report I'd pass their details to the solicitor and get them to agree to one by COB on the 6th Jan. if they don't I'd go back to the court and ask for further advice. I'd suggest you need legal advice first and foremost though.

So I given the solicitor 2 different engineers who have agreed to do it, but solicitor saying it can be surveyor?

Solicitor now away till 2nd January, it won't be done in time?

I already paid for the repairs so I can get tenant moved in I can't wait till may 2020 for court hearing.

I can not afford solicitor fees, I'm on ESA. There no such legal aid anymore!

I got legal on landlord insurance? Could try them.

Definitely try the legal on your landlord insurance. A surveyor isn't an expert when it comes to plumbing surely, a plumber would be though.
Speak to your legal cover and see if they can help you. Hope you get it resolved

This will be a hard one to argue as you already got it fixed

My plumber who repaired it gave me 23 photos and issues that kept occurring which we didn't no about!

I don't care about money it more, who else has he screwed over! He smarmy git

What about

Which legal advice for £9 month!

Any good?

You have photo evidence which is very helpful. Write to the solicitor in letter form with your suggested experts. If they won't agree, write to the court for further directions. Make sure everything is copied to the other side and keep copies in your bundle.

I am writing letter to solicitor so
They know on 10th of jan they won't have any report! Solicitor not back
Till 6th jan

Then I only got one heating engineer who willing too after 15 phone calls

I mean the court!

Solicitor had emails of the details!

I ams struggling to follow your thread OP.

The value of your claim is correctly dealt with in the small claims track which means, yes you can use a solicitor but you don't need to and in any even those legal costs are not recoverable.

Are you sure the judge said what you suggested they did? I cannot imagine any judge suggesting that you shouldn't repair something that is leaking water through your property and therefore risking significant damage.

I can imagine what they would have wanted is a report prior to the repair stating what the issues were. Could the plumber you used not prepare one for you?

In the end judges are realistic (usually)

I got it repaired then took it to
Small claim courts, but judge did say if workmanship was already corrected, then an estimation is still required as I could of used most expensive quote but I did get 4 quotes, it was who could do it quickest

My plumber has given me 33 photos with comments on each of them!

I'm guessing there's an issue because you don't appear to have made any efforts to allow the original plumber to "make good" their own cockup. You need to have an exceptional case to be able to avoid the usual workflow which starts with asking the demonstrably incompetent to fix whatever it was they demonstrably were incompetent at in the first place. It's a massive flaw in a legal system which had a naive "good faith" view that everybody is competent and legal.

The guy had 5 chances 5 different leaks/ issues he had plenty of chances to resolve every issue! It was poor work

More issues were found once we started work again!

Boiler condense was leaking, complete different job more issues/leaks!

It became a laughing joke!

The guy had 5 chances 5 different leaks/ issues he had plenty of chances to resolve every issue! It was poor work

I don't doubt he was hardly the boiler whisperer or dances with taps. But in general you are expected to give them a chance to "put things right" before you launch into court action. A lot of people - especially people who aren't familiar with the law - forget that going to court is the absolute last resort. It's an admission that you have become involved in a dispute that cannot be settled without the grown ups getting involved.

And just like real grown ups, courts and judges really detest people who haven't done (or more importantly can't demonstrate they have done) everything they could to have avoided going to court.

Waste pipe he was allowed to come and repair and pretty much did cheap bodge job, so did come back and have a chance to fix it properly instead cheaply bodged it!

@ProfessorSlocombe
Did you miss the bit where OP stated she gave incompetent plumber many chances to fix the issue.
Also you are wrong. To say you have lost faith in your tradesman (for very good and provable reasons) is perfectly acceptable.

Is the expert meant to be commenting on the competency of original works or the cost of the work you've subsequently had done? Surveyor would be my preference for the latter.

Also you are wrong. To say you have lost faith in your tradesman (for very good and provable reasons) is perfectly acceptable.

Nothing ends the year better than someone telling you that you are wrong in the same sentence as backing you up .

Happy New Year !

They suppose to report on damage and chat to the plumber I'm taken to court, mutual understanding of situation then look at photos and give prospect estimation of what did need to be repaired!

Surveyor would be able to do that. Unless they are asking the expert to comment on causation i.e. the cause of the leaks and then an engineer would be better.

Thinking it's what cause leaks, was it poor workmanship? Rushed job? Or mate who fitted it wasn't plumber but maintenance guy for council!