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Small claims court!

9 replies

Numptysod · 12/03/2019 12:58

I am taken a tradesmen to court for bad workmanship - i got 5 quotes all the same, saying rip out bathroom and put new pipes in - roughly 3k

Already paid 5.4k

What if I lose due to not letting them to resolve the issues?

Had 3 leaks keep having issues, and never resolved - and tried to mediated through check a trade,
And he refused!

Pointless tbh him coming back?

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Numptysod · 12/03/2019 12:59

I worried he get me for not allowing him back, I be paying his court fees?

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AnchorDownDeepBreath · 12/03/2019 13:14

Did you give him any chance to put things right once you told him about the problems?

If you haven't, that may well affect any award.

Numptysod · 12/03/2019 13:18

He had 3/4 attempts with ongoing leaks! He wanted 48 hours before he would come to fix issue at time was staying at house to finish renovation and buy furniture but wasn't willing to turn water off. So got emergency plumber

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EvansOvalPies · 12/03/2019 13:21

You would have needed to allow the tradesperson the opportunity to rectify the situation. If you didn't do this, there is every chance you will lose your case.

My partner is a tradesperson, and a member of Checkatrade. As I understand it, the tradesperson cannot refuse mediation (not entirely certain, as we've luckily not been in that situation). But the tradesperson does have to respond one way or another to the customer, otherwise negative feedback will be allowed. I'm not sure how it works after that, though, tbh.

But you do need to allow the tradesperson a reasonable amount of time and fair chance to rectify your problem. Difficult to say, without knowing all of the details.

Numptysod · 12/03/2019 14:29

He had 3/4 chances and mediation on check a trade!

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EvansOvalPies · 12/03/2019 15:31

I'm not entirely sure what the scenario is here. Firstly you said you were afraid that you would be penalised by not allowing the tradesperson to resolve, then you said he refused mediation via Checkatrade (I don't think as a tradesperson you are allowed to do that, by the way). If he refused, were you able to leave negative feedback on his Checkatrade page? That's the normal thing, I believe.

If you have followed the correct channels, given him every opportunity to resolve your issues and he has refused, then you should have no problem in Court. If he has offered to rectify and you are the one to have refused, then you may have an issue. If he has returned to rectify and still provided a shoddy service, you'll probably win.

1Wanda1 · 12/03/2019 15:37

If you are suing him, then unless he makes an application of his own, he won't have any court fees. You will have to pay the court issue fee.

Legal costs are not recoverable in the small claims court, so you won't be liable for any legal costs he may incur, even if you lose.

Numptysod · 12/03/2019 16:06

He came repaired leak and 2 days it blew up and whole bath water (shoddy trap) cheap as poss job!
Basically broke so he did have 2/3 leaks and he always comes back but on his terms - I'm now back at parents due not being able to use it!
He had 2 chances on one job
The others we not sure they fix
We got leak no idea where we think waste pipe

Whole job rushes poor workmen ship

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Numptysod · 12/03/2019 16:07

Left negative report on check a trade trying to resolve before getting 5 quotes

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