Been summonsed to court by trade company help

[Chchchchanging]

Structural surveyors did some work for us which wasn't as requested and not fit for use
We provided builders phone number so they could discuss directly but they never contacted the builder despite us chasing them
We had email and phone discussion with then and basically got to 'it's not what we asked for so what's a fair course if action' to which they were due to confirm back.
Except they haven't and yesterday I received a defendant note from small claims court asking for the original fees and then costs on top
If I defend do I need a solicitor or can I self represent? I can't afford to pay all costs if we lost in on mat leave shortly too
It's the fact we agreed action- for then to be in touch -and they have gone straight to litigation
It's £600 so not largest amount but the new company who did the accurate replacement job did it immediately without issue at half the price which is failing though perhaps irrelevant (we had to use someone else by this stage as they weren't contacting builders despite chasing by us as builders and steels needed to be ordered)
I'm conscious they can prove they have don't work which we've not paid invoice on, but that I can demonstrate through email the discussion over quality if work and disagreement over bill payment
We've never said we won't pay, just queried a fair level
Any recommendations?

Might be worth posting this in legal to get more advice?

have only used small claims the other way around, but my understanding is that the courts don't look favourably on claims where no attempt has been made to arbitrate or negotiate prior to sticking in a claim. So if the communication has gone as you have said it should be in your favour, as they clearly haven't tried to reach a settlement. I think they should also warn you they are planning on going to court if you don't pay by x date.

You don't need a solicitor. it's very informal (ime) from a legal jargon and process perspective.

Hopefully someone with better legal knowledge will be along in a bit to help - good luck!

I agree you should post in legal - or ask HQ to move your post there. You will need to give your defence, including list of phone calls, copies of emails and you must attend court or they automatically win IIRC for a small claim.

Are you sure the letter is from the court, and not a "blue frightener?"

Thabks for replies- will ask for transfer to legal
It is a blue note but states summons and defendant is named- btw name is what I'm known as but not my official name eg Dotty / Dorothy etc does that matter?!

From what I understand you can take them to small claims court for poor workmanship that needs remidying, but you can't withhold money, and as awful as it is, as they have paid for materials, they are within their rights to take you to court for payment. You are actually lucky they are doing it this way as some less than reputable firms will remove the materials that they used leaving you in an even worse state - this happened to someone I know with their drains. They came home to a moat around their house...

OP - if that's the name they know you by that you use and you know it's you, then it will still stand. There are often small errors of this sort in legal documents a they don't result in the case being thrown out when the parties understand what was intended. Sorry, you won't be off the hook for this!

The cost to them was in time rather than materials- we have never indicated we wouldn't pay just discussing the amount due given to issues with work
Many thanks for your comments
Our wifi is down but my some miracle I can gps mn every cloud

How do I get this moved?

Report your own OP and in the box ask HQ to move it to legal.

The small claims court is designed for people to represent themselves.

I suggest you fill in the defence form saying the work wasn't up to standard because if x, y and z. You were prepared to negotiate over the price per your last email. You are prepared to pay x because that is what you think the work is worth. You are not prepared to pay costs because the email chain shows you were willing to discuss the fee level but they have needlessly gone to court without entering into those discussions.

Check your home insurance policy. Does it include legal expenses cover? Quite a lot of policies do as an add-on, so if you have it, it might be worth discussing with them in the first instance.