Thanks for replying.
The surveyor has submitted a claim to the County Court. I filed a defence, and have received a Notice of Proposed Allocation to the Small Claims Track.
The surveyor's invoice is for £382.50 + Vat (total £459). He calculated this from 9 hours claimed work at £85/hr + Vat, which he has split equally between my neighbour and me. The 9 hours is itemised on a Time Log. I'm interested in the entries he has for 02/11/12, 13/01/13 and 13/02/13.
The entry for 02/11/12 is "Received instructions. Letter to Building Owner (BO), Mr Armstrong and Mr and Mrs ***, [my neighbours] Adjoining Owners (AO)". For this 40 minutes is entered on the Time Log. The entry for 13/01/13 is "Email correspondence with BO & AO" for which 50 minutes is entered, and the entry for 13/02/13 is "Email correspondence with BO & AO" for which 1 hour 10 minutes is entered.
These three items on the Time Log occupied the surveyor for 2 hours 40 minutes, so their contribution to the cost of the invoice I have is £113. I am contesting the invoice on several grounds including incorrect name (and non-existent address) on the invoice, breach of terms of the Letter of Appointment, and failure to provide the service for which I engaged the surveyor. I would like all relevant evidence to be made available to the Court. Should this include all items listed on the Time Log? If so, would I be entitled to request, in advance, copies of the letter the surveyor wrote to my neighbour of 02/11/12 and the email communication referred to in the Time Log entries for 13/01/13 and 13/02/13?
I hope this is the information you need.
Thank you for your interest.
I'm not sure what you mean. I've not suffered any loss because I haven't paid the surveyor's invoice, and because I spotted that he was incompetent before I committed myself to outlaying any money for repair work. If I'd paid under the invoice protest I'd have had to make a claim myself, and the best I could have achieved would have been to recover the money I paid under protest.
Given that I haven't lost any money, what grounds would I have for filing a counter claim?
Are you able to answer the questions I asked about the Time Log entries?