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My husband was refurbishing the clients house ,he did the job

Customer Question

My husband was refurbishing the clients house ,he did the job for 3 weeks, but he had to stop the job as it was a very difficult customer, constantly adding extra work that was not in the written contract, the house full of clutter and it was very difficult to work, she was sleeping till 12pm and didn't like noise in the flat, the last drop was when she accused the electrician of assaulting her, my husband decided to stop the work, because he was not sure, what else might happen there. It means he did breach the contract and she gave him to court as insurance is paying her expenses, and now the court day is coming, (We had the consultation with the Barrister, and he explained us that if we'll loose the Case we'll have to pay her solicitors fees and the money we own her. Before, we send her calculation and it came to £3.000-we send her the cheque, but she refused to accept it as she wants £18,000, from which £13,000 are for stress)we paid our solicitors fees, no money left at all

We don't have the house, we rent one. As our lease has ended we found another house, so we had to sell the vehicle, because we needed money for deposit and one months rent. The vehicle, was worth £8,000, (on eBay it was about £7,000-10,000 we sold to our friend, so he agreed to hire the vehicle for me 2 days a week and insured me as a second driver. Before the vehicle belonged to my husband, but I was using it a few days a week for my business .My husband was using companies Van,
The money went straight to my husbands account and we paid the deposit and one month rent for the house, and the bills from the previous house and our solicitors fees. There is no more money left, nor for the court nor for the solicitors.
This case took for 2 year, my husband never had any problems with the customers, he got the best ref. just he was unlucky one to do the job for somebody who wanted to screw him up.
We do not have any valuable things, nothing at all

1.What will follow next?

2.If the things will go wrong my husband decided to go
bankrupt,
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

What is she claiming for? What actual sum and for what loss?
Customer: replied 3 years ago.

firstly for breaching the contract,but my husband had no alternative to end the contract for the refurbishment works prior to it's completion for reason of claimant's delays, constant change of mind, instructions, false allegation of braking music centre(!) allegations of assault made by her against one of our contractors. he was left in the situation where he was not only incurring losses as a result of the delays being caused, but also afraid of any further false allegations against himself. He invoiced the client for the work carried out and returned the balance of £3600, together with the receipts for the materials purchased.


The Quote was £19,300.00


Total for work £3685


Total for material £1384.41


Sub total £5069.41


Money received £8720.00


Total to refund £3650.59(didn't accept the cheque)


She is claiming:


Rectification cost,


Cost of additional tiles


Storage TBC


Replacement Sony Home theatre, demages for distress and inconvenience, cost of eating out whilst without a functioning kitchen, los of rental income and so on


it came to £18,000.00


 


 

Expert:  Jo C. replied 3 years ago.
Ok. Thanks but what is she claiming from him?

It should just be the cost of completing the work.
Customer: replied 3 years ago.


She is claiming £18,000.00


The work was done for £3685 it was not compleated,he received £8720 from her,and for material he spend £1384.41,and £3650 we send her the cheque.


he was doing the kitchen corridor and helped her to empty the sitting room, after that was accused of steping on her musical centre while carried out the sofa,


 

Expert:  Jo C. replied 3 years ago.
Did she retain the materials or did he keep them?
Customer: replied 3 years ago.

 


He left everything in her place,just collected his tools

Expert:  Jo C. replied 3 years ago.
Are you self representing in this matter?
Customer: replied 3 years ago.


We have the solisitor(she ashured at the begining that we'll win the case),but after the conference with the barrister, it's clear that even we'll win(but it looks that we'll not)the expenses will be too high for the lawers, he breached the contract ,as the barrister said,


so as we have no money at all left,(She got insurance paying for her, our insurance is not covering the dispute, as they say)


 


 

Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return.

I see the other expert has left the conversation so I will help. What is it you would like to know about this and what do you want to achieve please?

Customer: replied 3 years ago.


Hi Alex,


My husband was refurbishing the clients house ,he did the job for 3 weeks, but he had to stop the job as it was a very difficult customer, constantly adding extra work that was not in the written contract, the house full of clutter and it was very difficult to work, she was sleeping till 12pm and didn't like noise in the flat, the last drop was when she accused the electrician of assaulting her, my husband decided to stop the work, because he was not sure, what else might happen there. It means he did breach the contract and she gave him to court as insurance is paying her expenses, and now the court day is coming, (We had the consultation with the Barrister, and he explained us that if we'll loose the Case we'll have to pay her solicitors fees and the money we own her. Before, we send her calculation and it came to £3.000-we send her the cheque, but she refused to accept it as she wants £18,000, from which £13,000 are for stress)we paid our solicitors fees, no money left at all

We don't have the house, we rent one. As our lease has ended we found another house, so we had to sell the vehicle, because we needed money for deposit and one months rent. The vehicle, was worth £8,000, (on eBay it was about £7,000-10,000 we sold to our friend, so he agreed to hire the vehicle for me 2 days a week and insured me as a second driver. Before the vehicle belonged to my husband, but I was using it a few days a week for my business .My husband was using companies Van,
The money went straight to my husbands account and we paid the deposit and one month rent for the house, and the bills from the previous house and our solicitors fees. There is no more money left, nor for the court nor for the solicitors.
This case took for 2 year, my husband never had any problems with the customers, he got the best ref. just he was unlucky one to do the job for somebody who wanted to screw him up.
We do not have any valuable things, nothing at all

1.What will follow next?

2.If the things will go wrong my husband decided to go
bankrupt,


 

Expert:  Ash replied 3 years ago.
What stage are proceedings at the moment please?

Customer: replied 3 years ago.
Pre-trial revue in 2 weeks time for 20 min
Expert:  Ash replied 3 years ago.
Thank you. The Pre-Trial Review will be to decide if the matter is trial ready. If so the matter will be set down for trial. If there are outstanding issues then the Court can give Directions about further timetabling of the case - this will allow all parties to prepare to file and take any final steps.

If you lose then your husband could go bankrupt as long as he has no assets for money. If he does then these could be seized by the Official Receiver. He could also consider an IVA which is a voluntary arrangement with creditors but not quite bankruptcy. For more information on bankruptcy please visit: https://www.gov.uk/bankruptcy/overview

Can I clarify anything for you today about this please? Alex


Expert:  Ash replied 3 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.
Expert:  Nicola-mod replied 3 years ago.
Hello,

Just a quick reminder, there is an unrated answer waiting for you here from the Professional.

If the Expert was helpful, rating their answer as satisfactory transfers your deposit to them – this is how the Expert is compensated.

To rate your answer, you can go to your question page, and click one of the five faces below your Expert's answer. Please be sure you are logged in with your username and password or you will not be able to view or rate your answer.

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Thank you,
Nicola

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