Hi Alex, thanks for your response. The initial sum borrowed in 2008 was in excess of £20,000 (I don't have the paperwork to hand for an exact figure, but can find it given time) the balance of the loan is approximately £15,000. I've been making the full payments of £257.11 since the end of 2009 and a successful PPI claim in 2012 reduced the balance by £6,750.88. If I was being stubborn, I would say the cost of 'putting it right' would be the equivalent of four years' repayments and the outstanding balance totalling around £27,000. I would however settle for the loan balance being repaid (£15,000) and for him to liable for any legal costs in reaching a settlement. Regards Jo
I haven't had any quotes. Why does this impact on advice regarding whether or not a civil claim can be made relating to payment for services not provided? Or if he can be compelled to contribute to the repayments already made or in the future.
I can only assume that since we borrowed approx £20,000 it will cost around that to complete the extension and finish the drive. It would cost significantly less to demolish the extension, complete the drive and make other necessary alterations as appropriate. I'm not in a position to get a quote for several weeks. Are you able to provide any advice regarding the options available to me based on the information I have supplied? d
Yes this is a breach of contract.
What you need to do is appoint a surveyor to produce a report which can be used in Court.
You then need to get a number of quotes for getting the work done - this forms your loss.
You need to write and set out your losses and request a payment or the work done within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
If it is above £10,000 then it will be a fast track trial and you will need representation for that.
You can then produce as evidence the surveyor report you obtained earlier to convince the Judge to find for you
Can I clarify anything for you about this today please?
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