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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3629
Experience:  Solicitors 2 years plus PQE
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I have an outstanding bill for over £4,000 the people I worked

Resolved Question:

I have an outstanding bill for over £4,000 the people I worked for employed me by the hour and basicaly took the chance to not pay me as it had got to this amount, they are making up storys that my work is not up to standard which I know is not true, it has been said that we could appoint a servayor to look at just one element of the work but I want the servayor to look at the hole job as I did a lot of work there, they rufused having the whole job looked at, so can I force the issue though a court order because a judge would need something to see when it gose to small claims court.
My name is Chris.
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
Have you invoiced them for the work?
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ yes I have sent a detailed invoice to them and also served them with a statutory demand which they managed to get set aside because they put in a counter claim for more money then what I was claiming having said that there counter claim was just made up amounts which had nothing to do with me, they have sugested that a survayor is appointed to look at the wet room I built but I want the whole building servayed as I did a lot of work on an hourly rate for them which they have refused me having ths done, my question is can I get a court order to make them have the whole house servayed as I think that the small claimes court would require some referance to work competed etc.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Do you have records of the work you have done?
Ultimately you cannot get a court order forcing them to get a surveyor on the property - however if their claim alleges that your work is faulty, they will need to prove this, in order prove this they will need evidence. Evidence is most likely to have to be in the form of an expert report such a surveyor.
You are entitled to claim for you are owed and invoiced for, if the other party are alleging a breach of your obligation to provide the service with care and skill again they will have to prove this with evidence.
What does their counter claim allege and what evidence have they provided?
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3629
Experience: Solicitors 2 years plus PQE
Alex J. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi AJ there counter claim was for finishing a staircase that I had almost completed and also there rent as the job went over time but there was no contract and I was employed by the hour the job would of been finished if they had paid me and at all time's had the control to hire and fire guys I told them that there was to much for me to do on my own, there reply was the workmanship would be lost, in a word they sore an opertunity to save £4,000 and took it and now making up all sorts of storys that my work was faulty etc which is not true, just want to know the best way forward here they are saying that they will take me to court for there losses but nothing has happened as yet yes I will take them to court but would rather them pay the court fees first but I guess the court would ask for a servayor to b appointed but I want the whole job servayed not just the wet room, as I did lot of work there and for little money I want to claim for all works done and thought that if a servayor was appointed could maybe sort this out without going to court.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You could hire a surveyor yourself and use his opinion as evidence but this is likely to go to the small claims court and you wont recover all these costs.
Ultimately this comes down to evidence and a matter of fact. Under the Civil Procedure Rules you are obliged to prove your claim. If you can prove you worked these hours and have invoiced them properly then your claim will be successful. If they can prove you did not do the work with "care and skill" then they can claim for damages.
Making wide sweeping statements about the quality of your work and what was agreed will not go down well with the court. What you need to do is the following:
1. Prepare a chronological statement of what was agreed;
2. Refer to all emails or purchase orders showing the works that were agreed;
3. If you have a record of the hours worked and on what days refer to these and send them to the court as evidence.
If you can show that your evidence is more consistent and reliable that the defendants then your claim will likely be successful.
I look forward to hearing from you.
Kind regards
AJ
Customer: replied 2 years ago.

Hi AJ so do I get a form from the court and send in all the evidence before going to court how dose this work from now on whats the procedure.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Have you already issued a claim?
In my mind if you have invoiced for the works and are confident you can prove it, then this is straightforward money claim which you can commence here https://www.moneyclaim.gov.uk/web/mcol/welcome
Kind regards
AJ

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