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Hello my name is ***** ***** I will help you with this.
For now please let me know who you actually paid, was it the contractor or consultant?
I paid to the consultant and the contractor
they are sending separate invoices
two different companies
Ok - did the consultant know the contractor wasn't any good?
He claims that this contractor completed few project before under his supervision
and it was good
Ok - so he didnt know and you have no evidence that the contractor was sub standard?
I am not sure if he was sub standard
he completed most of the work alright
Ok - sadly unless the consultant knew then you have no claim against him/her
but the contractor disputed some extra work and demanded more money
If you brought a claim you would need to show that, on balance the consultant knew that they were not very good.
Then and only then would you have a claim against the consultant.
This is because you have two contracts, each one is individual.
what if the contractor was not good and the consultant knew it and didnt tell us
As such that means that you can not bring a claim in its own right against the consultant.
However you can bring a claim for breach of contract against the contractor.
You need to get a number of quotes for getting the work done and completed. This is your loss
but looks like the contractor is insolvent
Well you would need to know the consultant KNEW about that.
You can't make up the allegation that the consultant knew without any evidence.
contractor does not have any money to cover the work or future work to be completed by different contractor
Ok. Sadly your only cause of action (unless you can show the consultant knew) is against the contractor.
But I can give you the process to follow to sue the consultant if you want?
what is the process
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you 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.
Can I clarify anything for you about this today please?
I think that's it
but you are saying that I have no chance to win it through the court
I can try but chances are slim yes?
Very slim - you would have to prove knowledge.
In reality I can't see how you can do that
I am sorry
thank you for your service
have a good day
I am sorry its not better news I really am.
Can I clarify anything else for you today?
that's it for this moment
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