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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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as a contractor for letting agent, I carried out works on

Customer Question

as a contractor for letting agent, I carried out works on a front pathway, when the owner returned to use the property, she stated that the job done was not to her satisfaction.
She took the letting agents to court and among other things sued for the path to be
re-instated. I gave the agents more than double back what I actually charged.
As the owner hasn't had any other work done to this pathway and is still in perfect order, is it feasible that I can know take her back to court in an attempt to recover my losses.
If there was anything at all wrong with the materials or workman
ship, I would not be trying to take this further. Do you think I have a case please ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Did the agent give you a chance to put right?
Customer: replied 2 years ago.

There was no problem with the agent, they thought it was a good job and there was no realistic way of making it any better.

(owner was on the make) was the thoughts of everyone involved.

Expert:  Ash replied 2 years ago.
Ok. What would you like to achieve? Have you not been paid for the work?
Customer: replied 2 years ago.

I was paid for the work, it was sometime later the owner came back and when she won the case I was asked by the agent to pay the owner the amount of damages she was awarded on that part of the case. I paid the agent over twice what I charged.

Approx £600 charged and £1300 paid out.

Expert:  Ash replied 2 years ago.
So you have paid already?
Customer: replied 2 years ago.

yes, this was more than a year ago. Ample time I would have thought to spend her winnings on another path

Expert:  Ash replied 2 years ago.
And you want that money back?
Customer: replied 2 years ago.

Yes, I would like it back if possible. This lady, in my view, fraudulently(if that the correct word) made a case against my work, purely to make money, I feel this is wrong and she should be made to have another pathway or return the award.

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund 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 refund 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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Are you able to give me a guide as to what to write

Expert:  Ash replied 2 years ago.
Just set out what you have told me. You did the work, they wanted payment, you paid under protest and want the £ back.
Alex
Customer: replied 2 years ago.

thank you

Expert:  Ash replied 2 years ago.
You are most welcome!
Alex
Expert:  Ash replied 2 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.