Hi Alex, thank you for taking a look at my questions.
The 7 windows came to approx. £10k. I have paid circa £2k deposit and the letter received is to recover the sum of £7,622.19, essentially the outstanding amount on the full balance.
Anglian have not been able to take this money because their I was never able to sign to say I was satisfied with their work. Obviously now their windows are now in my garage.
My counter claim would include the following which I made Anglian aware in one of several letters dated 15th August 2014:
- Removal of Anglian windows (£1,600)
- Additional month of temporary accommodation due to delays (£600)
- Deposit (£2k)
I did make reference to a 2 week cost delay on my building team too but actually all that I want back is my deposit and put this behind me.
So to answer your question:
Anglian claim - £7.6k
My claim - between £2k - £4k
I do not believe so. I have received a notice before court proceedings. Please see attached.
Many thanks Alex for your advice.
Firstly please could you remove the image with my home address from this thread.
In terms of the best course of action, would it be best to pay in full and then seek the money back via a small claim court?
What are the likely costs arriving from such a counter claim?
Are there any no win now fee or capped cost options available to me?
Can you suggest a good law firm to proceed with?
if legal costs cannot be recovered, why are Anglian legal team telling me I may have to pay their legal fees too? Also with my claim only being up to £4k, surely my legal fees could easily cost that much too?
Going back to my previous questions, in terms of the best course of action, would it be best to pay in full and then seek the money back via a small claim court? This is quite an important question for me as small claims *seems* easier/friendly and doesn't normally require legal represenation right? Is it possible to ignore this "before court proceedings letter" and immediately make a court claim?
If we continue down the path of defending and countering, what are the likely costs arriving from such a counter claim?
Are you able to recommend a good solicitor to proceed with?
I have just a few other questions after this namely:
You have mentioned you believe I have a valid case. What kind of information should I have in place to ensure I have as water tight a case as possible?
Is this the kind of counter claim that can be undertaken personally, without employing the services of a solicitor?
Should I get in touch with Anglian legal team and explain the position I am taking and supply the documented evidence of the issues and continued failure of Anglian Windows to fit my windows?
From the information you supply I am trying to weigh up pro's and con's and determine the best course of action.
Hi Alex, can you explain what you mean by "If what you owe them is more than the cost to fix then they need to sue you for the balance and you defend that sum"
Essentially Anglian are demanding £7,622.19 which is the final amount due if the windows were fitted to a satisfactory standard.
I dont have Anglian windows in my property on account they could not install their windows/remake/deliver and re-install to a satisfactory standard.
I therefore feel Anglian need to refund my £2,000 plus costs of £1,600 to remove their unfinished work.
Hi Alex thanks for the info.
This would result in me having paid £6,222 (including £2k deposit) for windows that are not installed in my house and that I have no intention of fitting in my house as I have sourced and installed other windows.
A number of the windows are not even fit for my house based on
1)being damaged on the initial install (the fitters used screws meant for wood and as such the unit was being remade)
2)Manufactured incorrectly (one of the windows was beaded inside out, meaning the entire window could be taken out in seconds using just a stanley knife).
Is this really what you would recommend?
Thanks I appreciate giving me your view and not necessarily the view I wish to hear.
However £3,600 is what I think Anglian should pay me taking in to account everything (based on my logic). On the basis of your logic (entitled to deduct the amounts to put it right from the total sum due) surely that amount should include the full amount including windows which I had to purchase (as per the attached invoice):
£1,600 - Removal of Anglian's windows
£5,800 - New Windows to replace Anglian's windows
£600 - Finishing
£1,600 - VAT
Difference therefore subtracting £9,600 from Anglian's £7,622
Meaning I am due £1,878
Do you as a solicitor believe that is a valid, reasonable approach and something that would be seen as having a strong claim?
Is it normal for this kind of low value case to represent it ones self?
Thanks for your assistance Alex.