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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 30929
Experience:  Over 5 years in practice
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I have received a county court claim from a joiner who requested

Customer Question

Hi I have received a county court claim from a joiner who requested work to be done he has now issued both of us claim forms, but on mine it has incorrect surname on and I did not instruct or request him to do the work, how to I defend this
Submitted: 8 months ago.
Category: Law
Customer: replied 8 months ago.
It was my partner who requested the work not me
Customer: replied 8 months ago.
We have actually paid this in full but he is claiming that we only paid 50%
Expert:  Ben Jones replied 8 months ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Can you prove that you have paid the amount owed in full?
Customer: replied 8 months ago.
yes he sent an invoice but it did not say on invoice that it was for 50% and this was paid by cheque
Expert:  Ben Jones replied 8 months ago.
Had you greed any other amount beforehand?
Customer: replied 8 months ago.
its fine to carry on on line
Expert:  Ben Jones replied 8 months ago.
Had you greed any other amount beforehand?
Customer: replied 8 months ago.
yes we had agreed for 50% to be paid this was done by text, but we contacted him by phone call to send invoice for full amount
we had no quotation for this work as it was agreed from the start that we would provide him with materials for an extension his was building on his own property and at the end we would sort the bills out and pay the differences, in January he contacted us to say that his extension had been put on hold due to a dispute with the neighbour and could he invoice us for the work completed up to date of which we agreed but he had also had some materials from us that needed to be deducted from his bill but he totally ignored this
Expert:  Ben Jones replied 8 months ago.
Thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can, most likely later today. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Jo C. replied 8 months ago.
I have been asked to look at this.Why did he agree to only 50%?
Customer: replied 8 months ago.
it was agreed because initially he was to do work for us and in return we were to do work for him so there should not have been a great cost at the end of completed work, however the joiner was in a dispute with his neighbour over the extension that he wanted to build, so he asked if he could invoice us for the work done to date as he didnt know when he would get his plans passed, my partner told him that it wasnt what we agreed so thats when the 50% came in.
Customer: replied 8 months ago.
my main concern is that he has sent the claim to both of us when all I did was arrange times when I would be home, but the surname on the claim form for me is incorrect, at no time were contracts entered, we never received a proper letter before action, the only letter we received had only our names, mine incorrect, and at the very end of the letter he threatens to obtain a court order to remove goods from our property.
Expert:  Jo C. replied 8 months ago.
I'm really sorry but I'm struggling to understand the 50%? Is that for the total job?
Customer: replied 8 months ago.
the total job is not finished the 50% was to cover materials that he had purchased up to date and he was going to invoice later for the remainder when the job was completely finished.
Expert:  Jo C. replied 8 months ago.
Ok. Is the work not finished?
Customer: replied 8 months ago.
no the work is not finished
Expert:  Jo C. replied 8 months ago.
Does he dispute that? I am just offline for a couple of hours but will pick up later.

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