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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have a problem. i built a house in 2013, the builder who i

Resolved Question:

i have a problem.
i built a house in 2013 , the builder who i contracted was super neglent in many areas and after a 2 year battle i came out wth out a judgement against him as he had no money and was going to go bankrupt. i foolish agreed that i cant claimagainst him any more ....
anyway one of his area for neglence was ground levels and not following archects plans . the reason why i need help now is that , the piling and slab company XXX are stilling after me for 3000 balance . i have already paid them 30000.
finally they have issued a claim against me for that . i wrote an acknowledgment of service and said i would defend the claim and now i have to file a defense and possible counterclaim .
the reason being that the XXX followed the builder ground levels i presume and put the raft 300cm higher than finished ground level ... so i am left wth a building that was extremely unsightly as it out of portions and 300cm too high and had to bring all ground up arounds and get more slabs and steps and decks to make the building presentable . it is a grand design type project. i have proof and pictures that the ground levels are incorrect .
the reason for my defense is that they worked with the builder even thought i paid them directly ... that they never checked the archects drawings and i am left with a wrong product --- do i have acase or how can i argue it . I have to send the N9B FORM TOMORROW Iin the post or can i do it online ..
and i do have a case i wish to to counterclam for the money already paid which is £30000 and a further £20000 i had to pay to brng the landscaping up the level on house ( ie to cover the unslighty raft foundation. )
please answer urgently and advise if i have a case .... or what i should do ,,, a : just pay the remainder or b: fle a defense with is arguement and any other yu advise and counterclam if i can
thank you .
geraldine
thank you
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.

Hello Geraldine my name is ***** ***** I will help you.

What is it you want to achieve please?
Alex

Customer: replied 1 year ago.
i just need the answer and help with my defense and advse . my mobile signal is bad... can i rng you else just ttype . urgent please
Expert:  Ash replied 1 year ago.

Just to be clear, you had Judgment already? Why is there a second claim?

Customer: replied 1 year ago.
no , i have been sent a claim for £3000 by XXX concrete company . i dont want to pay as described in question . i put in an acknowl of s . now i have to file a defense . the other case is now closed with no judge recieved and a drop deal done , even though the builder was negilent .. but had to agree as he had no money ... and i did not have money to take t further . he was the one adving the XXX concret company who put the raft foundation in the wrong place
Expert:  Ash replied 1 year ago.

Who instructed the concrete company, you or the builder?

Customer: replied 1 year ago.
did you get that
Expert:  Ash replied 1 year ago.

Yes. Who instructed the concrete company, you or the builder?

Customer: replied 1 year ago.
i paid them but my builder was in charge of them and ground level which betweem got it wrong
Expert:  Ash replied 1 year ago.

Who instructed them? You or the builder?

Customer: replied 1 year ago.
i just answered. i agreed to pay them and they were to liase with builder
Expert:  Ash replied 1 year ago.

But who asked them to do the work, the builder or you?

That is what I need to know.

Customer: replied 1 year ago.
i know have to fill out the n9b form , do i have a case
can you trying ing me but my phone may not be in signal in which case keep typing ., please
Expert:  Ash replied 1 year ago.

I can call you but it is an additional service - I am happy to call you if you accept this service?

Customer: replied 1 year ago.
the builder told them what to do . i initally contacted them
Customer: replied 1 year ago.
s that 44 in total ,, i think i have paid 56 already
Expert:  Ash replied 1 year ago.

It is an extra cost. Some people prefer a phone call, or we can keep it online if you rather.

Customer: replied 1 year ago.
ok for moment please tell me do i have a case
Expert:  Ash replied 1 year ago.

Did you sign a contract with the company?

Customer: replied 1 year ago.
actally i did not ,,, they did send me a cert of personal indemity . i dont think i signed a contract not as far as i can remember
Expert:  Ash replied 1 year ago.

Did you sign that indemnity document?

Customer: replied 1 year ago.
no
Expert:  Ash replied 1 year ago.

Did the company do any work, or was it all under the instruction of the builder?

Customer: replied 1 year ago.
no , just the pilesvand raft slab under the supervision of the bad builder
Customer: replied 1 year ago.
do you think i have a case
Customer: replied 1 year ago.
please can you answer this s very slow , am not getting information to go forward .
Customer: replied 1 year ago.
are you judt dealing me me or do you deal with others at the same time ?
Expert:  Ash replied 1 year ago.

Its a hard one.

For you is the fact that you didnt sign a contract or indemnity. Neither did you ask them to do any work

However against you is that you agreed to pay and that may indicate that there was a contract which was implied by law.

Ordinarily you would defend the claim and counter sue the builder, but clearly there is an issue as you agreed that wouldnt claim against him any more.

There is not an answer one way or another here, it really depends on the Judge you get.

As I have indicated there are points good and bad. Because the builder is bad does not mean that the company ought not to be paid - it was not their fault. They delivered what they promised to, even if it was wrong because of the builder.

It can go either way. A Court may say because there is no written contract you are ok. On the other hand a Judge may say because you agreed to pay that means there is a contract.

On balance, I think you have a defence, but I must warn you I think it is weak.

Your case is that there is no signed contract or indemnity

Can I clarify anything for you about this today please?
Alex

Expert:  Ash replied 1 year ago.

I am just dealing with you, but please bear in mind it does take time to type an answer, check it and spell check too.

I am not the quickest at typing so my response take a few minutes.

Can you see my answer above? If so, can I clarify anything for you? Alex

Customer: replied 1 year ago.
how should i fill the n9b form out , should i say i did not have contarct or did not sign , what exactly should i say .... ie point 1 2 and 3 .... also shd i couterclam, ..
can i send the n9b in to the court by online ... do i have to present my evidence in my defense or just write it.
Expert:  Ash replied 1 year ago.

Yes you should say that the Defendant denies the claim.

There is no signed contract between the Claimant and Defendant and as such the Defendant is put to proof.

Yes you should counter claim against the builder.

No, you do not need to put evidence on your defence. That comes later, you just write the defence.

Does that clarify? Alex

Customer: replied 1 year ago.
what exactly should i can , can you word it for me please .
i know i tick 1 i dispute amount , 2 ii i dispute because i have already paid . i answer no to this ?
3 howdo i worfd my defense
4 shd i give a specfic sum for a countecrcalim - how likey is that to be anyway ?
Customer: replied 1 year ago.
can it be brief .like they did not follow archects specifications , i did not have contarct with them , they worked under super vison of builder . i am a lay person.
Customer: replied 1 year ago.
if there is a signed contract then i have no case at all you are saying
Customer: replied 1 year ago.
i told you i cant counter claim against builder , can i counterclaim againt the XXX raft conconcrete builder and they in turn could sue builder ?
Customer: replied 1 year ago.
can i sumbit n9b online , is that the form i should use. my counetrclam may be over 60000
Customer: replied 1 year ago.
the fact that i paid them already 30000 would mean i had a contract surely ... please answer i ham so nervous , i have already loss 150000 because f this bad builder and i dont want to incurr more expenses if i have no case.
Customer: replied 1 year ago.
are you still there
Expert:  Ash replied 1 year ago.

Yes, what did I say earlier? It takes me time to type an answer, check it and spell check.

Customer: replied 1 year ago.
ok thank you - can you continue helping me with the above questions
Expert:  Ash replied 1 year ago.

I have already told you what to put in your defence but I will repeat it for a second time:

1. There is no signed contract between the Claimant and Defendant and as such the Defendant is put to proof.

2. Save for any admissions made above the claim is denied.

You tick the box you are defending the claim. As for already paid £30k, I have already said I think your claim is weak.

But that there is no signed contract, that is the ONLY way you can defend the claim

Does that clarify? Alex

Customer: replied 1 year ago.
to be clear the fact that they did the wrong thing under the builder has no arguement .
you have not told what my arguement for countercalm shd be ,... if i only can say they had no contract with me .can you answer directly that because i paid the 30000 already and had email correspndance wth them that in law would this signify as A CONTRACT
Expert:  Ash replied 1 year ago.

No - that has no argument. That is a matter between you and the builder.

Your counter claim is against the builder for the cost of this claim. But against the BUILDER.

The £30,000 MAY indicate there was a contract but you could argue they are separate contracts not just one single one and therefore this time there was NOT a contract because nothing was in writing.

Does that clarify? Alex

Customer: replied 1 year ago.
i have told you i can claim against the bad builder any more only the xxxx concrete slab company - so can i counterclaim against them ? and what shd i qute as reason ( ie that they build the raft too high and i had to fix all landcaspng around it.can i sumbit n9b online or not
this is the correct form to use ? yes or no
Customer: replied 1 year ago.
separate concrate does not make sense cam you clarify please what you mean by that
Expert:  Ash replied 1 year ago.

Yes I understand that. NO you can NOT counter claim against the concrete company as I have said early.

They only did what the builder told them - that is NOT their fault.

You can submit online if you have received an online claim form

Does that clarify? Alex

Customer: replied 1 year ago.
i understand , so i cant counterclaim so
and the only arguement is that i dont have a contract signed -- that is riduslousy weak ... so i wont win or you advising me this ....
Customer: replied 1 year ago.
please answer what you mean by saying it was a seperate contract
Expert:  Ash replied 1 year ago.

Only argument is that you dont have a signed contract and yes, I think its weak.

You are saying that all the concrete contracts are separate individual ones and there is no signed contract in this £3000 case.

Because otherwise if its one contract your defence will fail.
Does that clarify? Alex

Customer: replied 1 year ago.
its one contract .... so i wll so . then is correct that should say on the n9b that wll pay now or shd i rng teh company direct arrange payment and get them to cancel court proceedings
Expert:  Ash replied 1 year ago.

If thats the case then you will lose.

I would arrange a repayment plan yes.

If you say its one contract you will lose for sure.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything else for you? Alex

Customer: replied 1 year ago.
how much have i had to pay for this £26 is his correct?
Expert:  Ash replied 1 year ago.

Yes its a one off fee. You have paid £26 for our chat with started at 7,14pm

Can I help with anything else today? Alex

Customer: replied 1 year ago.
it seemsso unfair as i dont talk to my bulder i am presummhg he is the one that lead them wrong but then again they cd of done it wrong themselves ,should they have looked at archects palns as well as structural engineers which does not specify ground levels , ground level wer to be under the remit of bad b uilder .so what shd i do with n9b form as this has a dead line ...
Expert:  Ash replied 1 year ago.

I agree, but the fault is with your builder.

I would file the N9B form to stop the clock then negotiate with them. They wont want to take it to Court.

Does that clarify? Alex

Expert:  Ash replied 1 year ago.

Does this answer your question or can I help with anything else?
Alex

Customer: replied 1 year ago.
thank you but what exactly shd i write now in the form to stop the clock , that is the last question
Expert:  Ash replied 1 year ago.

1. There is no signed contract between the Claimant and Defendant and as such the Defendant is put to proof.

2. Save for any admissions made above the claim is denied.

That stops the clock. Does that clarify? Alex

Customer: replied 1 year ago.
sirry am thick what does save for admissions mean
Expert:  Ash replied 1 year ago.

Unless you have made an admission the claim is denied.

Does that clarify? Alex

Customer: replied 1 year ago.
still dont understand
Expert:  Ash replied 1 year ago.

It just means unless you have admitted something (in this case you havent) then its denied.

Dont worry about it too much -its legal speak. But this stops the clock

Can I clarify anything else? Alex

Customer: replied 1 year ago.
if i say what you ask me to say wont they come back and follow that up so the clock continues or you saying that that by me time to arrange repayment or that i should hope it all goesaway and not contact the firm dirctly . sorry for the all the qiestions . its so puzzling
Expert:  Ash replied 1 year ago.

Please bear in mind if you went to see a Solicitor they would charge £200 an hour and we have been talking for almost 2 hours for £26.

You need to stop the clock - so filing a defence allows you to do that.

Then you can arrange a repayment plan without getting a County Court Judgment which goes on your credit file.

So you stop the clock then arrange repayment

Does that clarify? Alex

Expert:  Ash replied 1 year ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

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