Hello Geraldine my name is ***** ***** I will help you.
What is it you want to achieve please?Alex
Just to be clear, you had Judgment already? Why is there a second claim?
Who instructed the concrete company, you or the builder?
Yes. Who instructed the concrete company, you or the builder?
Who instructed them? You or the builder?
But who asked them to do the work, the builder or you?
That is what I need to know.
I can call you but it is an additional service - I am happy to call you if you accept this service?
It is an extra cost. Some people prefer a phone call, or we can keep it online if you rather.
Did you sign a contract with the company?
Did you sign that indemnity document?
Did the company do any work, or was it all under the instruction of the builder?
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
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
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
Yes, what did I say earlier? It takes me time to type an answer, check it and spell check.
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
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.
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
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
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
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
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 this answer your question or can I help with anything else?Alex
That stops the clock. Does that clarify? Alex
Unless you have made an admission the claim is denied.
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
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
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