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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Contesting Juridiction Hi I wonder if you could advice

Resolved Question:

Contesting Juridiction Hi I wonder if you could advice re the following. A plumber quoted £250approx for repairing leakage under the sink and leakage from the boiler. He messed up the boiler completely and instead of agreed £250 sent me an invoice of £313.I explained that I was happy to pay for sink repairs but can't pay him for wrecking my boiler. I offered him opportunity to replace the boiler and offered that  I will settle his full invoice immediately for doing so after the boiler was replaced and functioning. (he didn't) instead of a leaky but functioning boiler he left one with 2 large holes , tenant had no hot water for 7 days and I had to refund some rent to the  tenant. Within 5 days of sending his invoice (which I disputed) the plumber filed a county court claim. Am I in a position to contest jurisdiction because the builder quoted work as a firm reliable ultra plumbing. He is a sole trader and his firm has gone into liquidation 2 years ago so it appears that he is trading fraudulently(web check service companies house). The invoice states reliable ultra on top but the claim has been filed by the plumber under his own name(obvious as his firm is not an active trading company and was dissolved some time ago). Also he has failed to give me an opportunity to pay part of the invoice I agreed for sink leak repairs. I have made it clear that he had left me with damages worth £1700 . Can jurisdiction be contested on the basis that his firm has been dissolved isn't trading , he advertises as reliable ultra. However claim has been filed under his own name. 2)No discussion or opportunity to pay before filing a claim for a small sum, claim filed within 5 days of invoicing. I intend to defend the claim  and file a counterclaim if jurisdiction is not contestable but feel it is such a waste of time, dodgy workmen causing damage and them demanding payment for goods which don't work and are now non functional

Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help with this.
Alex Watts : Jurisdiction would only not apply if it was outside of the UK
Alex Watts : the court does have the ability to hear this claim.
Alex Watts : Any enforcement is of course another matter if the company has gone into liquidation
Alex Watts : So no, jurisdiction can't be contested on this basis
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Ok

Customer:

It just seemed wrong that the tradesman is trading as a firm which was dissolved 2 years ago but commencing proceedings under own name. If I file acknowledgement of service and then have 28 days am I still able to file a counterclaim

Alex Watts : I agree. If he dissolved years ago but was still trading then you should be able to sue him personally.
Alex Watts : Does that help?
Customer:

yes but can the claim be dismissed(application to dismiss the claim) based on the fact that the job was awarded to the firm and the claim is by an individual]

Customer:

the sum involved is so small that I don't intend to waste time on defence and counterclaim but feel unhappy to pay some one after he has caused damage to goods

Alex Watts : If he was claiming to be a company when it was dissolved then this is fraud and you have grounds to make a personal claim.
Alex Watts : does this clarify?
Customer:

yes thank you

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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