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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I ordered a household repair company to come out to fix a drain

Customer Question

I ordered a household repair company to come out to fix a drain in my house. They said they would be there between 08.00am and 1.00pm on a certain date, and they would call me 30 minutes before they arrived.
They eventually arrived at 2.10pm, stating that it's because they had been delayed on a previous job, which I found very unprofessional. I complained and asked for compensation. They offered me a 10% discount, which equated to £9, which I rejected as I said it was dispoportionate to the inconvenience I had encountered (taking time off work). They refused to offer me any more.
I have since sent them an invoice for my time, equating to two hours of my normal daytime working rate (IRO £36). They have written to me to say they refuse to pay my invoice.
Were I to take them to the small claims court for breach of contract, what chance would I have of succeeding?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.



If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.



The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.



If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.



Can I clarify anything for you about this today please?

Customer:

I have done all of the above so far, except I have done so by email. Is this sufficient?

Alex Watts :

If they replied or you have a read receipt so you know they had it, then yes

Alex Watts :

Does that clarify?

Customer:

They replied to an initial email, to say they refuse to pay it, however I sent a reply to this message, to which they have since not replied. Should my next step be to send that in writing? Or request a receipt of my last email?

Alex Watts :

Ok - that should be ok. I would always send it recorded if it was me.

Customer:

Ok, so a sensible measure may be to send it by post as well, to remove any element of doubt?

Alex Watts :

I would yes.

Alex Watts :

Does that help?

Customer:

That does, thank you.

Alex Watts :

Great. If I could ask you to rate my answer before you go today, the button should be at the bottom of the screen

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