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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 14364
Experience:  Solicitor
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I am a tradesman being taken to a Small Claims Court for

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Hi, I am a tradesman being taken to a Small Claims Court for alleged bad workmanship. The Claimant is trying to claim back all monies paid to me - £1,300. I have heard that there is a law which states that this is not acceptable because 'it is a disproportionate amount'. Could this be clarified, and if so, what is the name of this document, please?
JA: Where are you? It matters because laws vary by location.
Customer: Bournemouth.
JA: What steps have you taken so far?
Customer: None - just filing my defence now.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No, thank you.

Hello my name is Jamie and I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

What is the cost of rectification of the works?

Customer: replied 5 days ago.
Hi Jamie, the lady has not stated any amount in her documents.

But I assume they are saying the work is defective?

Customer: replied 5 days ago.
Yes.

Ok, but not how or the cost of rectification?

Customer: replied 5 days ago.
She is saying how - she has taken photos of my work BEFORE it was finished.
Do you know anything about this statement about not being allowed to claim a disproportionate amount? I would suggest that 100% refund is certainly disproportionate!
In addition to this, she still has refused to pay £650 of the original quotation price.

Ok - are you going to counter claim?
Do you have photos of the work after it was done?

Customer: replied 5 days ago.
No, I never knew she would be taking me to court so never took any photos. I will not counterclaim.

Ok. I would counterclaim.

She would have to show the work was defective.

You can ask for access to inspection.

You can get an expert to provide a report.

But what she can't do is claim everything back and get it for free.

That would be 'unjust enrichment'.

So yes defend and counterclaim it.

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

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

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