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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 18371
Experience:  Solicitor
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Two years ago I built a bathroom for a client. He paid most

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Two years ago I built a bathroom for a client. He paid most of the money but withheld £1400. He said he was going to have various aspects of the job redone. I felt the work was satisfactory, and that he was only taking this course because we had fallen out over the length of time taken. I have just discovered that he hasnt had any of the work done, but because I questioned him about it, he is now threatening to have the work done (re-tiling the whole bathroom, but as already stated, the work was at last satisfactory, and fit for purpose. Who decides on quality of job?) and have me pay for it. Shall I now take him to small claims court for the money, or will this complicate the matter? He is also threatening to invoke a solicitor.

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

You need to write a letter, set out your losses and request payment within 30 days or say you will go to Court. This is called a pre-action protocol letter of claim. You should make sure you send this signed delivery and keep a copy. You must give 30 days warning before going to Court.

If they do not pay 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 https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7and 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?

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.

Customer: replied 7 months ago.
Thanks Jamie. It was more to do with the client now saying he will be having the work done after all. Can he do that after the time elapsed (2 years)? Will hos solicitor instruct him to counter- claim if I take the MCOL course of action? And of course, I will give you 5 stars

No. He has to say is defective within six months. But he does have six years to bring a claim. But if it’s over six month reporting he would have to show it was defective upon install.

Does that clarify?

Customer: replied 7 months ago.
He said it was defective straight after final invoice. However he didnt have work remedied nor gave me chance to rectify. Only now (2 years later) has he said he will get work done. And only now, because I have challenged him as to what he did with unpaid funds. Does he now have to get some sort of surveyor to declare the work unsatisfactory? And then I get my own surveyor to say the opposite?

Ok. Then you can argue he is out of time. He has Waited two year before doing anything.

Does that clarify?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 7 months ago.
thank you Jamie. I will write my letter over the weekend. Good night

Pleasure.