Issuing a CCJ

[shadow1964]

Looking for some advice as to how best recover a debt.

I wish to claim for for poor workmanship regarding a new patio, claim is for £4,600.

They have tried and failed to rectify on two occasions and so I sent a recorded letter (tracked and signed for by them) officially rejecting the job asking for a refund, this has been ignored (14 days since sent)

I should add, I am unable to use an ADR as the next stage as they are not a member of any associated trade bodies.


I will send another letter informing them I will now seek recovery of costs via a court application, question is what method, in your collective opinion, will be the best option or are all of what I am going to list much the same?


Should I go via: -

County Court as I am owed £5,000 or less

High Court as I am owed at least £600

Online Money Claim

What is the consensus out there?

Thanks

[sugerbear]

Small claims court.

[Mojooo]

County court/money claims online/ small claims are basically the same thing.

No need to go High Court for something so minor

Make sure they have some sort of asset you can get back before you go to all the hassle of a court claim

Also be clear what your LGEAL basis is.

[Sir Bagalot]

I think you'll struggle getting £4,600 claiming a refund for the entire job.

What would if cost to put right the job? I'd imagine you'd have to write to them informing you're getting this done at a cost of £x and look to them for reimbursement.

Have you legal cover on your insurance?

[Dixy]

What is the actual problem and as others have said if you win in court will they have any money to give you.

[OverSteery]

Can you "reject" something like this? The work is done and cannot just be returned.

I suspect you need to claim damages. So how much money do you need to put yourself in the position that you should have been in had the contractor performed a satisfactory job.

Can it be fixed?

[shadow1964]

Sir Bagalot said:

I think you'll struggle getting £4,600 claiming a refund for the entire job.

What would if cost to put right the job? I'd imagine you'd have to write to them informing you're getting this done at a cost of £x and look to them for reimbursement.

Have you legal cover on your insurance?

This is the cost to put right, the whole thing needs to be re-done, this is the recommendation of an independent surveyors report I had done and a subsequent quote from another specialist company.

I have sent these details to them and reimbursement is what I am after.

[shadow1964]

OverSteery said:

Can you "reject" something like this? The work is done and cannot just be returned.

I suspect you need to claim damages. So how much money do you need to put yourself in the position that you should have been in had the contractor performed a satisfactory job.

Can it be fixed?

Yes, you can.

They have the right to the materials provided if I am successful, so original slabs and headers will be lifted and stored for their collection should they wish.

[shadow1964]

Dixy said:

What is the actual problem and as others have said if you win in court will they have any money to give you.

Loose slabs, not bonding despite two attempts to correct

Not level - trip hazards

Poor grouting

General poor finish - no use of spacers to give one example

Many slabs have a hollow sound - again possible bonding issues, likely to fail as have others

Basically, job was rushed

It's a relatively low cost affair to go to court, I think they do but do not know for sure, but surely have to try rather than 'put down to experience' roll over, suffer the cost and let them stroll away into the sunset like so many do.

[Puzzles]

Can you also factor in the cost of having the patio removed? And maybe the professional fees for the report?

[shadow1964]

Puzzles said:

Can you also factor in the cost of having the patio removed? And maybe the professional fees for the report?

Cost of removal is factored in, basically one days work lifting with me assisting taking the removed slabs and storing them in the garage. I need to keep them for a while as they have the right to the materials should they reimburse.

Don't think I can claim for the professional fees, I can claim for an expert witness but think that is only for representation on the day should I choose to take somebody. I am happy to not ask for the report fees, as long as I can get the reimbursement amount I ask for I will be happy although I will of course add court fees.

[agtlaw]

shadow1964 said:

Looking for some advice as to how best recover a debt.

I wish to claim for for poor workmanship regarding a new patio, claim is for £4,600.

They have tried and failed to rectify on two occasions and so I sent a recorded letter (tracked and signed for by them) officially rejecting the job asking for a refund, this has been ignored (14 days since sent)

I should add, I am unable to use an ADR as the next stage as they are not a member of any associated trade bodies.


I will send another letter informing them I will now seek recovery of costs via a court application, question is what method, in your collective opinion, will be the best option or are all of what I am going to list much the same?


Should I go via: -

County Court as I am owed £5,000 or less

High Court as I am owed at least £600

Online Money Claim

What is the consensus out there?

Thanks

I'm not familiar with those figures. Are those figures for enforcement proceedings? You're not at that stage. You are issuing proceedings, not enforcing a judgment debt and you are definitely not "issuing a CCJ."

I could be wrong but I don't think you have a choice of venue. County court is your only option.

You could choose to institute proceedings in the county court (small claims court) via moneyclaim online.

The fee for instituting proceedings is the first of several fees that you will have to pay.

I make no comment on your prospects of success and or your prospects of enforcing a judgment debt. There are various reasons why you may never get the money, even if you win.

[kestral]

shadow1964 said:

They have tried and failed to rectify on two occasions

This shows they have tried TWICE and for some reason the job is not to your satisfaction.

I don't know the full circumstances, but just be aware the fact they have tried shows they have tried to address your concerns.

One might require that for you to win your case they would have to be found to be totally incompetent to fail three times to get it right.

If you want the money back you need to know there is a way to get it and if you win that you can get it back quick.

If you have not done a Country Court claim before you will find that the judges involved will do everything they can for you to reach agreement, even at the Court stage.

My advice try and sort it out without going to court.

If it takes a letter before action to make them respond then so be it.

BUT. They have tried twice already to address your concerns. So it's not like they have ignored you.

Something like this can drag on and on for a good 18 months.


I hope you can get it sorted.

[MBVitoria]

Check your home insurance to see if you have legal cover, if so you should be able to get some advice from a legal line and possibly assistance with suing.

Bear in mind if the defendant is a limited company they may not be worth suing.

[Sir Bagalot]

shadow1964 said:

Sir Bagalot said:

I think you'll struggle getting £4,600 claiming a refund for the entire job.

What would if cost to put right the job? I'd imagine you'd have to write to them informing you're getting this done at a cost of £x and look to them for reimbursement.

Have you legal cover on your insurance?

This is the cost to put right, the whole thing needs to be re-done, this is the recommendation of an independent surveyors report I had done and a subsequent quote from another specialist company.

I have sent these details to them and reimbursement is what I am after.

So your independent surveyor lifted slabs and took samples of the foundations? What were the findings?

[Sir Bagalot]

shadow1964 said:

Dixy said:

What is the actual problem and as others have said if you win in court will they have any money to give you.

Loose slabs, not bonding despite two attempts to correct

Not level - trip hazards

Poor grouting

General poor finish - no use of spacers to give one example

Many slabs have a hollow sound - again possible bonding issues, likely to fail as have others

Basically, job was rushed

It's a relatively low cost affair to go to court, I think they do but do not know for sure, but surely have to try rather than 'put down to experience' roll over, suffer the cost and let them stroll away into the sunset like so many do.

Sounds like the independent surveyor didn't lift any slabs. If not their report is worthless. Foundation could be fine so why renew?

Hollow sound? Sounds like possible did and dab.

Any pictures?

[POORCARDEALER]

Going to court & getting a judgement is just the beginning.

Actually getting the money can be the difficulty .

I would do some due diligence on the person or company you are suing, see if they have assets .

[kestral]

POORCARDEALER said:

Going to court & getting a judgement is just the beginning.

Actually getting the money can be the difficulty .

I would do some due diligence on the person or company you are suing, see if they have assets .

It's builders as well. So bad is this problem with builders, this week in the House of Commons the MP's were discussing a licensing system law for builders.

As spoken about in the House it is very common for builders to go into liquidation one day and set up in another name the next day. The MP's also discussed making individuals of the building companies liable for debts.

Builders in UK is a big problem.

[jeremyh1]

Get a solicitor involved dont diy it

Some clown has just lost a case against me for a very small amount
never sent invoice ,never chased invoice , never phoned /email I had no idea He never checked our office had received the invoice
he added £120 in late payment charges (the invoice was only £120)
No letter before action he just applied for a CCJ

Judge ruled in my favour awarding me £120 compensation

I would never do anything without proper legal advice I was surprised I won as the invoice was six months old but obviously the judge was happy that claimant had no evidence to support his claim

[oyster]

OP you’ll have a much stronger case if you pay a different firm to repair the patio as you can then present an actual financial loss to claim for.