£144 per hour for non emergency plumber

£144 per hour for non emergency plumber

Author
Discussion

Vaud

50,593 posts

156 months

Wednesday 15th August 2018
quotequote all
Hobo said:
Can you not check via the moneyclaim online website as to whether the claim is genuine. This is the normal way of responding. You just enter the case number and the password given and it will come up if a genuine claim against you.

Alternatively to could speak to the court that alledegly issued the documents.
For MCOL you can check here:

The Money Claim Online Helpdesk can be contacted on 0300 123 1057 / 01604 619402. It does experience a high volume of calls so you may wish to consider emailing your query to ccbc@hmcts.gsi.gov.uk.

bad company

18,642 posts

267 months

Wednesday 15th August 2018
quotequote all
Hobo said:
Can you not check via the moneyclaim online website as to whether the claim is genuine. This is the normal way of responding. You just enter the case number and the password given and it will come up if a genuine claim against you.

Alternatively to could speak to the court that alledegly issued the documents.
Op, please do this first. Then we can advise re defence or a PH lawyer will be along but seriously it’s no big deal. If you need a defence you put in what you already have done on this thread.

silentbrown

8,851 posts

117 months

Wednesday 15th August 2018
quotequote all
mangos said:
Just found this - https://www.youtube.com/watch?v=2Ay2-z7VXww

Its identical
Probably legit, then. (Sorry).

I think that video is what Breadvan would describe as "freeman-of the-land wibble".

Should we get this moved to SP&L now??


dickymint

24,380 posts

259 months

Wednesday 15th August 2018
quotequote all
silentbrown said:
mangos said:
Just found this - https://www.youtube.com/watch?v=2Ay2-z7VXww

Its identical
Probably legit, then. (Sorry).

I think that video is what Breadvan would describe as "freeman-of the-land wibble".

Should we get this moved to SP&L now??
I've sent for the cavalry.

KungFuPanda

4,334 posts

171 months

Wednesday 15th August 2018
quotequote all
Not had the opportunity of seeing the Claim Form not have I read your first post. As I understand it, the plumbers have issued a Claim Form for recovery of their fee which is disputed.

Do not be worried about this. I know it's scary, but if you follow the right steps, they cannot get default judgment against you.

1. File the Acknowledgement of Service ASAP and before 14 days after service of the Claim Form. It's been a while and although I've issued claims through MCOL, I've not defended any so I'm not too sure if you can Acknowledge Service online. I think you can. Anyway, make sure you tick the box stating that you intend to defend all of the claim.

2. Once you've filed the AofS, you need to file your Defence this usually needs to be done within 28 days after service of the Claim Form. Make sure your defence has the same court headings ie claim ref no., Claimant and Defendant. Break your Defence down to small straight to the point paragraphs. Put your version of events across. Repeat that you dispute the claim and why.

3. Once the Defence has been filed, the Court will usually give the parties a questionnaire to complete which helps them allocate it to a track (in this case Small Claims Track) and list it for trial.

It's late and I'm tired so more people will provide advice but I'll jump back in and flesh out the bones a little more if needs be.

Make sure you file the AofS and subsequently the Defence. If you do those things within the correct time frame, they will not get a CCJ.

Ps the Claim Form shown on that Youtube video is a legitimate one.

Edited by KungFuPanda on Thursday 16th August 00:02

Andehh

7,112 posts

207 months

Thursday 16th August 2018
quotequote all
Don't be afraid of Money Claim Online I used them to get a deposit back several years ago.

You will just need to respond (as above) with factual, succinct, points disputing it all. Re-read this thread, produce a timeline. Describe exactly how long they were there for, that no "specialist equipment" was used, and they did not stay long enough to bill for "hours on site". Explain that you already paid a call out fee of £??, communicated & explained to them throughout (or tried to at least) AND then had fake debt collectors & spurious admin/penalties constantly added on.

Post up copies of the paperwork you received & we will help draft a reply. Just explain everything as you have done in this thread & use us to help word it.

They will then go off balance of probabilities, but realistically for £30 odd, this is the plumber just being a total ass & trying to upset you out of spite.

Also, correct me if I'm wrong, they actually achieved nothing whilst on site? Looked confirmed leak & walked away? & then quoted for a boiler.

Edited by Andehh on Thursday 16th August 07:47

Vaud

50,593 posts

156 months

Thursday 16th August 2018
quotequote all
An it should go to mediation first which is a step before Court.

And don't be afraid of the County Court! This isn't wigs, barristers and Latin. It's normally a retired circuit judge and plain English. It is geared to be very accessible.

mangos

Original Poster:

2,972 posts

182 months

Thursday 16th August 2018
quotequote all
dickymint said:
I've sent for the cavalry.
thank you beer

mangos

Original Poster:

2,972 posts

182 months

Thursday 16th August 2018
quotequote all
KungFuPanda said:
Not had the opportunity of seeing the Claim Form not have I read your first post. As I understand it, the plumbers have issued a Claim Form for recovery of their fee which is disputed.

Do not be worried about this. I know it's scary, but if you follow the right steps, they cannot get default judgment against you.

1. File the Acknowledgement of Service ASAP and before 14 days after service of the Claim Form. It's been a while and although I've issued claims through MCOL, I've not defended any so I'm not too sure if you can Acknowledge Service online. I think you can. Anyway, make sure you tick the box stating that you intend to defend all of the claim.

2. Once you've filed the AofS, you need to file your Defence this usually needs to be done within 28 days after service of the Claim Form. Make sure your defence has the same court headings ie claim ref no., Claimant and Defendant. Break your Defence down to small straight to the point paragraphs. Put your version of events across. Repeat that you dispute the claim and why.

3. Once the Defence has been filed, the Court will usually give the parties a questionnaire to complete which helps them allocate it to a track (in this case Small Claims Track) and list it for trial.

It's late and I'm tired so more people will provide advice but I'll jump back in and flesh out the bones a little more if needs be.

Make sure you file the AofS and subsequently the Defence. If you do those things within the correct time frame, they will not get a CCJ.

Ps the Claim Form shown on that Youtube video is a legitimate one.

Edited by KungFuPanda on Thursday 16th August 00:02
Thank you for the advise and reassurance.

I have filed the AoS and just putting together a defense. I am on another computer today so will hopefully finalise this later on. Luckily from this thread and the contact with Trading Standards I have it all well documented so it's easy to recall details and dates

mangos

Original Poster:

2,972 posts

182 months

Thursday 16th August 2018
quotequote all
Andehh said:
Don't be afraid of Money Claim Online I used them to get a deposit back several years ago.

You will just need to respond (as above) with factual, succinct, points disputing it all. Re-read this thread, produce a timeline. Describe exactly how long they were there for, that no "specialist equipment" was used, and they did not stay long enough to bill for "hours on site". Explain that you already paid a call out fee of £??, communicated & explained to them throughout (or tried to at least) AND then had fake debt collectors & spurious admin/penalties constantly added on.

Post up copies of the paperwork you received & we will help draft a reply. Just explain everything as you have done in this thread & use us to help word it.

They will then go off balance of probabilities, but realistically for £30 odd, this is the plumber just being a total ass & trying to upset you out of spite.

Also, correct me if I'm wrong, they actually achieved nothing whilst on site? Looked confirmed leak & walked away? & then quoted for a boiler.

Edited by Andehh on Thursday 16th August 07:47
Correct - they acheived nothing on site. Confirmed that they couldnt pressure test my heating system as the boiler itself had leaks.
Then used a 2 pronged timber moisture meter and told me I had rising damp (confirmed by surveyor since that I dont).
Spent ages quoting for a new boiler and left.

Very strange experience. One that makes me very nervous to get trades in since. (I need some tiling work and was planning on a small extension which I have parked to the side for now)

mangos

Original Poster:

2,972 posts

182 months

Thursday 16th August 2018
quotequote all
Vaud said:
An it should go to mediation first which is a step before Court.

And don't be afraid of the County Court! This isn't wigs, barristers and Latin. It's normally a retired circuit judge and plain English. It is geared to be very accessible.
Thank you. Fingers crossed it doesn't get to that. I am not overly confident in these things

I had expected an offer of mediation first and if not a notice of court proceedings before just being hit with a court claim form.

Andehh

7,112 posts

207 months

Thursday 16th August 2018
quotequote all
Just your reply factual, detailed & as specific as you can be! Times, dates, costs, communications... exactly what happened. All the way through to now.

Post it up here if you need advice! smile

dmsims

6,535 posts

268 months

Thursday 16th August 2018
quotequote all
Did they follow the pre action protocol ?

https://www.justice.gov.uk/courts/procedure-rules/...

mangos

Original Poster:

2,972 posts

182 months

Thursday 16th August 2018
quotequote all
dmsims said:
Did they follow the pre action protocol ?

https://www.justice.gov.uk/courts/procedure-rules/...
Not in the slightest.

They have ignored all my emails, I have offered to open a discussion to resolve the issue, which they have ignored.

The wording they have used on the claim form even mentions how I disputed the invoice, but forgets to mention that they have ignored it and just added late fees instead.

mangos

Original Poster:

2,972 posts

182 months

Thursday 16th August 2018
quotequote all
this is the wording they have used on the claim form:


okenemem

1,358 posts

195 months

Thursday 16th August 2018
quotequote all
don't pay simple

Andehh

7,112 posts

207 months

Thursday 16th August 2018
quotequote all
Lol.

Ensure all emails, txts & phone calls are documented within timeline. smile


bad company

18,642 posts

267 months

Thursday 16th August 2018
quotequote all
mangos said:
this is the wording they have used on the claim form:

Booked to ‘detect leak and estimate for new boiler’. That’s not what you asked for is it?

dmsims

6,535 posts

268 months

Thursday 16th August 2018
quotequote all
Make sure you save a copy of the t&c's on the website

Compare the above with what was on the back of the paper you signed and then draw comparison with what has actually happened

Blanchimont

4,076 posts

123 months

Thursday 16th August 2018
quotequote all
Would it be worth speaking to MCOL to say the payment is in dispute, and sent to them incorrectly? (I don't know if you can mind, but good luck!)