Small claims court
Discussion
Hi
I have a dispute with a roofer to whom I paid £360 last spring to lift, clean and reset/re-mortar all the ridge tiles on my house roof. He did this but from early spring this year all we have had is falling mortar from these ridge tiles. He did the work over 2 very cold mornings and it is apparant to me that the wrong mix was used on the mortar as it crumbles to dust in my hands. I have small iles of the stuff around my house and am worried that it may fall and hit my wife who is disabled and not able to move quickly to get out of the way.
To date
- Myself and my wife have rung and left messages 13 times since April [on landline and mobile]
- I spoke to him once - he said he would get on to it [nothing has happened]
- My wife spoke to his wife - she said she would speak with him [nothing has happened]
- I have written 2 letters [both signed for by himself] requesting contact - no replies
I am now in the process of sending him a last letter giving him another 2 weeks to respond or I will take it to court.
3 things if you could folks (as I havent done this before)
- Is the process easy?
- Should I use the mediation process first or just put an application in?
- On the basis of the above do I have a case?
TIA
I have a dispute with a roofer to whom I paid £360 last spring to lift, clean and reset/re-mortar all the ridge tiles on my house roof. He did this but from early spring this year all we have had is falling mortar from these ridge tiles. He did the work over 2 very cold mornings and it is apparant to me that the wrong mix was used on the mortar as it crumbles to dust in my hands. I have small iles of the stuff around my house and am worried that it may fall and hit my wife who is disabled and not able to move quickly to get out of the way.
To date
- Myself and my wife have rung and left messages 13 times since April [on landline and mobile]
- I spoke to him once - he said he would get on to it [nothing has happened]
- My wife spoke to his wife - she said she would speak with him [nothing has happened]
- I have written 2 letters [both signed for by himself] requesting contact - no replies
I am now in the process of sending him a last letter giving him another 2 weeks to respond or I will take it to court.
3 things if you could folks (as I havent done this before)
- Is the process easy?
- Should I use the mediation process first or just put an application in?
- On the basis of the above do I have a case?
TIA
When you say "2 weeks to respond", what sort of response do you expect ?
I suggest that you need to remind him, in writing, of his obligations under the Supply of Goods & Services Act (see http://www.which.co.uk/consumer-rights/regulation/... ) and give a reasonable fixed time period within which you expect him to complete/make good the job. You should make it clear that if he doesn't put it right, you will engage a competent professional to put it right, and expect the original contractor to pay for this.
I suggest that you need to remind him, in writing, of his obligations under the Supply of Goods & Services Act (see http://www.which.co.uk/consumer-rights/regulation/... ) and give a reasonable fixed time period within which you expect him to complete/make good the job. You should make it clear that if he doesn't put it right, you will engage a competent professional to put it right, and expect the original contractor to pay for this.
Have you had any other roofer out to check what the problem is?
I would write to him suggesting you obtain a report from a builder from the Roofer's Federation and that you both agree to abide by the outcome, also noting that you invite him to agree to pay for the report if he is found to be at fault, but you would pay for it if not.
Once you have a report (which should set out the cause of the problem and an estimate to repair it) you can issue the claim ( I say this on the basis that he is unlikely to reply to your correspondence ).
I would write to him suggesting you obtain a report from a builder from the Roofer's Federation and that you both agree to abide by the outcome, also noting that you invite him to agree to pay for the report if he is found to be at fault, but you would pay for it if not.
Once you have a report (which should set out the cause of the problem and an estimate to repair it) you can issue the claim ( I say this on the basis that he is unlikely to reply to your correspondence ).
Thanks all
I have written to him giving him (another) 14 days to make contact and agree a firm date in the future when he will come amnd make good. This is the 3rd letter: the first one gave hime 14 days to make contact. The second advised hims that he had 7 days or I would employ another roofer; this one now says 14 days or I will raise claim against him.
Another roofer has seen it (and the mortar) and categorically states it is the wrong mix. This chap is a known honest bloke of long standing as well so isnt trying to tout for business.
I have written to him giving him (another) 14 days to make contact and agree a firm date in the future when he will come amnd make good. This is the 3rd letter: the first one gave hime 14 days to make contact. The second advised hims that he had 7 days or I would employ another roofer; this one now says 14 days or I will raise claim against him.
Another roofer has seen it (and the mortar) and categorically states it is the wrong mix. This chap is a known honest bloke of long standing as well so isnt trying to tout for business.
Jasandjules said:
Have you had any other roofer out to check what the problem is?
I would write to him suggesting you obtain a report from a builder from the Roofer's Federation and that you both agree to abide by the outcome, also noting that you invite him to agree to pay for the report if he is found to be at fault, but you would pay for it if not.
Once you have a report (which should set out the cause of the problem and an estimate to repair it) you can issue the claim ( I say this on the basis that he is unlikely to reply to your correspondence ).
This.I would write to him suggesting you obtain a report from a builder from the Roofer's Federation and that you both agree to abide by the outcome, also noting that you invite him to agree to pay for the report if he is found to be at fault, but you would pay for it if not.
Once you have a report (which should set out the cause of the problem and an estimate to repair it) you can issue the claim ( I say this on the basis that he is unlikely to reply to your correspondence ).
The benefit of this is that you get the independent report.
Playing the endgame out, you need to sue for the cost to make things right. That may be more than what you paid him.
From experience, delivering court papers to someone who has their head in the sand makes them get their head out sharpish and start talking. Sometimes that talking is arse-covering or just lying in order to create a defence.
What you don't want is to be in court with a dispute over the quality of his work with him saying everything was fine. If the mortar is coming down it's pretty clear, but it's nice to tick all the boxes.
One thing I would recommend at this stage is taking photos of the mortar on the floor and the roof before any work starts. What seems obvious to you and him may not be obvious to a Judge.
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