Am I going to be sued ?

[mkb]

fender... The particulars of the claim basically say that I 'failed to car
ry out the work to a reasonable standard ' ' failed to prepare walls prior to hanging new wallpaper ' etc.,

 

[captaincaveman1]

you said you offered to put lining paper up first can you prove this ?

 

[libby lou lou]

you said you offered to put lining paper up first can you prove this ?

Does that matter, for that price?

 

[joe-90]

They are her walls. She contracted you to paper them. Just say you warned her that they were old and knackered and that she made the decision to proceed. Nowhere in English law can anyone dispute what two parties agreed to in private. The bottom line is that it is HER decision and HER walls.
If she wanted perfection she should have had them plastered - which you suggested.

 

[fender]

fender... The particulars of the claim basically say that I 'failed to car
ry out the work to a reasonable standard ' ' failed to prepare walls prior to hanging new wallpaper ' etc.,

Hiya,

The reason I asked is that when you file a defence, you need to counter each point individually.

I can't see her winning this quite frankly and you should counterclaim for costs.
It would still be handy if you could type up the poc's in full.

 

[fender]

They are her walls. She contracted you to paper them. Just say you warned her that they were old and knackered and that she made the decision to proceed. Nowhere in English law can anyone dispute what two parties agreed to in private. The bottom line is that it is HER decision and HER walls.
If she wanted perfection she should have had them plastered - which you suggested.

Quite right Joe,

However, he will still need to put in a sound defence countering all points.
If the defence is good enough, then she may discontinue the action and save both parties having to attend court.

 

[mkb]

Went to see solicitor..free 30 min. basically he says defend it, put ALL evidence you will rely on in court on form, reply to all her Particulars Of Claim and that form that appeared to be a 'NO Win NO Fee' is a ' conditional fee arrangement' that means they've done this much so far and their costs are £80 and she'll get that back if she wins. Make sense to everyone ?

 

[chapeau]

Absolutely, she isn't going to get all her costs back, it's a 'small claim', doesn't work that way. And besides you said she was using her house insurance so the solicitors will be scamming that. You won't get your costs either.

Did she try and 'mitigate the loss'? i.e make it as cheap as possible for you. i.e. did she give you the opportunity to fix things? Did she get three quotes? Did she go for the cheapest? Even if you did make a gash job she cannot punish you financially, she could only get a reasonable amount for what it cost her to put it right.

 

[handyman77]

When this is all done and dusted, please, please, please go and super glue her door lock!! People like her do my nut in!!

 

[mkb]

Chapeau,
Good point she got a quote 2 years ago and another from the same company 6 months ago...extra £300 though. Suppose things have gone up she'll say...SHE said that three decorators said remedial work was not possible only a complete re decoration although only one estimate has appeared...for the good name of decent tradesmen I'll go all the way (apart from the fact that as far as I'm concerned she's a chancer anyway !!) Will write my defence this weekend.

 

[Wolfie1969]

Don't let the time overtake you - getting the defence in prior to the cut off is essential.

I would also had deliver it to the court or the very least next day, signed for by post. But remember if it gets delayed or lost in the post and you miss the date you lose by default.

W.

 

[joe-90]

Stop waffling. It's HER wall and you warned her that unless the wall was re-plastered it was a chance she would have to take. She took it.

Just tell us you got the seams level and the pattern tied in.

 

[mkb]

Joe
YES I did mate

 

[mkb]

Received letter from Money Centre filled it in defending the claim. received an allocation questionnaire filled it in and sent it off today. Filled in the section agreeing to mediation ( suppose claimant will too ) So we wait and see.

 

[mkb]

Court papers have arrived.....4th January 2013...2 years and 8 months from the point I finished the job, the customer was satisfied and paid me !!
Judge has given his ' directions ' wants all documentation etc., that both parties intend to rely on in court sent to the court and the other party. I thought he would have seen all this in the documentation I sent to Northampton court and this is why he's allocated it to the small claims...or has he just seen the minimal documentation ? Seems all I appear to be doing is sending forms here there and everywhere !!
Filled in a form saying I was willing to try mediation with a contact number, and yet in the court papers if iI want to try mediation there was a number to ring !! hought they were phoning me...rang it and all I kept getting was an answerphone so left a message...Got a letter this morning from Chester saying if I'm willing to try mediation phone them !! Who the bloody hell do I phone ?? aaaaaargh !!
If it gets to a full hearing and I have to pay even just £60 is that what is classed as a County Court Judgement against me with all the ramifications that go with it eg..bad credit rating etc. ?