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Thanks Oli. I quoted that "bills of exchange act" in my emailled response to the court. Just sending off my fee for the counterclaim and a questionnaire today. Here's the email copied and pasted below. My defence for when i get a hearing runs into some 40+ pages with evidence etc, and im not quite finished with it yet.
Brief statement of defence and counterclaim for Case No: 2QZ25948
I have been compiling a defence and counterclaim for the above mentioned case number.
I called MCOL this morning and was advised to send an e-mail to the effect that I intend to defend the claim against me and that I also wish to counterclaim.
In brief – I was contracted to complete tiling works at the claimant’s property. I provided a detailed quotation, which was agreed and signed by the claimants partner (Mrs E ******). I took receipt of a deposit in the form of a cheque. The work was commenced on an agreed start date and has been completed as per the quotation.
The claimant paid a large majority of the remaining balance by cheque on completion. I suggested at the time of completion that the claimant withhold £100.00 of the final balance to pay a sub-contractor who was completing a very small amount of remaining works in my absence, a “snagging” list. This was approximately half a day to a days worth of labour.
The defendant has since put stop the cheque issued contravening the Bills of Exchange act. I have done everything in my power to come to an amicable solution with the claimant, even suggesting he calls in three other, independent, professional tilers to inspect and generate a report of said works completed. It is said that this is happened however the claimant has refused to forward any said reports to myself. I have also had requests denied and/or ignored to discuss reports at the claimant’s property where I can be showed alleged defects with works.
I am a qualified and professional wall and floor tiler. The work I have undertaken at the claimants property has been carried out to a high standard and conforming to all British Standards associated with domestic wall and floor tiling installations applicable. The work has been completed as per the quotation which was agreed and formed the basis of the contractual agreement between myself and the claimant.
I wish to counterclaim for the outstanding balance of £720.00 with the additional cost of any interest accrued since completion of the works at the claimant’s property on 25[SUP]th[/SUP] August 2012. The interest amounts to £11.52
The sub-contractor I employed to complete a “snag” list for one day in my absence was asked to complete additional works and/or works already agreed as completed. I have been invoiced by the sub-contractor for a further 2 days labour. I total wage bill of £304.80 (including interested accrued of £4.80) of which I also seek to claim from the claimant.
The delay in payment of this balance has also had a critical effect on my business, I have lost income, been unable to pay wage bills for subcontractors and it has also had a knock on effect to contracts that have came into effect after the claimants work has been completed. The claimant has also involved a number of neighbours and friends in his grievance with the works carried out by myself.
I am a sole trading, professional tradesman who carries a good rapport and reputation for my standard of work. I am a recommended tradesman by many of the suppliers and retailers of my industry in the Peterborough area. I firmly believe that such unfounded grievance by the claimant for works that has been carried out to a high standard as per an agreed quotation has caused damage to my name and reputation in what is already a competitive industry. A reputation I have worked very hard for many years to establish. I therefore wish to seek a further £850.00 in damages to business and reputation.
Total counterclaim in monetary value of £1886.32
Kind regards
Allister Gage
www.AllisterGage.com
[email protected]
Tel: 01733 229178
Mob: 07707 069947
Don't know if i'll get the extra i'm trying to claim for, but i've got a good arguement to put forward as to why he should pay me some compensation.
Any feedback always appreiciated, but i'll keep you all informed as it progresses.
Brief statement of defence and counterclaim for Case No: 2QZ25948
I have been compiling a defence and counterclaim for the above mentioned case number.
I called MCOL this morning and was advised to send an e-mail to the effect that I intend to defend the claim against me and that I also wish to counterclaim.
In brief – I was contracted to complete tiling works at the claimant’s property. I provided a detailed quotation, which was agreed and signed by the claimants partner (Mrs E ******). I took receipt of a deposit in the form of a cheque. The work was commenced on an agreed start date and has been completed as per the quotation.
The claimant paid a large majority of the remaining balance by cheque on completion. I suggested at the time of completion that the claimant withhold £100.00 of the final balance to pay a sub-contractor who was completing a very small amount of remaining works in my absence, a “snagging” list. This was approximately half a day to a days worth of labour.
The defendant has since put stop the cheque issued contravening the Bills of Exchange act. I have done everything in my power to come to an amicable solution with the claimant, even suggesting he calls in three other, independent, professional tilers to inspect and generate a report of said works completed. It is said that this is happened however the claimant has refused to forward any said reports to myself. I have also had requests denied and/or ignored to discuss reports at the claimant’s property where I can be showed alleged defects with works.
I am a qualified and professional wall and floor tiler. The work I have undertaken at the claimants property has been carried out to a high standard and conforming to all British Standards associated with domestic wall and floor tiling installations applicable. The work has been completed as per the quotation which was agreed and formed the basis of the contractual agreement between myself and the claimant.
I wish to counterclaim for the outstanding balance of £720.00 with the additional cost of any interest accrued since completion of the works at the claimant’s property on 25[SUP]th[/SUP] August 2012. The interest amounts to £11.52
The sub-contractor I employed to complete a “snag” list for one day in my absence was asked to complete additional works and/or works already agreed as completed. I have been invoiced by the sub-contractor for a further 2 days labour. I total wage bill of £304.80 (including interested accrued of £4.80) of which I also seek to claim from the claimant.
The delay in payment of this balance has also had a critical effect on my business, I have lost income, been unable to pay wage bills for subcontractors and it has also had a knock on effect to contracts that have came into effect after the claimants work has been completed. The claimant has also involved a number of neighbours and friends in his grievance with the works carried out by myself.
I am a sole trading, professional tradesman who carries a good rapport and reputation for my standard of work. I am a recommended tradesman by many of the suppliers and retailers of my industry in the Peterborough area. I firmly believe that such unfounded grievance by the claimant for works that has been carried out to a high standard as per an agreed quotation has caused damage to my name and reputation in what is already a competitive industry. A reputation I have worked very hard for many years to establish. I therefore wish to seek a further £850.00 in damages to business and reputation.
Total counterclaim in monetary value of £1886.32
Kind regards
Allister Gage
www.AllisterGage.com
[email protected]
Tel: 01733 229178
Mob: 07707 069947
Don't know if i'll get the extra i'm trying to claim for, but i've got a good arguement to put forward as to why he should pay me some compensation.
Any feedback always appreiciated, but i'll keep you all informed as it progresses.
D
Dougs Third Go
good luck with it Ali, hope you get the judgement
From reading all the previous posts I can't see why you shouldn't win Ali. But then again, 'The law is an ***'
Good luck
Good luck
Thanks guys, got to wait for a hearing date to come through first.
The upside (only upside to all this) i've spent the last 3 years going through courts for two family matters. Children and access. Spent a lot of time with solicitors, judges, advocats etc etc. I think myself its a pretty black and white case. It all centres around that "twist" in the doorway. Which was explained thoroughly and agreed on the setting out. Witnessed too. So he has no arguement i feel.
We shall see, tune in again for the next episode of "Ali has to go to court to earn a crust!"
The upside (only upside to all this) i've spent the last 3 years going through courts for two family matters. Children and access. Spent a lot of time with solicitors, judges, advocats etc etc. I think myself its a pretty black and white case. It all centres around that "twist" in the doorway. Which was explained thoroughly and agreed on the setting out. Witnessed too. So he has no arguement i feel.
We shall see, tune in again for the next episode of "Ali has to go to court to earn a crust!"
D
Dougs Third Go
I guess with all the paperwork and the Ali connection we could call it "The Thriller in Manilla"......I'll get my coat..
B
bugs183
Really hope you get your payment Ali, as you say this kind of thing can totally screw your cashflow, and looks like the customer is trying to be clever, go get 'um!
Oli that post is really useful and worth knowing, hopefully i won't be needing to use the knowledge, but well worth remembering.
Oli that post is really useful and worth knowing, hopefully i won't be needing to use the knowledge, but well worth remembering.
T
Time's Ran Out
Good luck!
P
Pebbs
Yes Good luck Ali, its a despicable thing they have done to you, so pay back time.
Chin up we're all rooting for you.
Lynn
Chin up we're all rooting for you.
Lynn
C
Colour Republic
What's your email address mate? I'll send you a copy
C
Colour Republic
sent part 1 mate
I'll send part 2 as soon as I can find where I saved the damn thing - part 2 is external tiling
I'll send part 2 as soon as I can find where I saved the damn thing - part 2 is external tiling
C
Colour Republic
btw way there are parts 3,4 and 5 but it is part 1 you'll be most interested in
Received thank you. I need all applicable to domestic floor tiling.
My opposition had a copy of "Technical Advice Note 7 - The design and installation of ceramic wall and floor tiling in food preperation, treatment and processing areas". He was instructed to tell me what he intends to use against me. But then wouldn't tell me what areas of whatever he had in his hand he was complaining about.
My opposition had a copy of "Technical Advice Note 7 - The design and installation of ceramic wall and floor tiling in food preperation, treatment and processing areas". He was instructed to tell me what he intends to use against me. But then wouldn't tell me what areas of whatever he had in his hand he was complaining about.
C
Colour Republic
You sure that that relates to domestic areas???? and how the **** does setting out relay to that.
I don't have note 7 but at a guess it would relate to tiled work surfaces?? or epoxy for splashbacks in commercial settings?? not sure how they can use it against you.
Hopefully somebody here has it
C
Colour Republic
here you go....
http://www.TilersForums.co.uk/help/answer-food.pdf
http://www.TilersForums.co.uk/help/answer-food.pdf
C
Colour Republic
as I thought it refers to commercial areas and after flicking through I still can't see what they are going to bring up?
C
Colour Republic
This 'note 7' is written by the TTA you know that don't you? It refers to BS5385 but is not part of BS 5385.
good luck and let us know what happens
good luck and let us know what happens
Been a while since i had any update for this thread. However i have just received the expert report!
All concerns are now answered. There is nothing wrong with the flooring carried out. The twist that i showed or described was accepted by the expert as the best way and position to ensure all runs true as possible and is aesthetically pleasing. No issues with grout disclosing, cracking or levels. Correct materials used as per data sheet. And praised for the use ed a de-coup'
The one negative raised was he picked up 10 tiles in total that was 1mm out of tolerance as per British standards. But in his report he suggests that this is not noticeable to the eye and does not have any impact to the aesthetics of the flooring. And although technically incorrect would not suggest replacing them.
In the grand scheme of things 10 tiles out of some 420ish is about 2.5%! Just got to wait until a preliminary hearing on the 1st of July. But i think its safe to say ill receive judgement and with a bit ed luck I'll be paid!!
By the time that comes round it will be a year since i under took the work!
All concerns are now answered. There is nothing wrong with the flooring carried out. The twist that i showed or described was accepted by the expert as the best way and position to ensure all runs true as possible and is aesthetically pleasing. No issues with grout disclosing, cracking or levels. Correct materials used as per data sheet. And praised for the use ed a de-coup'
The one negative raised was he picked up 10 tiles in total that was 1mm out of tolerance as per British standards. But in his report he suggests that this is not noticeable to the eye and does not have any impact to the aesthetics of the flooring. And although technically incorrect would not suggest replacing them.
In the grand scheme of things 10 tiles out of some 420ish is about 2.5%! Just got to wait until a preliminary hearing on the 1st of July. But i think its safe to say ill receive judgement and with a bit ed luck I'll be paid!!
By the time that comes round it will be a year since i under took the work!
S
Spud
Which inspector wrote the report?
T
Time's Ran Out
Still got everything crossed for you - you're in need of a change of fortune!
T
Time's Ran Out
I read them, but life is like that so I don't often reply.
John.
John.
Isn't it just.
We've had a certain amount hassle from my partners ex for four years. Its the worse its been lately. However the severity of his actions this time has pulled more authorities in to have a look into things. Its a mess and its hard going at the moment but it is looking like we will finally get him sorted and off our backs.
We've had a certain amount hassle from my partners ex for four years. Its the worse its been lately. However the severity of his actions this time has pulled more authorities in to have a look into things. Its a mess and its hard going at the moment but it is looking like we will finally get him sorted and off our backs.
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