small claims court advice about my claim UK?
i had a verbal quote to have a solid wood floor fitted. the quote included glue, fitting and levelling the concrete floor if it needed doing. we accepted and the floor was fitted.
a couple of days later we found uneven parts where the floor moved loads and creaked. we rang up the people who fitted the floor and they said they would come and sort it out.
they came round and offered to put some screws through the floor boards to hold them down so they didnt move. they got a test piece of wood floor to show me what they were going to do. they drilled a hole through the floor then cut the top piece of wood off and glued it back on. it stuck out about 5mm and was the diamater of a pea and it looked awful. we were going to have these holes in three places on our floor.
i wouldnt let them touch my floor. the wood cost me £800 and then another £300 to have it fitted so i wasnt letting them drill holes in it making it look even worse.
i asked them why hadnt they levelled my floor so it was fitted properly and they denied agreeing to level the floor.
i have started the proccedings to take them to small claims court to get my £300 back i paid them to fit the floor. i am still left with my floor in a mess and it will cost me alot more to get it taken back up and refitted properly.
i have no evidence so is the court going to just through it out.
i have no written quote agreeing to level the floor. it was a verbal quote.
it will just be my word against theirs. am i likely to loose as i cant face loosing in court with them there laughing at me. id rather not go.
any advice from people who have been to uk small claims court would be appreciated. thanks
- 1 decade agoFavorite Answer
im sorry to hear you've had a bad experience with your floor.this smacks of incompetence.there is no excuse,any problems involved with the job should have been flagged up and a solution agreed upon BEFORE WORK COMMENCED ON THE FLOOR.all i can tell you with regard to small claims court,is that a reputable firm would definitely not want to go there as this will affect future Business for them.as for the floor itself im 100 per cent sure it can be sorted out but without seeing it ,i cant offer you a solution.Source(s): a lifetime in the construction industry
- 5 years ago
If after the death of a claimant in any claim the cause of action survives, but no order is made substituting as claimant any person in whom the claim vests or, as the case may be, the personal representatives of the deceased claimant, you may apply to the court for an order that unless the claim is proceeded with within such time as may be specified in the order the claim shall be struck out. (RSC Ord 15, Rule 9) It is more likely than not that the claimant did not make provision for the claim to be pursued against you after his or her death, or alternatively that the family of the deceased no longer wishes to pursue it. The difficulty is that you simply do not know the reason. If it is the former then you would win by default, as it were, and you can claim your costs against the deceased's estate. If it is the latter then you risk prolonging the claim. In either event you should ask the court to make an order that the claim be proceeded with within say, 28 days, that will protect your interests. At the same time write a letter to the claimaints solicitors, on a without prejudice basis, stating what terms you would be willing to settle the matter - either that each party bears its own costs, or the claimaints estate pays part of your costs. Whatever you decide make sure that the settlement is final and that no further claims, in any form or manner whatsoever, can be pursued or resurrected after the settlement. It is probably better to file a consent order to that effect with the court to make sure.
- ScouseLv 71 decade ago
You have to prove your case which is that you relied upon their skill and knowledge of their trade to advise you on the necessity of the floor which you knew needed levelling and so should they at least have queried it if you had not given specific instructions. You claim you had and the court on this matter will decide on who is likely to be telling the truth. They can and do sometimes get it wrong so you have also to use the trade knowledge augment to try anad convince the district judge. No one can honestly say if you will win or lose from what you have said here.
You will have to put your case firist and they will have to answer it. Do not interupt what they say and remain calm at all costs your turn will come to refute what they say. lose your temper or get angry and you will lose the case. The district judge wil sum up and you my think you have won and then you may think you have lost so listen make notes throughout the hearing. The verdict is the final thing and whichever way itg oes leave the Court with dignity as though it did not really matter anyway.
Giving the other side a load of abuse outside court if it goes against you will just heighten their pleasure