As for claiming costs back...it's unfortunately up to the judge. So the solicitor may say you can claim all my charges back and if that's even presented to the judge...he will likely say you can or can't claim charges back and can also limit the amount so don't expect to go in there and automatically get several hundred pounds back in solicitor fees because the judge might automatically say no or limit it to say £80
Update 2 He replied to the LBA, he is contesting on the grounds that he has had to employ someone else to complete work which I had not quoted for. He has made a silly offer for £200, the man that has carried out the work is his Builder friend that built his extension. His invoice looks comical, For a builder that's been trading a while, only invoice number 2 and no VAT, I smell a rat Small claims it is
Take a copy of the invoice and send it HMRC, they love things like that - and will be asking a lot of questions over the vat and accounting
Somebody I sued tried that one, the judge threw it out and saying he had no right to engage anybody else with prior notice to me, so it cost him double, paying the other builder (to do work that didnt need doing) and paying me, plus costs.
Make sure it's a copy you send - the original is very useful extra evidence for your case, as Phil says.
Anyone know a good link on How to create and layout a draft letter for small claims Spent all day labelling pictures, what a bore
Cheers Phil, I set my account up today, thought I would try and draft a rough plan 1st as letter writing not my strongest point
In the first instance you are just setting up a claim, once accepted, you then present your evidence, pictures etc to the court.
Make sure you do it properly, Dr Dec - the lingo used is very important (as it is when making a claim for faulty goods, etc). So either go on Moneyclaim or else find the correct template. No idea where tho'. But, GET IT RIGHT FROM THE OFF.
DA, Thanks, that's want I'm worried about, what's in my head I struggle to put on paper. I sent a text to one of my clients who husband is top lawyer, I've asked for his advice. Hope I will get a reply.
Money claim is for the layman and not solicitors etc, the judge's will understand if you haven't used the right legal jargon. Just state what has happened. How you have tried to resolve it. How you have given notice to pay. The judge will see through a chancer who trying to get away without paying.
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