Can anyone spot a problem?

[Gazzer]

Excellent stuff Oli :hurray:

 

[Olz]

Here it is.

http://www.tilersforums.com/tilers-...ing-bounced-cancelled-cheques-non-paying.html

 

[AliGage]

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.

 

[Dougs Third Go]

good luck with it Ali, hope you get the judgement

 

[John Benton]

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

 

[AliGage]

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!"

 

[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..

 

[Spud]

I've personally experienced this and the matter extremley clear cut and simple.......

You cant legally stop and cheque because you are not happy with the goods / services, they have shot themselves in the foot, you can take this to county court and win, they cannot defend the claim.

Do the below straight away.

1.) Send them a notice of dishonour via recorded delivery straight away, then if no payment is forthcoming then submit a county court claim via money claim online and immediatley, claim the full amount of the cheque that they stopped. You dont need to show they were happy with the work, or that it is up to scratch, the law is very strict and very clear on stopping cheques, and unless there is one of a very small and specific list of reasons they will not be able to defend the claim. You will also get interest added for the delay, and the court costs back.

You can only cancel a cheque if its stolen, obtained fraudulantly, you recieve ZERO, goods or services in return, the contract between the two parties is illegal.

Notice of Dishonour you need to send first is;

Dear XXXXX,
Notice of Dishonour
We give you notice that cheque number *** dated *** account no.*** of *** Bank drawn by you to pay your arrears of £*** Has been confirmed dishonoured on *** date by reason of non-payment and that you are held responsible.
Payment of the aforesaid sum is required in cleared funds within seven days of the date of this letter. Failure to pay the same will result in Court proceedings being issued without further notice.
Yours faithfully

Then if they dont reply submit a county court claim via money claims on line as follows. (you may even be able to just counter claim in the current case, Ring the court clerk at the county court and they'll offer you some advice.


On *** date I installed floor tiles at *** Address, having been instructed to do so by the house owner Mr/Mrs XXXXX.

This work was completed on *** date and a cheque for full and final payment was issued by Mr/Mrs ***, this being cheque number *** from account *** signed by *** and dated ***.

On the *** i recieved notice from my bank that mr/mrs *** had cancelled the cheque. Communication to resolve this matter with Mr/Mrs *** has failed and I now wish to bring a claim under the Bill of exchange act to recover the full amount of the cheque paid.

I confirm that the cheque was issued to myself by Mr/Mrs *** as means of pyament for the work undertaken and materials provided.

Goods and Services were provided, the cheque was not stolen or obtained fraudulantly, the verbal contract between myself and the customer was not illegal.

Regards

***

I cannot stress enough that they are unable to defend this action, they may still persue the claim against your for the work, but you should be able to defend easily, given what you've said.

Same happened to me a couple of years ago, she was trying to get out of paying and tried to do the same to a plumber, window company and a gas fitter, we all hammered her really simply becuase she made the mistake of paying us all by check and then cancelling them.

She was a friend of a friend and apparantly she thought she was really clever when she thought her defence of not being happy with the work would get her out of paying, and apparantly she was spitting feathers when she was told by the court that she had no defence, the cheque was for around £800, she was ordered to pay me about £1100, she still didnt pay so I took it further and ended up with a baliff going round and clamping her car, she then quickly coughed up, with the baliff charges added in it cost her abour £1800.

I've kept all the paperwork for that job, with the court papers as well in a seperate folder which I look at every so ofter because it makes me smile knowing she tried to shaft me and it back fired on her big time.

I think i wrote a thread about it at the time, ill try and find it.

Fantastic post Oli

 

[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.

 

[Time's Ran Out]

Good luck!

 

[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

 

[kilty55]

good luck ali,really cannot see how they have a leg to stand on to be honest outrageous behaviour from them hope you sting them hard

 

[AliGage]

Update on this. Just got out from a preliminary hearing. Have to fork out for a building surveyor to inspect the floor and generate a report.

Does anyone have the content of BS5385 they could email me? Save me buying it for £210!!

 

[Colour Republic]

What's your email address mate? I'll send you a copy

 

[AliGage]

[email protected] or [email protected]

thanks in advance