Court

[helpsy]

I'm taking a landlady to small claims court for non payment(February). One of the questions was do I want an experienced person(plumber) to add to my side, I put no as I believe it would imply that I don't know what I'm on about. The landlady said yes and you had to name etc etc, but she just put to be confirmed, surely that isn't right. The claim is for just over £500, but it's the principle. Your thoughts please.

 

[Ermintrude]

Judge will see reason. Just let her say her piece have all the facts easily at hand and don't get irate or personal

 

[lame plumber]

presume you've done the online bit, so its just you,them and the beak. Smart suit n tie, look proffessional, state your case simply, keep it short sweet and concise. If possible get a mate to ring her 5-10 minutes in, she has lost the case instantly, especially if she answers it, ps turn your phone off and leave it in the car. Take a friend for support if you want, the beak will tal you through the whys and wherefores. Dont end up arguing or answering him/her back. just tug yer forelock and be a good bod and you might win. Have a list of your rates of charging so you can add a days lost labour if you win, plus all costs ie fuel etc getting there, they can and do add it to your original costs

 

[Chalked]

presume you've done the online bit, so its just you,them and the beak. Smart suit n tie, look proffessional, state your case simply, keep it short sweet and concise. If possible get a mate to ring her 5-10 minutes in, she has lost the case instantly, especially if she answers it, ps turn your phone off and leave it in the car. Take a friend for support if you want, the beak will tal you through the whys and wherefores. Dont end up arguing or answering him/her back. just tug yer forelock and be a good bod and you might win. Have a list of your rates of charging so you can add a days lost labour if you win, plus all costs ie fuel etc getting there, they can and do add it to your original costs

Good post :star:

 

[Best]

Did you do any bad workmanship or damage to anything? - That's a problem if you did, but she would have to prove it.
Did she ask you to do the work that she isn't wanting to pay for? - Have you any estimates or quotes or emails or texts to substantiate your case? Photos would be handy if you had any. Also your invoices for any materials you supplied are essential & any of your work diary notes with dates (as evidence of the time).
If you are not used to court, don't worry, just get all your evidence no matter how slight & bring it to the court.
Judge will award it to you if they realise you did the work by agreement & did it correctly.

 

[REDSAW]

the old 'expert witness' bit, that will cost,lol

 

[Best]

Smart suit n tie, look proffessional, state your case simply, keep it short sweet and concise. If possible get a mate to ring her 5-10 minutes in, she has lost the case instantly, especially if she answers it, ps turn your phone off and leave it in the car. Take a friend for support if you want,

That's evil, but brilliant - that bit about getting a mate to ring her in middle of court! I never thought of that :smile:
I would also highly recommend you bring a friend for support as it takes the pressure off you & would be an advantage if they know your paperwork & can sit with you pointing at any wording etc.
Make sure any friends are also dressed in suits & look like legal representatives.
Don't speak unless you are spoken to in the court room & don't say any irrelevant stuff - that's what a liar does.
Judges are experts on paperwork & wording. They also know how to read a face. If you get the chance to ask the landlady any questions, if you catch her with a hard question, then just let her squirm & do not interrupt her silence or stammering. Enjoy!

 

[lame plumber]

only mentioned it jokingly, as I took some folks to court in a previous life looking to get back 8k for my company, and despite huge notices all over the reception, the wife of the defendants phone rang, she answered it and said cant chat I'm in court, won the case for me, the beaks face was a picture and he took longer to dress them down and tear a couple of new bum holes than he did to award me a win and costs, this was after he said I had no case to answer but begrudgingly said he would listen to my evidence and decide whether to proceed or not.

 

[helpsy]

She verbally asked me to go and sort it as the tenants had no water. I rearranged some jobs as it was an emergency( although I make more money, I try to be as helpful as possible if a person is in a situation). I get a lot of jobs on the spot verbally, never had a problem before. I asked for payment(card machine) . She said I pay by cheque, to which I said I don't generally accept a cheque. She saw my ad on Yell.com, which clearly states payment methods. A few days later she said there was a leak(unvented) I don't believe there was( think she was trying me out so if I said no, not til I have been paid it would of kicked off). I said right as it is under mains pressure and 1st floor flat time is of the essence, I tried various forms of contact tennant/landlady no response. So i felt if I did nothing that wasn't an option, so I kept trying to contact, she then said that I was harrasing her( clearly she received the messages then). Damned if I do damned if I don't. She then said she had another plumber to check my work. I then said I should have been given the option to sort it, I then told her I required the name of the plumber, his report and to see his G3 qualification. None seen to date. Reportedly he sorted alleged leak. Feel like I've been taken for a ride.

 

[Best]

She is going to have to prove her story. She would have a hard job if she said she hadn't requested you to do the job - as how else would you have been able to enter the property & know about it etc. So that should be fact number 1 - Job requested.
Fact number 2 - You carried out the requested work ( bring evidence if you were lucky to have photographed it or any invoice of parts used)
Fact number 3 - She didn't actually pay you, despite your advert stating payment methods. (Take copy of advert to court as part evidence)
Fact number 4 - She alleges days later there is a leak, you can't get arrangement to inspect leak despite all your attempts. (Obviously take any record of these text or whatever contacts evidence for court)
Hopefully it will all appear to the judge that it was all about her not wanting to pay up.
Keep all your texts messages - print them all out neatly & in date, for the court.
Also every little shred of evidence - even your phone record (if you still have it stored) of her calls to you.
DO bring your actual phone to court incase the judge wants to look at it as well as your printout of texts etc, but DO turn it off as Lame said! :smile:
I am not sure how it works with your Small Claims Court, as they vary across the UK, but if you get a chance to put a Statement of Facts in to the court, make sure it is very accurate & well worded. Have someone look over it before you send it.
Small Claims Courts are really just quick justice courts where a judge often has to make a decision on what evidence if any is in front of him/her & work on probability. If it is your first time, don't worry too much about it & use every day to gather as much evidence or ideas before you put any paperwork in.
She might give up in the last minute & not go to court.

 

[REDSAW]

dont worry, she will cough up before court by the sound of it!!