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Me too mate. Hope all goes well for you. @armyash
Discuss Potentially being taken to court. What should I do? in the Plumbing Jobs | The Job-board area at PlumbersForums.net
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Armyash all the best also from me.
Relax now as you have done your work on your letter and put the ball back into her court.
If she does put it to Small Claims Court, I assume the procedure is more or less the same all over U.K.
If she foolishly eventually sends an application, it would probably take a fairly long period before the court process sends you the paperwork.
The advantage will be slightly yours, as she will have to include a letter to the court of her basic story, to which you will receive a copy together with court papers.
That means she puts her cards on the table (basically revealing her case) and you can then decide how to respond and to every point.
You usually get 4 options -
(1) you could ignore, but not advisable
(2) you can admit you owe the claim
(3) you can refute it
(4) you can refute it and also counterclaim
Obviously you will go with (3) or (4) option.
A Judge on the court day could decide to split the costs, with no real winner, but I guess that would still be a result.
There is no appeal on a Small Claims Court judgement normally, so always a risk.
But time to consider all of that, only if court papers come to you later.
Remember it is the lowest form of courts and a really minor case and of small change money, so don’t worry about it and just keep standing up for yourself.
Relax now as you have done your work on your letter and put the ball back into her court.
If she does put it to Small Claims Court, I assume the procedure is more or less the same all over U.K.
If she foolishly eventually sends an application, it would probably take a fairly long period before the court process sends you the paperwork.
The advantage will be slightly yours, as she will have to include a letter to the court of her basic story, to which you will receive a copy together with court papers.
That means she puts her cards on the table (basically revealing her case) and you can then decide how to respond and to every point.
You usually get 4 options -
(1) you could ignore, but not advisable
(2) you can admit you owe the claim
(3) you can refute it
(4) you can refute it and also counterclaim
Obviously you will go with (3) or (4) option.
A Judge on the court day could decide to split the costs, with no real winner, but I guess that would still be a result.
There is no appeal on a Small Claims Court judgement normally, so always a risk.
But time to consider all of that, only if court papers come to you later.
Remember it is the lowest form of courts and a really minor case and of small change money, so don’t worry about it and just keep standing up for yourself.
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- 3,311
Hi Armyash. Read this one with interest. I no longer run my business and am back in full time employment so can chat about this quite candidly now.
When running my business I once had to solder a gas pipe in a really awkward space, too tight to even get a mirror round to inspect the joint. The whole gas pipe run we’d done passed tightness testing fine. I got called back to a smell of gas in the airing cupboard. Tested it again and sure enough, a full drop leak. Turned out the solder had not run all the way round the back of the joint. This left a pinhole sealed with flux that passed the industry standard tightness test! Given that I’ve seen with my own eyes a flux pinhole hold back 2 bars of pressure for years on a sealed heating system this was incredibly bad luck..
Transco also attended this job due to a faulty regulator and they didn’t pick the leak up either..
Was this my fault? Not really it just happens, there was no way I could see right round this joint.
Customer wouldn’t let me fix it and told me to leave. Then sent me a bill for BG to rip out the whole central heating system we’d newly installed and to have it all redone as he no longer had faith in my install. I beat myself up over this and had many sleepless nights but ultimately I followed correct testing procedure and thus GSR didn’t find me liable or strike me off.
I politely told his solicitor we wouldn’t pay it as we had not had opportunity to repair the leak which we would have done on the day.
Despite various threats no court action ever came about and that was for a threatened claim of over £5000...
They won’t be successful for any claim if they haven’t given you an opportunity to repair it first. They have a legal duty to minimise costs being claimed for.
When running my business I once had to solder a gas pipe in a really awkward space, too tight to even get a mirror round to inspect the joint. The whole gas pipe run we’d done passed tightness testing fine. I got called back to a smell of gas in the airing cupboard. Tested it again and sure enough, a full drop leak. Turned out the solder had not run all the way round the back of the joint. This left a pinhole sealed with flux that passed the industry standard tightness test! Given that I’ve seen with my own eyes a flux pinhole hold back 2 bars of pressure for years on a sealed heating system this was incredibly bad luck..
Transco also attended this job due to a faulty regulator and they didn’t pick the leak up either..
Was this my fault? Not really it just happens, there was no way I could see right round this joint.
Customer wouldn’t let me fix it and told me to leave. Then sent me a bill for BG to rip out the whole central heating system we’d newly installed and to have it all redone as he no longer had faith in my install. I beat myself up over this and had many sleepless nights but ultimately I followed correct testing procedure and thus GSR didn’t find me liable or strike me off.
I politely told his solicitor we wouldn’t pay it as we had not had opportunity to repair the leak which we would have done on the day.
Despite various threats no court action ever came about and that was for a threatened claim of over £5000...
They won’t be successful for any claim if they haven’t given you an opportunity to repair it first. They have a legal duty to minimise costs being claimed for.
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Just makes me think why didn't you make your excuses and bail on that job? Soldering where you can't see what you're doing at all, even with a mirror, on a gas pipe? You don't have to do every job!
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- 653
When you find the person that designed pinholes will you let me know?!
W
Welder
Its years bud. Just get on with life. Delays only look bad on her.
W
Welder
Even if she does, it has no impact in law on this issue Ash. There is a fully formed & well troden path to do this stuff and she simply didnt follow it
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