Legal question

[David C]

We're in a dispute with a cowboy builder, up to date we've had 25 solicitors letters on his behalf. As a matter of interest, how much will it have cost him for these, will he be paying by the letter or get a bill when its over. Any ideas?

[yoxer]

You will be unless youve got a very good case by the sound of it

[ayjay]

It's unlikely he will be charged separately for each letter as it is written, normal practice would be for each letter to be costed (per minute) as to how long it takes to write/dictate and charged accordingly eventually.

[David C]

Thanks John.

 

Yoxer, if it gets to court, it will only be the small claims court due to the amounts involved, so there are no legal fees claimable. Thats why we can't understand him racking up all this expense. Some of the letters are quite lengthy so I dont imagine they'll be cheap.

[rickster]

or hes very good with the computer and got one of those new software packages that makes legal letters. He wont be getting any money if he wins as what he gets will be in one hand and out of the other

[kleinboet]

Even if you take the small claims courts route, if you lose, you will pay for the letters (usually at about 50 quid a pop).

How do I know? Ive been there!

[yoxer]

Its a very common practice to jack up the costs this way if the party ( the cowboy builder ) has a justifyable grievance. By the sounds of this Im pretty sure he has, as he will know the costs of solicitors letters etc and would not be runing this way if he thought he would be paying . I'd be very careful if I was you as his work done may be utter crap however that does not mean to say he is not leagaly correct in the dispute.

[poledark]

Just to cheer you up a bit, I heard this tale at first hand a few years ago.....Plumber did some work for this bloke who was fiddling the IR by pretending to live in the houses he was doing up for sale.. Guy pays plumber in cash.

 

Job goes pearshaped and so guy sues plumber.

 

 

In court the guy complains that the plumber won't come and fix the problem............

 

Plumber says "he wont do any more work until he is paid for the first work"!!!!!!!!

 

Plumber wins case

 

I was actually putting right the plumbers bodged work when guy told me this.......I immediately asked for payment up front, and the guy paid me..............

 

 

 

 

Wait for it

 

 

yep, you've guessed

 

 

IN CASH

 

Den

[David C]

Thanks for the advice, I'm surprised, as when I got legal advice on this (free through my trade union)they said I cannot be liable for his legal fees if he instigates the action. CAB said the same. I'll be going back to them for clarification.

[David C]

OK. guys, I hope you can help me here. I've got the info leaflets here sent to me by the county court, This is what it says:

 

Q. will I be able to recover the cost of employing an expert from the defendant if I win?

A. The judge may tell the defendant to pay something towards the cost, you should bear in mind however that the judge cannot allow more than £200.

 

Q. What other costs might I be able to claim if I win?

A. Any court fees you have paid, an amount not more than £260 for legal advice if your claim included an application for an injunction (not applicable in this case) an amount not more than £50 per day for loss of earnings due to attending court, any additional travelling & overnight expenses.

 

Looks like its not going to be much more than £300 for worst case scenario. Is there anything this leaflet is not telling me?