Small Claims court

[Tony_Bilton]

Hello,

I've spoken about this topic with a lawyer based in England who gave me a frank an neutral view of my position. As it's not Scottish Law, I'd like to retell the issue and ask for feedback.

The concise version is this. Bathroom needed repairs after it developed a crack. As insurance did not offer accidental damage I bought a new 3 piece suit. New LA steps in to manage the property and suggests installing a new product in the bathroom. As I've trusted the LA before I agreed verbally. After some thought I made an attempt to claim on the water damage with the underwriters. Upon their investigation they informed me someone from the LA provided the invoice (after numerous requests) it came to £1000.00 less.

Since then I've emailed and phoned the contractor asking them why the difference. Initially they reply was to discuss with the LA as they claimed (verbally) the invoice was X amount less than I paid to the LA (in two payments). Then they back tracked stating the amount was correct and all paid up (which should be correct as I made the payment). The LA initially stated this was due to a typographical error on behalf of the contractor (typing 1 and not 2 without carefully checking). To date the there are still holes in the work and shoddy workman ship.

So, next step is to proceed with Small Claims Court. As the invoices have the contractor's logo on it but the LA's address should I approach the LA as the agreement was with them to recoup the difference or sue the contractor? I need to work out who my agreement was with and plan my course of action. If the judge says it's between the LA and I then my case could be rejected.

I've been a bit vague in this as the LA may read these forums and recognise me but would appreciate any solicitor's help with this.

Thanks for all replies.

[Melboy]

As I've trusted the LA before I agreed verbally. After some thought I made an attempt to claim on the water damage with the underwriters. Upon their investigation they informed me someone from the LA provided the invoice (after numerous requests) it came to £1000.00 less.

I'm a bit confused here

Are you trying to say that the LA has charged you more by direct invoice to you than the contractor who installed the bathroom suite invoice to the LA?

[Tony_Bilton]

Hello Melboy,

yes, the verbal amount was £2800, which I paid in two instalments £1800 & £1000.

the contractor's invoice only came to £1800.

As I've trusted the LA before I agreed verbally. After some thought I made an attempt to claim on the water damage with the underwriters. Upon their investigation they informed me someone from the LA provided the invoice (after numerous requests) it came to £1000.00 less.

I'm a bit confused here

Are you trying to say that the LA has charged you more by direct invoice to you than the contractor who installed the bathroom suite invoice to the LA?

[Melboy]

It is standard practice for nearly all LA's to mark up the work that is carried out by the LA's contractor when they are directly involved in handling of that work on behalf of the landlord. Fact.

There is a large discrepancy here between the contractor and LA's invoices which amount to £1000 which you do not agree with as being reasonable and fair.

So, did you agree to the LA's estimate of £2800? If you did then presumably you were happy on that basis for the work to proceed at that cost. You have entered into a verbal contract on that understanding. The LA has then made a "profit" of £1000 on the invoicing to you. Unreasonable? yes, I think so, but that is business and if you had any reason to think that the original quote was too high then you should not have proceeded with that quote.

Any "shoddy workmanship" should be rectified by the bathroom installer under instructions from your LA. The LA is the main contractor responsible for the sub contractor's standard of work.