I received an email today from the new tenants - they have a letter addressed to me, return address "HM Courts & Tribunals Service, Morley"..

So what's the betting the electrician has been silly enough to file a claim against me for not paying his 28 hours, £1400 labour bill for fitting an extractor and earth bonding that weren't required...

wonder if its time to get the press involved, maybe channel 4, rogue traders or whatever that TV show is called these days :)

Well a civil claim is supposed to be preceded by a Letter Before Claim from the claimant at least 30 days before taking action, and the Claim Form would be sent from the Northampton County Court Business Centre, not Morley. Perhaps you're about to be on a jury :-)

You've definitedly been had here.


As to how you may get out of it, you'll need to consider who you have contracted with, for what work, and on what terms. As others have said, you may not benefit from consumer protection and standard contract law will apply. If your instruction for the work was to the managing agent, and you are paying them for the work (which they effectively sub-contract to the electical contractor) then you will need to carefully read the terms you have with that agent regarding this. You'll likley find that the terms are heavily weighted in their favour and if you signed up to them then unless they are challengable as unfair terms you are stuck with them.


If you effectively instructed the electrician directly (even if the agent passed those instructions on), and the electrician invoiced you directly, then you are likely to have a contract wth them. As to the terms of that contract, the electrican may refer to their 'standard terms' but if they have never sent them to you and you have not agreed to them (explicitly, or implcitly by performance) then they cannot unilaterally impose them on you at a later time.


You'll need to determine who your contract for this work is with - as that is who you need to write to formally stating your positon, and that is who would need to take you to court to get you to pay.


Have you now been issued with a 'satisfactoy' EICR to meet your obligations under the new Regulations?  If you have, then in your written statement you might want to consider making an offer to pay what is a reasonable amount for the work - maybe even pay that, and leave them to chase you legally for the rest.  If you haven't (if they are witholding it) then you're a bit stuck and may need to consider appointing someone else to prrovide one and deduct the costs of doing so from the original charges you agreed for the initlal inspection.


It can all get a bit complicated and this is getting more to legal advice than technical - I am not a lawyer but I do have some experience of commercial disputes.  Am happy to have a chat about how this might go if you drop me a PM.  You should however seek a negotiated resolution first which will likely involve paying something for the (albeit shoddy) services you received.  


You can of course dig your heels in and pay nothing, and give your reasons why, but I would expect a chase.  Perhaps pay for the original inspection and refuse to pay for the un-necessary remedial work (if you have your Satisfactory EICR now)?


Jason.

I rather doubt that it is a claim, more likely as a Jury service call. In the first instance, I would expect a letter from the electrician's solicitor as going it alone would be fairly stupid.

Let us know when you have read it.

It would be funny if your Jury is trying a case against an electrician, you would probably have to declare a vested interest otherwise the guy would be "guilty m'lud" whatever the evidence!

Hm? I have never sat on a jury, but I have been selected for courts martial. Jury summonses may be administered centrally, but would you not sit reasonably locally? Selection is based on the electoral register, so any summons would go to wherever you are registered to vote.


How about a speeding ticket? ?

The bad news is that the Morley address is also where they dispatch fixed penalty notices from - been speeding perhaps ?


Small claims court is quite different, and if you get one of those there are some things you need to do in the right order - mostly in terms of replying and putting your side of the argument in the right way - it may be possible to advise a bit on this, having been through it myself.

M.