Contractor vs. contractor: taking a builder to a small-claims court

[I just need to test it]

Ultimately in small claims court it comes down to who the judge believes. So you’re a punter, he’s a builder. If you can convince the judge using photos / text messages then you could win.

Having said that, I’d discourage you from attempting it. The court system is geared up to make judges et al richer. It will cost you hundreds even to get to a courtroom. And it’s stressful, man, so so stressful. Avoid.

[barrydidit]

left a number of cute not-quite-holes in the ceiling below

Would these happen to correspond with the nails used to fix plasterboard to Sirs matchstick ceiling joists? My best advice would be not to buy a new build as this will happen a lot.

However, since we are where we are; scrape off the loose, fill, sand, redocorate, tell the Mrs if she can do better then fill her boots. Or, have it replastered. Your choice.

[Troll]

The gentleman who fixed my first-floor (ahem) floor did a good job on the floor, but also left a number of cute not-quite-holes in the ceiling below.

Use screws to hang ceiling panels then you will never have this problem again

Despite it being unsightly it should only take a morning to fix so DIY & put it down to experience

HTH

[BrilloPad]

According to HMRC, he is an employee. Bring it up at his review.

[PhiltheGreek]

You'll need an independent assessor to appraise the situation and advise accordingly. I'd recommend AndyW's mum - she's seen more ceilings than i've had hot dinners. And, if you call for her cab home, you'll get your cock sucked too.

[Lance]

The gentleman who fixed my first-floor (ahem) floor did a good job on the floor, but also left a number of cute not-quite-holes in the ceiling below. The problem was not spotted until after cash was paid, without a receipt. (One difference from my own contracting experience: four out of the six Checkatrade fellas I have come across in the course of a house renovation insisted on cash). I wonder whether, should this go to court, the tradesman can just say "I have never met this guy" and walk away. Has anyone got relevant small-claims court experience?

have you asked him about the holes?
Maybe he'll just say 'oops sorry. I'll bob round next week and patch that up for you'. That's my experience with tradesmen.

[WTFH]

The gentleman who fixed my first-floor (ahem) floor did a good job on the floor, but also left a number of cute not-quite-holes in the ceiling below. The problem was not spotted until after cash was paid, without a receipt. (One difference from my own contracting experience: four out of the six Checkatrade fellas I have come across in the course of a house renovation insisted on cash). I wonder whether, should this go to court, the tradesman can just say "I have never met this guy" and walk away. Has anyone got relevant small-claims court experience?

Sorry, am I reading this right, you want to take a guy to court because of some nail drops that you didn't spot?
The guy who did your floor will just ask a couple of simple questions of you:
1. Can you prove they were not there before he did the work?
2. Can you prove that they were caused by him doing the work, and not, for example, by you moving furniture after it was done?
3. Can you prove he did the work?

Instead of spending a couple of hundred pounds an hour to try to claim £20 in damages, I'd suggest going to your local DIY store, getting some Polyfilla, putting it in the holes, sanding down then painting over it.

[quackhandle]

You could go to the police and convince them that you are mentally incapable of making a sensible decision and this unscrupulous builder took advantage of your diminished mental state.

Spat my coffee on the screen you git!

qh

[woohoo]

You could go to the police and convince them that you are mentally incapable of making a sensible decision and this unscrupulous builder took advantage of your diminished mental state.

[_V_]

No receipt, no proof you even paid the guy, no comeback.

[meridian]

Tradies can insist on cash all they like, did you insist on a receipt? Otherwise, what’s to stop them turning up in court and claiming that you haven’t paid?

[demyan1]

The gentleman who fixed my first-floor (ahem) floor did a good job on the floor, but also left a number of cute not-quite-holes in the ceiling below. The problem was not spotted until after cash was paid, without a receipt. (One difference from my own contracting experience: four out of the six Checkatrade fellas I have come across in the course of a house renovation insisted on cash). I wonder whether, should this go to court, the tradesman can just say "I have never met this guy" and walk away. Has anyone got relevant small-claims court experience?