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Sample Document F

IN THE BIRKENHEAD COUNTY COURT

Case No.                     

BETWEEN

Claimant                   

and

Defendant                   


PARTICULARS OF CLAIM

  1. On the 1st December 2002 I entered into a contract for the supply and installation of a replacement bathroom with the Defendant. The contract price agreed was £1,650.00 inclusive and 50% or £825.00 was paid immediately.

  2. On the 10th January 2002 the work commenced with completion scheduled for approximately the 16th or 17th January 2002.

  3. On the 15th January 2002 the Defendant advised me that the work was complete and requested payment of the balance of £825.00. I discharged the account in full.

  4. That evening, on using the sink, I noted that that the sink was not attached to the wall correctly. The sink appeared to be uneven, sloping to one side.

  5. On closer inspection of the work I noted several further faults : -

    • The bath sealant incorrectly fitted so that when bath filled, large gap apparent;
    • Taps installed incorrectly, causing leakage when turned on;
    • Shower tray not securely fixed;
    • Shower door sticks on opening/closing;
    • Plumbing for toilet incorrect.

  6. On the 16th January 2002 I contacted the Defendant to advise of the faults. He advised that he would return to inspect the faults the following day.

  7. The following day, I remained at home all day to await the Defendants call. He did not arrive. I tried to telephone him but received no response.

  8. On the 17th January 2002 I wrote to the Defendant advising him again of the faults, and requesting that he return to remedy the problems immediately. I attach a copy of this letter marked ‘ …..’.

  9. I received no response from the Defendant. I arranged to obtain an estimate from an independent bathroom fitter for the remedial works. A copy of this estimate is attached marked ‘…………. ‘

  10. I wrote again to the Defendant on the 10th February 2002 enclosing a copy of the estimate and requested that he contact me immediately to arrange the remedial work. I attach a copy of this letter marked ‘…………..’. I received no response from the Defendant.

  11. Accordingly, I arranged for the remedial work to be completed at my own expense.

  12. In the circumstances I am claiming damages as follows : -
    Cost of remedial works £475.00


I, the Claimant, believe that the facts stated in this claim are true.

Signed …………………………………………. PRINT NAME

Dated ………………………………………….. 2003

April 2003

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