Problem with new conservatory

[GuidoT]

Given its value your claim should be allocated to the small claims track. Each side can instruct lawyers, but the legal costs are generally not recoverable by either party, win or lose.

However, you have not been Allocated to a track yet, that is the purpose of the Allocation Questionnaire. If you are allocated to another track such as the fast track you need to consider your risk.

If you received Allocation Questionnaire N149 (as oppose to N150) it is very likely you will be allocated to the small claims track.

Providing is it in the small claims track, their legal costs are going to outweigh any recovery. Solicitors for low value claims is a commercial nonsense.

[poppynurse]

Yes we have got small claims track for a 2 hour slot on 11th August.

Do I send my bundle to the conservatory co or their solicitors or both?

The judge suggested the case was suitable for mediation - should i go for this?

[GuidoT]

Send to solicitors only (and the court).

The case is suitable for mediation, but there will be the costs of the mediator that would probably be split equally irrespective of the outcome. I am not sure how much these would be.

Mediation will be more expensive for them as they will probably have solicitors in attendance, you would not be liable for their solicitors costs.

[JonCris]

It's always wise to attempt mediation if only to satisfy the court but it shouldn't mean you being left out of pocket for the negligence of this company

Although the courts want it as they see it as reducing their burden & may punish those who refuse by way of adverse costs it's beginning to be realised it's a useless legal tool particularly in money cases. After all if you have been ripped off for say £1,000, £5,000 or £10,000 then you why should you accept any less.

Why should you the innocent party be expected that because you have chosen to use the legal processes available that you despite succeeding should lose money as a result.

As I understand it mediation is being found to be a waste of money & resources as even most who have sort mediation are still ending up in court

[poppynurse]

We have agreed to mediation which I understand will be via telephone on July 17th - anyone know how this works?

Also received an order saying if the claimant doesn't pay the hearing fee it will be struck out- here's hoping they don't pay it

[The GodMother]

Yep. Been following the thread. They are obviously then ones in the wrong from what has been put on here.

Good luck with the mediation.

[Bookworm]

Mediation, in my non-professional opinion, is a crock of sh*t.

Still you have nothing to lose by trying to act reasonable and settle this outside of court, after all, this is what you have been trying to do all along!

[The GodMother]

Other than trying to settle out of court the mediator may send a report to the judge and this way it will make you look good as you can point out that you have sent 2 cheques to the company and what they have agreed to do like sending you blinds and you have failed to do that. Any type of trying to settle out of court will look good on you and if the company refuses to answer questions and accept anything then they will look bad.

[poppynurse]

Well we tried mediation and I attempted to negotiate settlement but they wouldn't budge - the best they would offer was pay the full invoice and we'll drop the legal costs - er no?

So it's off to court.....

What do I need in my bundle???? Help.....I've only got a couple of days to sort it....

Also OH was named as defendant - his defence is that he is did not sign any contract so nothing to do with him - does he need to attend, and what should he put in his bundle???

[The GodMother]

Yes it is best he attends as he can be there to carry your bags. .

Anyway you can always put him down as a witness due to him seeing the state and his life disrupted due to the conservatry problems.

[Bookworm]

In your bundle, you need every bit of correspondence between you and them, drawings, agreements, etc..., also what TS said, anything and everything relating to the case, no matter how trivial it may seem, as I guarantee that the one piece of paper you decide is not important enough will be the one you needed to win your case. Also have a copy of the case law you'll want to rely on to make your case. Index everything carefully so you know what to refer to quickly during the case.

When you go in, before the case about the conservatory issues get started, deal first with the fact that it has nothing to do with your husband and that you are sole defendant, if the judge agrees, that will rattle them straight off.

[poppynurse]

I've now got their bundle and they are after my husband for the full judgement - the contract states Mr and Mrs but only I signed it - all correspondance has been in my name alone. The surveyor has lied in his statement - he says he never met my husband (oh yes he did, although OH was only there for part of the conversation). They have also put in statements from the builder (who works for them) with lies in....

Trouble is my husband's defence is that he is not party to it, could the court award against him if this defence fails?????

Help!!!! I've got to post my bundle today!

[The GodMother]

if ur husband has not signed anything and the contract was in ur name then l would say his defence is fine. they have to prove his defence is wrong.

the contract was in his and your name then u could argue that he had nothing to do with it and they have put his name on the without his permission.

can u prove the builders statements has lies in it?

obviously your husband can say what was discussed with the surveyor while he was there.

[Bookworm]

No, the judge shouldn't find against your husband, he is not a party to this contract full stop. If you were to drop dead tomorrow, the alleged debt would become part of your estate and if there were no estate, they couldn't pursue him for it, sorry, I don't know how better to explain it. He didn't apply, he didn't sign for it, his name is not on the contract, it has NOTHING to do with him. He can however be a witness to conversations and discussions the same way that a neighbour or whoever could be.

[poppynurse]

His name is on the contract - it states Mr and Mrs but only I signed it! I didn't notice that they had put mr and mrs at the time! But all correspondance has been between the co and me.