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Tootles1971

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  1. We have Judgement. What's the best way to warn other people to be wary of this company? They seem to do some really good work, but they also do really awful work, don't complete things and the Director has also had a second company that took money by DD then folded owing people money........He clearly is either disorganised or totally crooked and I'm not sure which! Clearly I don't want to destroy a decent person, but equally don't want other people to be in our position!
  2. OK we're all sorted. Hopefully judgement will get given quickly. This has been a nightmare process!
  3. We've had a call from the court telling us the hearing has been cancelled and we have to fill in a form but she couldn't tell us which one to use. We're now confused............ What happens next?
  4. Hi BankFodder, Yes it is still listed. We've been keeping a check as we were worried he was doing a runner! We've received a letter from the court today (attached) which we could do with some advice on. I've tried phoning the court office but they were not too helpful as "we won't necessarily have dealt with it yet if it came in on friday" agggh! They apparently work a week behind. I presume we have to fill in a form to file a judgement, but the form we originally sent only includes fees for the claim form, and we've had £270 more in court fees since, which I hope we can add on! Basically, what do we do next and do we just take a request for judgement to the court hearing on wednesday? Thanks!! Tootles
  5. He's been told to submit to us and the court by 4pm Friday or his defence will be struck out. The hearing is due next Wednesday so I assume this would be cancelled if he doesn't comply? What happens next?
  6. Can someone help out please??? Our statement has been submitted but yet again he hasn't sent us his documents by the deadline. We're unsure if he's submitted it to the court. We posted his signed for and it's still at the sorting office waiting for him to collect it. What happens if he doesn't submit anything to court?
  7. Hi again We now have a hearing date for February. Can anyone give us some pointers on the evidence we need to submit for the hearing please? Do we have to resubmit things that have already gone in as part of the claim? We are still hoping that he might contact the mediation service, as he ticked the mediation box on the directions questionnaire, but so far he hasn't contacted them. Thanks! Tootles
  8. So the letter he took with him to the set aside hearing has been accepted as his defence, so we now have the Directions Questionnaire. His defence is fairly weak, and has huge discrepancies all the way through it. Is this all he can use at the hearing, or can he submit further evidence? Also, we had an expert report done before we submitted the claim, which was included in the original claim, so do we have to ask for this to be used as expert evidence at the hearing, or is it just considered part of the original claim? We are planning on offering him a settlement to avoid going to hearing, but also submitting the paperwork to court as he has been very uncommunicative all the way through! Just want to see the back of this now, hopefully get some money back and get a decent fence built!
  9. OK so he's failed to file a defence as ordered by the judge at the set aside hearing. What happens now? Will it go back to default judgement? In other news he's also fraudulently claiming to be part of a safer contractor scheme
  10. Thankfully we are joint claimants so I can go ahead alone but not looking forward to that! We have had an independent report completed. We offered him mediation in January but he just ignored us completely until April when the late defence was submitted. If we say no to mediation now would that go against us? If we can't agree something in mediation what happens next?
  11. Hello again, Following the judgment being set aside, we are now preparing for the hearing. We've finally received some defence from the defendant, which is full of inconsistencies, incorrect dates and downright lies. It contradicts several items of correspondence from him which we submitted with our original claim too. We haven't had the directions questionnaire through yet, but as we only have 14 days to complete it when we do, thought I'd ask for a few pointers so that I'm ready to go straight away. The basic jist of the claim is that we had a fence built this time last year, which was never actually completed, and we were expecting him to return in september to apply a second coat of treatment, remove some tree stumps, and put on some decorative balls. It got to the start of December, and the fence was leaning quite badly after a storm, but all of the fence posts were able to be moved (about 30 cm!) So quite obviously had not been concreted in adequately. He replied to our perfectly polite email saying he could not be help accountable for the weather, "....and as for the stumps!" which we took to be clear that he had no interest in coming to look at the fence or finish the work. There is a small amount of the quoted amount outstanding to cover the three things that needed to be finished, but we had paid him the £1500. We then wrote to him, again very politely, requesting that he finish the job we had contracted him to do and either repair or replace the fence. We'd had someone to look at the fence who basically said it needed to be scrapped and rebuilt. No response by the end of January, so we emailed again, offering mediation, but again received no response, so started off the small claim process. He failed to submit a defence, so we went to the next stage of the process, then about a week later we received a very short defence statement, which was sent back to him by the court. blah de blah until we got to ccj, and bailiff, at which point he applied for set aside, and unfortunately due to our naiivety, it has got set aside and will now go to hearing. Last week, my hubby had a major heart op, so I will have to carry this on alone, which fills me with dread. What sorts of things do I need to demonstrate to the court to prove he's not done what he should have done, and that he should repay us? Can I take a friend with me? Am I allowed to submit statements from our neighbours that the storm caused them no structural damage? Thanks Tootles
  12. Quick update. We had the hearing. The judgment has been set aside because we claimed against the person, and not the limited company even though he is the sole director. Aaaaagggghhhhh! So now we will have to go to a hearing. Stuffed up on a technicality. Why can't they make things more explicit in the process? Thought the small claims track was supposed to be user friendly. Hey ho. We live and learn. Sad little Tootles
  13. OK. I can add that in. So can you just clarify point 9? Can we not ask him to cover ALL the costs up to this point?
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