Mike,

Kingers pockets are "Stitched right up"

That roofer is gonna have to "Rip Kingers strides" clean off of him !!

No Chance

Mike,

Kingers pockets are "Stitched right up"

 

That roofer is gonna have to "Rip Kingers strides" clean off of him !!

No Chance

Hi everyone. I have still received nothing from the court. I'm still sitting in limbo land!

Thanks for the update, I have wondered about you over the last few days.

No news is good news!

Thanks for the update, I have wondered about you over the last few days.

No news is good news!

Thanks for all the support. It's nice to know people haven't given up on me.

Still with you. ...

Working on something my end at the moment so can't talk.

Still with you. ...

Working on something my end at the moment so can't talk.

I have some news at last! A court hearing has been set on the 1st August for 30 mins. what do I do now? (if anything).

There was no additional information. It would seem to me the court does not want to spent much more time on this case. Does this mean its unlikely the judge will want to allow an expert do be instructed?

hopefully maybe its just enough time for the j to tell the other side to bog off

maybe a pre/directions hearing though re the app'ns?

Ford,

Is there any way of finding out ?

Your app is sitting on the back of the other sides correspondence. No hearing fee requested or paid so its up to you to bring it to the DJ's notice on the day.

I think Kinger paid a fee when the N244 was submitted.

Filing fee only, nothing for the DJ's time to he heard... County courts are a money making machine and if it's not paid the relevant fee it won't act.

I've read this from start to finish and can unfortunately only offer my sympathies to Kinger, for what is obviously a stressful and disheartening experience.

I really don't see how people are supposed to have faith in the legal system when contractors are apparently free to ignore contracts and produce shoddy work, then have the backing of the courts when they demand payment for the rubbish they've produced. Shocking.

I've read this from start to finish and can unfortunately only offer my sympathies to Kinger, for what is obviously a stressful and disheartening experience.

 

I really don't see how people are supposed to have faith in the legal system when contractors are apparently free to ignore contracts and produce shoddy work, then have the backing of the courts when they demand payment for the rubbish they've produced. Shocking.

Thanks for the replies and support. Is the only thing I can do now is just make sure I take a copy of my court application to the hearing?

Good Luck for today.

I hope things go your way.

Best of luck for today

fingers crossed

fingers crossed

And everything else.

I've just got back from the court. First of all the good news.

THE CASE HAS BEEN DISMISSED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

However it was not based on the strength of my case. That's right, I still did not win based on the seemingly endless paperwork to back up my side.

The Claimant did not turn up. The judge was trying to argue the Claimant's side. He said why did the building inspector not attend when the Claimant attended, despite the attendance of the inspector being the responsibility of the Claimant.

The judge said that he was dismissing the counterclaim and would not reinstate it. He said that we should have appealed, despite him saying at the prior hearing that we could only appeal on inconsistencies regarding the interpretation of the law.

I am pretty disappointed and upset as this seems to be a joke. The advice I received on here which I believe to be true was I had no grounds to appeal, yet the judge now said that I should have. The judge did not want to know about anything further and only dismissed the case when I said that I wanted to pay myself in full for an expert witness.

Can I now start a new claim against the roofer for damages to the internal work? Because the counterclaim was dismissed does that mean I can never make a new claim against the roofer for the same thing? I am really confused here.

Lastly but definitely not the least. Thank you all for all of your selfless and never ending help and support. A special word to F16 who has offered so much of his time and help unreservedly.

Thank you all once again. Whilst this is not a complete success it is definitely not a failure.

That's great news Kinger... now to engage a decent builder to lift the tiles and get the job done properly.

Don't get hung up on the counter claim issue, its the sort of dispute that can rumble on for years with no real winner. You have your original build costs in the bank, I think I'd spend a few bob on a toast to the DJ and the rest fixing your home whilst the good weather is with us.

I've just got back from the court. First of all the good news.

 

 

THE CASE HAS BEEN DISMISSED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

However it was not based on the strength of my case. That's right, I still did not win based on the seemingly endless paperwork to back up my side.

 

 

The Claimant did not turn up. The judge was trying to argue the Claimant's side. He said why did the building inspector not attend when the Claimant attended, despite the attendance of the inspector being the responsibility of the Claimant.

 

 

The judge said that he was dismissing the counterclaim and would not reinstate it. He said that we should have appealed, despite him saying at the prior hearing that we could only appeal on inconsistencies regarding the interpretation of the law.

 

 

I am pretty disappointed and upset as this seems to be a joke. The advice I received on here which I believe to be true was I had no grounds to appeal, yet the judge now said that I should have. The judge did not want to know about anything further and only dismissed the case when I said that I wanted to pay myself in full for an expert witness.

 

 

Can I now start a new claim against the roofer for damages to the internal work? Because the counterclaim was dismissed does that mean I can never make a new claim against the roofer for the same thing? I am really confused here.

 

 

Lastly but definitely not the least. Thank you all for all of your selfless and never ending help and support. A special word to F16 who has offered so much of his time and help unreservedly.

 

 

Thank you all once again. Whilst this is not a complete success it is definitely not a failure.

Kinger,

I'm with "Mike" . That is great news. .....

You "WON" on "Default" (Claimant failed to show up). .....

Was he ill ?

Was there an earthquake ?

A tidal wave ?

No he failed to "show" because he read the "weight" of evidence in your "bundle" and bottled it.....

No Building Inspector as a "witness". (Like that was going to happen).

He is on the "Run". You've got him "Hooked".

You "Blew both his legs off" today !!!!!!!

The "Head shot" is up to you.

Like I said back in post #288. "The show a'int over till the fat lady sings"

You won today.. So "tip a glass to the DJ".

You know I'am. ....

F16

Hello everyone. I didn't think I would need your help again (at least so soon) but the builder has filed another court claim against me for breach of contract for the same case which has already been dealt with.

What do I do?

Thanks

the same facts, re their prev claim which they didnt turn up to the trial. and their claim was struck out?

the same facts, re their prev claim which they didnt turn up to the trial. and their claim was struck out?

Yes. They didn't turn up and the claim was struck out. This claim makes reference to the previous claim and seeks breach of contract and interest

they shld have difficulty in pursuing the same claim eg poss re abuse of process, res judicata?. their fault they didnt turn up, and didnt object in time to the strike.

wait see what others say

they shld have difficulty in pursuing the same claim eg re abuse of process. their fault they didnt turn up, and didnt object in time to the strike.

wait see what others say

Do I need to make a new thread? Or will people not see this one because its old?