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Received Court Claim from Builder


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Also I'm concerned that in your post 51 above you are saying that there are various things which were not done and you say that these things were not even intimated in his quote – but did you ask for them?

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Hi Bankfodder - do you think its ok to file what you composed for me? Or does it need tweeks due to my subsequent posts?

 

It is going to be for you to decide whether the defence you submit addresses the points in his claim. Have you post up claim form?

 

You have laid out what his fixed fee relates to in post 54. Is this what the original contract was for? What parts of that list were not carried out in the work which he eventually did?

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Bankfodder - confusion sorry.

 

"he would need to deal with the subdivision on the property" - this was included in his quote.

 

He subsequently wrote that to do the work (labour) it would cost £150/h.

 

his quote was misleading.

He said he would "deal with" the subdivision - but later wrote that would "cost" an additional £150/hour.

 

Should I add an extra bullet point in my Defence to show that?

 

The Claim - PoC - were 2 sentences from him.

 

"non-payment of invoice #... for services provided in relation to producing drawings. The invoice has been outstanding since x date".

 

The amount of the invoice was the Claim + the court fee.

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It is going to be for you to decide whether the defence you submit addresses the points in his claim. Have you post up claim form?

 

 

No

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Thanks Andy - just 2 sentences on the Claim -

 

I think BankFodder's list is brilliant.

I just wonder if I should add one point about subdivision being included in the quote and then later advising there would be an extra cost of £150/h ??

 

FYI - the sub-division really should have been a separate quote with the work to fulfil itemised.

I know that now.

 

As a builder he must have known that - and should have looked at what needed doing and quoted accurately, not on an hourly rate...

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Thanks Andy - just 2 sentences on the Claim - as post 61

 

Then just 2 sentences to respond to...anything you add simply arms him for for his statement should he proceed ...forewarned is forearmed

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Interesting thought Andy

I get that.

 

So perhaps I remove the bit about "severable contract" from BankFodder's list - #5 & 6.

 

Which is an interesting point of law to put in a later statement.

The rest is clear and simple and could be included ?

 

The next issue is CounterClaim - should I add an apx quote for someone else to re-do the work?

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I agree completely with Andyorch that you should address all the points in the claim but as minimally as possible. However, the question of severability is essential and you must refer to the defence.

 

I have no idea what the subdivision means

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Don't forget that by making a pro rata claim, he is already admitting that the complete works which are reflected in the fixed fee has not been carried out. He is clearly unable to deny that he didn't carry out the entire agreement. It is now simply a question of whether the parts of the work which he did carry out can be taken on their own.

 

Your position will eventually have to be that they were an integral part of the entire project and that it is impossible to get somebody else to do the add-on bits and that if you decide to begin the project again, somebody will have to start from scratch. In other words the partial work which your claimant has completed is of no value to you on its own

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It is far too complicated to amend the defence – unless you try telephoning the courts and explaining that there is an error. Severability is an essential aspect of your defence and the case is likely to turn on that point.

 

I think that you would be best off supplying a more detailed defence directly to the claimant and point out that this should be taken in addition to the defence which has been supplied online.

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Court number is permanently busy :-(

 

So should I scan and email the Claimant the amended version?

And send a copy to the Court with a covering letter.

Or just email the court?

 

The deadline is today.

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Just the court...they serve the claimant.

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IMPORTANT

 

You will need to send any ‘claim response’ which includes the acknowledgment of service, part admission or defence/counterclaim forms as well as directions questionnaires (DQs) directly to [email protected] to ensure that they are filed correctly.

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Thank You Andy. Will email Defence Amendment now with covering letter. And post.

 

Done.

 

Now I guess I sit and wait for the next stage.

What is the next stage?

Is it the Statement?

How long does one get to prepare and file that?

Does the court give a potential court date immediately?

Or suggest arbitration first?

 

How long does one have to wait normally to hear back from the court with an acknowledgment of the Defence?

 

Oh No

 

Email reply -

 

Your reply is being returned to you as we have already received a response to this claim. If you wish to alter or provide a new defence you can apply to amend or substitute a defence using the N244Application Notice’. Please read this letter thoroughly before sending the application to the court as incorrectly completed applications will be returned to you.

 

And £100 to file the amendment... :-(

Should have saved and waited before pressing submit. Grrr

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Done.

 

Now I guess I sit and wait for the next stage.

What is the next stage? Is it the Statement? How long does one get to prepare and file that?

Does the court give a potential court date immediately? Or suggest arbitration first?

 

How long does one have to wait normally to hear back from the court with an acknowledgment of the Defence?

 

Plenty of threads here which run through the process...time to read.

 

Oh No

 

Email reply -

 

Your reply is being returned to you as we have already received a response to this claim. If you wish to alter or provide a new defence you can apply to amend or substitute a defence using the N244Application Notice’. Please read this letter thoroughly before sending the application to the court as incorrectly completed applications will be returned to you.

 

And £100 to file the amendment... :-(

Should have saved and waited before pressing submit. Grrr

 

I thought that would be the response.....dont worry about it you can insert it at your witness statement stage.

We could do with some help from you.

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I have received DQ - small claims track

Have til 28th to file

A = settlement / mediation - should I tick that?

 

I may be re-financing over the next 4-6w and can't 'afford' a judgment against me during this time.

If file by 28th, is there likely to be a mediation within a few weeks?

And if that is not successful - then a hearing within the following few weeks?

Or may it all get speeded up.

 

Of course, I would hope that no judgment is ordered against me - but just want to be careful..

 

. If it gets to court - could there be an automatic judgment against me?

Or if there's an agreement to settle before via mediation or during the hearing then no judgment is raised?

 

Just not sure how the system works.

And really need to be focusing on another much more important issue this week...

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Mediation will stretch it out and allow for possible settlement

We could do with some help from you.

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Need to start working on the Directions. Due date is Friday.

 

Do Directions mean all my evidence - emails etc - and reasons why did not pay?

 

Should I add in here the point about severance?

 

Do I have to post to both court and claimant? Or can I do it all on-line with pdf attachments?

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Need to start working on the Directions. Due date is Friday.

 

Do Directions mean all my evidence - emails etc - and reasons why did not pay? Yes if you have or intend referring to them in your witness statement

Should I add in here the point about severance? Yes

 

Do I have to post to both court and claimant? Yes Or can I do it all on-line with pdf attachments?

 

Not the courts....but you can the claimants if they accept electronic submissions.

 

Andy

We could do with some help from you.

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Just so I am clear:

how much work should I put in to this?

Do I keep it simple and then expand if it gets to mediation/ court?

 

On the point of severance

- how is it best to articulate that into the directions.

 

I am not sure I 100% understand that argument from a strong legal perspective against the claimant.

Although I think I understood that perhaps severance is the legal crux of my defence??

 

And what exactly is witness statement?

Is that bullet points or essay?

 

I am bang in the middle of a really important project, not enough hours in the day for that - yet obviously this is important.

 

I have one day to put this together

- if I am to get it in the post for delivery by Friday to the courts and claimant.

Tired.

Will be a long day...

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Ok - So I have looked at the N149A (Notice of allocation to small claims).

And I have filled in the attached N180 (Directions Questionnaire). I ticked the Mediation box.

Is that it? I just have to post the simple N180 to the court and claimant?

 

I was getting quite stressed earlier (as one can read above) thinking I had to prepare a huge bundle of evidence and firm line of Defence and be clear about my line of argument all in next 2 days, by Friday.

I have now read the "Process of Litigation" thread. And thus I realise that there is "another stage" if this is not settled by mediation. The next stage - if I am correct - is that I will be sent a hearing date and will be given the date to prepare my 'witness statement' and other facts.

I am breathing a sigh of relief that I have more time to prepare.

 

However, I would like to start preparing for the next stage.

So, should I start reading up on Severance?

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