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    • Wait for more replies, but that letter to me can be interpreted as a letter before action. Ignoring it can have consequences. The court to impose sanctions for failure in responding to a letter of claim.
    • I'm still pondering/ trying to find docs re the above issue. Moving on - same saga; different issue I'm trying to understand what I can do: The lender/ mortgagee-in-possession has a claim v me for alleged debt. But the debt has only been incurred due to them failing to sell property in >5y. I'm fighting them on this.   I've been trying to get an order for sale for 2y.  I got it legally added into my counterclaim - but that will only be dealt with at trial.  This is really frustrating. The otherside's lawyers made an application to adjourn trial for a few more months - allegedly wanting to try sort some kind of settlement with me and to use the stay to sell.  At the hearing I asked Judge to expedite the order for sale. I pointed out they need a court-imposed deadline or this adjournment is just another time wasting tactic (with interest still accruing) as they have no buyer.  But the judge said he could legally only deal with the order at trial. The otherside don't want to be forced to sell the property.. Disclosure has presented so many emails which prove they want to keep it. I raised some points with the judge including misconduct of the receiver. The judge suggested I may have a separate claim against the receiver?   On this point - earlier paid-for lawyers said my counterclaim should be directed at the lender for interference with the receiver and the lender should be held responsible for the receiver's actions/ inactions.   I don't clearly understand that, but their legal advice was something to do with the role a receiver has acting as an agent for a borrower which makes it hard for a borrower to make a claim against a receiver ???.  However the judge's comment has got me thinking.  He made it clear the current claim is lender v me - it's not receiver v me.  Yet it is the receiver who is appointed to sell the property. (The receiver is mentioned/ involved in my counterclaim only from the lender collusion/ interference perspective).  So would I be able to make a separate application for an order for sale against the receiver?  Disclosure shows receiver has constantly rejected offers. He gave a contract to one buyer 4y ago. But colluded with the lender's lawyer to withdraw the contract after 2w to instead give it to the ceo of the lender (his own ltd co) (using same lawyer).  Emails show it was their joint strategy for lender/ ceo to keep the property.  The receiver didn't put the ceo under any pressure to exchange quickly.  After 1 month they all colluded again to follow a very destructive path - to gut the property.  My account was apparently switched into a "different fund" to "enable them to do works" (probably something to do with the ceo as he switched his ltd co accountant to in-house).   Interestingly the receiver told lender not to incur significant works costs and to hold interest.  The costs were huge (added to my account) and interest was not held.   The receiver rejected a good offer put forward by me 1.5y ago.  And he rejected a high offer 1y ago - to the dismay of the agent.  Would reasons like this be good enough to make a separate application to the court against the receiver for an order for sale ??  Or due to the main proceedings and/or the weird relationship a borrower has with a receiver I cannot ?
    • so a new powerless B2B debt DCA set up less than a month ago with a 99% success rate... operating on a NWNF basis , but charging £30 to set up your use of them. that's gonna last 5mins.... = SPAMMERS AND SCAMMERS. a DCA is NOT a BAILIFF and have  ZERO legal powers on ANY debt - no matter WHAT its type. dx      
    • Migrants are caught in China's manufacturing battles with the West, as Beijing tries to save its economy.View the full article
    • You could send an SAR to DCbl on the pretext that you are going for a breach of your GDPR . They should then send the purported letter of discontinuance which may show why it ended up in Gloucester and see if you can get your  costs back on the day. It obviously won't be much but  at least perhaps a small recompense for your wasted day. Not exactly wasted since you had a great win  albeit much sweeter if you had beat them in Court. But a win is a win so well done. We will miss you as it has been almost two years since you first started out on this mission. { I would n't be surprised if the wrong Court was down to DCBL}. I see you said "till the next time" but I am guessing you will be avoiding private patrolled car parks for a while.🙂
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being struck out? - suing a builder, without legal representation


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Good luck, however don't mention the electrical work.

If it was a straight swap any "competent" person could do it.

Competent doesn't require any registration.

Also, don't sway away from the main subject by introducing irrelevant matters, although important to you.

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Well, here I am! An interesting but odd day.

 

 

The Judge found in my favour that there s clearly a leak, as proved by a survgeyor, and all was as I had described I have won the case (if that is the right terminology. The Judge said that I, as the claimant, had won the case.

 

 

 

However, I have to pay £4006.00 by the 8the November towards the defendant's costs of around £12,000 and odd! The defendant is also able to claim back approx £2,000 from VAT (?). The possible repair bill for the bathroom itself, recommended by the surveyor, should be around the £590 mark, but he did add that the entire floor section may need to come out so would cost more. Damage to the kitchen ceiling also mentioned by the surveyor, would not be covered because there was nothing to prove there was damage! so the allowance was approximately £600 for the fault in the bathroom.

 

 

 

My costs involving time, paper, printing, postage, telephone were not taken into consideration at all. The £600 I paid - my half payment to the surveyor was also not taken into consideration. The costs I have to pay was originally £4606 but the £600 allowed for the bathroom was deducted so i only have to pay the said £4006.

 

 

Therefore, i paid £24,000 for work to be done in the property. I paid £600 for a surveyor.

I now have to pay an additional £4006 to the defendant's costs. I still have aleaky bathroom (the Judge said that he allowed for that in the deduction!), a damaged ceiling and a huge amount of disappointment.

 

 

It was all a bit bizarre and surreal. I have no more words at the moment apart from thank you so much to everyone who has been so very supportive on this site. I need to think - but not tonight!

 

 

Thank you all so much

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Hi.

I dint mention the electrical work . new fittings were installed hence the compliance certificate but i didnt know any of that at the time so it would not, and was not brought up.

Actually I wasn't allowed to say much at all, but really never strayed from the leaky bathroom and ensuing damage to the floor below! But please look at what happened today.

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Did the defendant counter claim ?

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initially the builder denied that the fault, if there was one, was not caused (happened) because of them. Was proved that there was a fault, not the drain but a sealant. They had, the whole way through not accepted that the problem was of their making. After surveyors report they then agreed that they would hire a contractor to repair, they would pay their own costs, and we just walk away!

I said that I was unhappy that the builder wanted to nominate another builder for obvious reaasons. Surveyor suggested getting three estimates and he would have been happy to oversee (the surveyor that is).

 

I asked for my costs (£1000), and damages of £8250. No more additions and the repairs would come out of that money.It was 1613 days since the first leak to the court date. So being in Court was literally just to finalise because the case had been proved. Does that make me a loser!

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  • 3 months later...

Hello

Just general info please.

I took a builder to court. won the case (!) told by the judge that I had to pay some of his court costs. I was not then (October 2018) nor now, able to pay these costs. Both the defendants solicitors and the court were informed that I was unable to pay these costs. I did not pay any court fees throughout the proceedings. The last written information dealing with this was at the beginning of November 2018 where I confirmed that the position had not changed, I was unable to pay the court costs. i heard nothing further from either the Court or the defendants Solicitors.

Last friday afternoon, the 25th January, I received a telephone call from a woman asking me why I had not paid the outstanding costs. I re-iterated what had been said before, and she responded with saying that the bailiffs would need to be brought in. My response was that if that was the case then that is what must happen.

Today I received a letter from the same woman again,literally stating in writing what she said on the 'phone.

The woman describes herself as a Credit Controller.

The address she is using is the address of the builders that i took to court, which is a house not the business premisies as such.

Not headed notepaper, just plain A4.

It says that they are willing to accept some form of payment plan.

The Credit Controller is a friend of the Directors - I found this out through Linkedin - I do not know her at all.

There does not seem to be anything "official" at all.

My situation remains the same in that I am on state pension, and pension credit. Savings are approx. £240.

Any thoughts on my next move, if any, would be appreciated.

many thanks

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