The amount i am pursuing is £16,500. Its fast track, court is scheduled for August 10th. I think I have more information on previous thread! Does thia help?

Thanks so your standard disclosure list is the N265

https://www.consumeractiongroup.co.uk/forum/showthread.php?421287-LEGAL-N265-Standard-Disclosure-**Correct-as-at-April-2018**

Each party serves the above on each other by the dates stated in the Directions listed on the Notice of Allocation.

Each party informs which documents they wish to view from the list and exchange the requested docs by date.

Each party must file and serve a statement and standard disclosure by the dates stated......

Then your ready for the trial date.

Andy

Its the terminology I struggle with! The form N265 (already printed) is just the list of papers, not the papers themselves.

Serve a statement?

Correct the N265 is only a list...thats what you serve on the defendant...and they tell you which documents they want and visa versa.....you dont send the whole wad.

File and serve........File = Court...Serve = send a copy to the defendant.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part31

Bear in mind the snmall track limit is £10,000..this means neither side is liable for costs..above this and you could be liable for the other sides costs..this can be a lot as solicitors may charge hundreds per hour.

Well, the defendant's solicitor sent me a bill for £1583.00 ftwo days before the hearing! I did'nt even realise they were going to be there because the original mess "struck out" was to re-instate the case. I guess they were hoping that it would remain "struck out".Well it was re-instated. It was an administrative error. It just really extended things somewhat and i know I am liable for all costs should the shape become pear. As far as I can see there is no way of even guessing which way it will go

hello

which documents do you need in PDF mode?

I am over-reading I think and have become quite confused!

So have you done you disclosures and submitted a witness statement...you really need to engage with this thread if you require assistance and any chance of success.

This thread or the new thread I was advised to open - which I did - then was informed that there was no need to open another thread! Witness statements are to be exchanged at 11.30 on Monday 9th July. Disclosures, short, numbered and in folder already with defendant's solicitor as per instructions of Court. Just waiting for mutually agreed chartered surveyor to visit the property. That's how it stands at the moment.

After a bit of an absence, a few more queries Court date is 10th August. I am also fully aware of making a donation, however at present i have just had to draw £600 from my savings to pay half for a surveyor (£500 plus vat) leaving me with the princely sum of £85 to my name. Consequently I will not be upset if there is no response to the following queries.

1. Is it necessary for me to supply a new "bundle" when the original case was re-instated? i have not altered, added to or amended my original witness statement - I have nothing more to add, alter or amend. It is what it is.

2. Defendant's solicitor posted paperwork from him to me, approx a week before we were due to exchange (simultaneously) on the 9th July - even though I had made an appointment for the date agreed, and the time, the previous week. Is this some kind of game or am i just too stupid to do this? Solicitor's assistant said "it is not that important with the date".

3. Part of the "new" paperwork from defendant has addtional witness statement so do I follow the original, the amended or additional?

4. Received today a copy of the information supplied by defendant to the chartered surveyor. Do I need to do that too?

5. Part of the information (see 3) states they have checked the Land Registry (?) and the property is owned by a local Housing Group. Quite close but it is a half rent/half buy property - mortgage provided by Nationwide with a remaining balance of approx. £6.000. and will be paid off in 2021.

5. Defendants states also that I have nothing to do with the property therefore why am i pursuing this? My daughter is registered disabled and i am her main carer. I do not received carers' allowance.

6. I was informed by Trading Standards (local office) that because I had paid for all this work to be done it was me that had to pursue the claim. I did pay for the work to be done.

7. I have been in touch with the Buildings Insurers - after, i believe, someone mentioned it on here and I honestly didn't think about that. They visited, actually found where the leak was from the bathroom, are aware of the court case, and will, should it go in the defendant's favour (I lose) the Insurers will pursue it. Neither defendant or his solicitor are aware that I have done this because it was only over the last few days.

Thank you. Just writing it down sometimes makes me feel better!

1. No...as you state no change...but if you wish to respond to the further supplemental statement then this will have to be included.

2. Well the directions dates are set by the court and expected to be complied with otherwise sanctions can be imposed...but providing each party complied its De minimis.

3. All....but the latter 2 are the main evidence relied upon.

4. Not sure what you are asking...but it would depend on how it affects your claim and in what capacity the chartered surveyor is connected to the defence ?

5. As stated it your choice to submit a supplemental witness statement in response...if you need to...if its irrelevant disregard.

6. I assume you issued the claim in your name a claimant so TS is irrelevant to your claim.

7. Must be introduced as additional evidence and served on the court/defendant if you wish to rely on it.Although being a bit last min I assume they are not witness to the claim and therefore the court could disregard their findings.

Andy

Thank you for all that information - you have no idea how helpful it is to me and I really am so grateful.

The surveyor was requested by the judge to give an unbiased opinion on the leaky bathroom. I am presuming that he is unbiased because i don't have a choice (in that builders' disputes are a specialised subject and the one originally chosen is not available for court).

I have been through my paperwork again and I really, really do not have anything more to add.

The trading standards mention was because I did originally go to trading standards about this initially (via citizen's advice), I hoped that they would sort it out for me but just said that because i had paid for it then i had to sue. I have no need to mention Trading Standards at all so i won't.

It would have been so much simpler for the builder to just put himself out and fix it. His solicitors' fees probably would have paid for it all! I'll be back! And thank you.

Hello again

I have just received an e-mail from defendant's solicitors (literally in the last 10 minutes) with a copy of the surveyors report. The solicitors have put forward the following proposals:

That the defendant company instruct a contractor to remedy the following which has been identified within the expert report etc....to rectify a defective/leaking upstand corner joint within 28 days of acceptance of this offer. The defendant company will bear the costs for the following work-"that the welded joint ....be repaired to ensure that no further leakage occurs and pr, following which the existing ceiling can be cleaned sealed and re-decorated"

In consideration of the defendant agreeing to carry out the work referred to (as above) my claim shall be withdrawn forthwith with each party bearing their own legal fees, costs and expenses. Both parties shall equally share the professional fees .....of surveyor (my half £500 plus VAT)

This settlement will be in full and final settlement between the parties.

What do you make of that! I am 71 years old and I have struggled with this for so long. I cannot believe that I am being asked to "drop it" now and still be out of pocket. This was never gone into lightly, i just wanted it fixed and, as it turns out, could have been fixed easily and quickly.

I really do not know what to do. I would be happy to be rid of it all but it really does seem unfair that the builder thinks it okay to do the repair, or pay someone else and that's it. I am angry that it could have been sorted in the first place so - literally - easily. I am disappointed that some of the water damage that has affected some of the electrics in the kitchen has been ignored will not be rectified.

Everyone has been very kind to me on this website and it has all been appreciated - thank you so much. Any input now woulf be gratefully received!

I'm away for a few weeks and don't have time to make much of a contribution

However you should not agree to withdraw your case and you should insist at the very least on any proposals being put into the form of a Tomlin order.

In principle you should not agree to accept any losses

you should not come out of this out of pocket but certainly a Tomlin order must be the minimum basis for any agreement if they want to avoid a judgement

A Tomlin order should at least set a deadline for the completion of the tasks that they have agreed to carry out

" I am disappointed that some of the water damage that has affected some of the electrics in the kitchen has been ignored will not be rectified. "

Then that should also be included in any settlement and made good.

The beauty of a Tomlin Order rather than discontinue/withdraw...you hold them to account until satisfied and all works completed to your satisfaction...and if not you have liberty by way of the Tomlin to proceed with the claim......the Tomlin Order only stays the claim...

As the claimant you will responsible for the fee of the Tomlin Order...and also the fees you have paid so far in issuing the claim.

So give the line " with each party bearing their own legal fees, costs and expenses " careful consideration.

Hello again.

Just received from Defendan's Solicitor a Statement of Costs (£11,409). Wow, I just asked for £1000 !

I did contact his Solicitor's with my proposal for settlement, including all damage to be made good, pointed out that this has gone on for 4 years, I would not withdraw from the claim, and was unwilling to accept any more losses. The Surveyor's report states that the wrong sealant had been used on a joint hence the leakage that got progreesively worse, and also the report stated that there was nothing wrong at all with the drainage of the shower - clean, intact etc.etc. Builder has come up with at least six ways of how we abused the shower drainage system - and the drainage system is still intact and good.

I suggested that by using a Tomlin Order, that would save further costs, infinitely reduce the possibility of judgment (which i think that is what was being suggested by them initially with the offer) hopefully ensure that the work was completed within a given time-frame, and we all walk away at the end.

No response to my proposal at all. Just a statement of Costs! I actually delivered the proposal (got a receipt for it) because of time-frame scale. Suddenly not worth a response.

I am dreading it tomorrow - It will just be me and it's all a bit scary. Really, really thought the Builder would fix it (glad he not called Bob) and it just got bigger and bigger! The other thing is the day after tomorrow I will have an answer- one way or another.

Nothing to be scared of....its really quite informal....as long as you present your evidence clearly and outline the dispute the judge will act reasonable and fair.

I would bring the Bill of Costs to the DJ attention as that is being used as a form of intimidation IMHO.

Best of luck and update your thread when convenient.

Andy

Thank you for your response. I didnt want to get into long and convoluted arguments, I just wanted to say it how it was - simple, straight-forward etc. etc. I have taken on board the suggestion about the Bill of Costs. This is the second time that I have been sent details of defendant's solictors costs a day or so before court.

First time was when I had a hearing regarding "being struck out" which was an administrative error!

Well what do you know! See what happens between paragraphs? Court case tomorrow has been bumped! Just got telephone call!

Bumped ....? Adjourned ? ...reason ?

Andy

There does not appear to be enough room for my case tomorrow so another slot has to be found - just waiting for another date. I am allowing for it being August and holiday time for Judges - the same as anyone else and because I am kind like that! It goes that way sometimes! It's very annoying and i do want it finished with. I will work on my evidence presentation - which will be simple, straight-forward and honest. Only so many ways to describe an on-going leak!

Again in between time, my proposal has been turned down - so i guess that means it is still onward for the £16,500 that I was originally suing for! (I had offered to accept half). That that also means that i can fill in the right form for my expenses - I was asking £20 per hour over 50 hours - so back to the 300 hours at the same rate.

Dont forget to include copies of attempted resolution and any responses.

Judges expect parties to act reasonable and try to mediate and avoid trial at all costs......not be awkward and rack up the costs.

I have a new date for the hearing - October 25th - in a Court 35 miles away! I have queried this but it is not going to change! A whole day has been allocated (I did suggest 2 or 3 hours) as the defendant has had to concur with the Surveyors findings i.e. the initial leak was not, as the builder thought, the main soak away - but a fault in a joint which had not been sealed both properly and with the right adhesive. As the Surveyor put in his report "the leak could have been easily rectified had he visited the property....." which he didn't.

By the time this actually goes to Court it will have been 1613 days since the first leak - (which includes the extra day in 2016!). How stupid this is.

This is the state of play at today's date, and another thank you to everyone on this site providing not only positive assistance and feedback but being so supportive - I really do appreciate everything.

Well the day is arriving - tomorrow for court! Amazingly enough (!) the court itself is the one originally designated (about two miles away) instead of 35 miles away. Informed of that today!!! When I got the 'phone call I thought it was going to be bumped again, but thankfully just to inform me of change of venue.

My worry is that the local judge found will not have read the papers - and it will take up the whole day!

It has been proved that the problem could have been remedied easily and quickly. It was not the drain the building company insisted it was (if they had come up when complained about that would have been obvious!). The fault lies with a joint. Builders agree that surveyors report is fair, just and honest.

Builder does not want to recompense at all. He wants to pick a builder to do repairs and we all walk away from it! No costs, no compensation of anything.

I have had insults, snide comments, no end of reasons how the shower was obviously being mis-used - just so pathetic. At tomorrow's date it will be 1613 days since the first leak! So I will report back tomorrow!

PS. I found out, only yesterday, that a compliance certificate should have been issued for the electrical work done in the bathroom (i.e. a pull switch with an integral fan). Certainly no certificate, and as I didn't know about this I couldn't ask for one! I do wonder how many things are not done (that are in building regulations) because the recipient is not aware.

Good luck tomorrow, Maggi.

HB