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  1. My client has considered the matter and considers most of the items claimed on the schedule of loss are not part of the contract be it the first contract or the second. The only items that are claimed that are part of the contract are as follows:- 1. Rain water goods £190.00 2. Damage wall whilst installing flitch beam to both kitchen and lobby (re-plastering) £300.00. 3. Removal of debris £150.00. 4. Mechanical extractor failed control switch £50.00. 5. Air brick – remove debris poor workmanship £50.00. The rest of the items claimed are not within the contracts. Your client is claiming for things that are to finish off the rest of his house e.g. double glazing. To conclude this matter our client is willing to offer £1,000 in full and final settlement of this matter. That amount is inclusive of interest and costs given it is a small amount and would fall into the small claims category. We reserve the right to refer to this offer in relation to costs at the Trial
  2. Help with worrisome Damages: 1. Security from claimant if he were to lose the case. This should be in the region of £20k given that he set aside judgement and ready for proper defence. 2. How can the case be allowed to go ahead during set aside without this security deposit from claimant. This is to my detriment if the claimant loses and unable to pay. I am not being protected here. 3. is there any law preventing me from doing this?(protection from financial loss! He could file bankrupt) 4. Base on the evidence I have what are the possibilities of an application for summary judgement? 5. Is it too late to ask the court for this money security to be deposited to court ? 6. All my personal effect still in the shed and storage. I am depress and not living 7. I can no longer go on with further repairs as I have no resources to carry on. The hopes of renting is gone while bills are being paid with difficulty. 8. Still no order from the court requesting for independent assessment of the loss /damages as par allocation questionnaire
  3. They have not responded directly to me regarding the counter offer that i made (without prejudice) for £12k to be paid within 14days of the offer. ( parties paying their cost). Whether this means they have effectively rejected it is not absolutely clear but probably it does. I reminded them that the claimant already offer payment of £100p/w following the default judgement, was open and not “without prejudice" meaning he was prepared to pay the full amount of the debt. They have sent me copy letter they sent to the court on 01/06/2022. Reads as follows: ” This claim has not been settled and needs to progress to Trial. The Claim needs allocating and we would suggest to the fast track and Directions given for hearing. “
  4. Is it the fixing of the" negotiating period" that overruled or dismisses the point 17 of the client defence?, as I couldn't find any order to that assertion? or where do i find order that this was dismissed.
  5. Can an unpaid judgment creditor use garnishee to access part or all of a judgment debtor’s pension.
  6. I need help with the issue of negotiation. My loss to date is more than 16k as my property deteriorate daily, only habitable for me alone. I may not die with my life threatening sickness but i am wary daily of being electrocuted in my home with live electrical flicking in my face daily resulting from the way the builder left my house uncompleted. Yes I want to move on but where do i start ? £16k two years ago will be more by the time claim is concluded.
  7. What the Defence says at para 17 is, If the Part 20 Claimant establishes any breach of contract or negligence, which is denied, the Part 20 Claimant is put to proof as to the nature, cause and extent of such losses. The Part 20 Defendant intends to submit a further counter schedule of loss once the Part 20 Claimant has provided full disclosure in the case. What exactly does this mean if this matter was dismissed by the court? and what full disclosure?
  8. This is not a serious offer. Looks like playing games. Going 2years now since i cant continue the repairs and the quotes to update the house is never going to remain same. Not serious and a waste of time
  9. The claimant's Solicitors: " I have been instructed to offer a settlement on a drop hands basis with both parties bearing their own costs."
  10. A private Drain Blocker company was appointed to unblock drain, this led to the local water company finding out that my neighbour sewage pipe had collapsed, the result that caused long time blockage in my property as well as caused subsidence in both properties. While I have remedied my subsidence, the local water works had asked the neighbour to move out his tenants so that the repair of blockage in my property could be carried out. As my neighbour was taken too long to move his tenants, the water company decided to divert the pipes away from the neighbour with promise to pay for incidental cost as a result of their repair work. The payment offered by the water company did not cover the overheads of claim and receipted invoices Sent to water company and payment declined. Who exactly is responsible for this cost? My neighbour or the water work company as I have been asked to approach my insurance as well but still waiting insurance reply.
  11. The General Form of Judgement or Order of the 28th March 2022, Marked Simeon1964 as Defendant. He can not be translated to mean otherwise. I want to believe that the court process has moved on from Simeon1964 being counter-claimant. I can still do the letter if desirable, I have till 23rd May.
  12. No I have not. I was expecting more people to chip in more opinion
  13. Do I have alternatives? I believe the next stage should be witness statement progressing into trial. This man has delayed the process in taking this matter into set aside and now that we are back to beginning, to be given months for settlement is worrisome. My personal effect are still in the shed and storage. The condition to which the builder let my abode is not improving the state of my health and my finances is suffering. The builder may be playing with time to allow him sell his house or planning to make recovery difficult for me if the case goes against him. How do I protect this happening.
  14. received this .. 2022-03-21 General form of judgement or Order.pdf
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