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Everything posted by simeon1964

  1. 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
  2. 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. “
  3. 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.
  4. Can an unpaid judgment creditor use garnishee to access part or all of a judgment debtor’s pension.
  5. 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.
  6. 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?
  7. 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
  8. The claimant's Solicitors: " I have been instructed to offer a settlement on a drop hands basis with both parties bearing their own costs."
  9. 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.
  10. 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.
  11. No I have not. I was expecting more people to chip in more opinion
  12. 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.
  13. received this .. 2022-03-21 General form of judgement or Order.pdf
  14. This is no big deal. Just between the solicitor and myself. Only the judge decides the outcome of any case, besides this is unconnected matter to the case.
  15. "The copy of particularised counterclaim was what I sent you and you are sending yet again unconnected materials different to the court direction and failed to acknowledged its receipt. Below is my response to your harassment and bullying: I refer to the excessive number of phone calls and text messages that you have recently been complaining about if ever there was any phone calls or texts, as my first contact with you was 13th of December 2021 on a recorded delivery letter dated the 9th December. Because you did not get replies from these unsubstantiated phone calls and texts you declined to agree with me to ask the court for an extension to file papers to the court, knowing that as litigant, which was what you were pleading for your client on a set-aside application and which the court granted you but you denied me your approval to ask the court for an extension. The few days before the recent set-aside hearing, most of allegation and complains do not appear to be directly connected to the dispute between your client and myself, but to unsettle a litigant. I would like to remind you that as a litigant in person I am already at a disadvantage in this matter, and that I consider your conduct in bombarding and harassing me with telephone and texts that are only tenuously connected to the dispute at hand to be an attempt to further disadvantage me unfairly, and to be in potential breach of sections 1.2 and 1.4 of the Code of Conduct for Solicitors. (Those sections impose a duty of fairness on solicitors in dealings with both their clients and others). If you do not cease these messages which seem to be solely intended to bully and intimidate me, I shall have no hesitation in complaining to the Solicitors Regulation Authority and put the court on notice about your behaviour. I do of course remain willing to engage with you on behalf of your client in any genuine attempt by you both to resolve this matter amicably. Your billing department appears to have sent me a copy of a bill intended for your client. This seems rather unprofessional to me and I would have thought might even be a breach of client confidentiality. You may wish to speak to them." and to remind you well that you were cautioned by the court about this. His reply today on a Sunday night: “Dear Sir Please immediately destroy the bill that was sent in error. I will notify our Client. I will respond to you substantively in relation to your email in due course.
  16. The condition and the state of my living is very depressing, almost two years since I moved in and almost 18 months since the builder started his unfinished repair that he self-terminated in October 2020. I am living in depressing state as I cannot progress further repairs, because of the pending litigation. My finances to carry on is completely affected as I was intending to rent spare rooms from my three bedrooms property when work is complete. Should I now touch the “crime scene” carry on with my life, or wait till the case is over or get an assessor, survey to attest the cost repairs and damage before any repair. This case might leave me penniless and make me more unwell and never be able to get my money back even if I win this case.
  17. If you are helping to better resolve my problems, i feel no-way about it. You mentioned previous threads before, by all means do, if it fixes a the puzzles. I do not see any reason why any of my previous threads should prevent your involvement in this one. Every case is different, this is different. If there is anything you want to know do ask me. Sometime trouble comes to you without seeking one. This is typical example.
  18. Absolutely yes. Moaning about texts and phone calls. When he wrote I responded within 14days.
  19. I will not. Here is what he says " In advance of the hearing, please can you explain why between 26 November and 16 December you ignored 4 text messages and 2 telephone calls which were expressed as urgent in respect of the enforcement action you commenced. I look forward to hearing from you." Sent 05/01/2022 I do not know why I should engage in telephone conversation and texts with claimant's solicitor when he could have written me. When he did write I responded immediately.
  20. But I previously asked him to agree with me to extend the deadline and send me copy of the order of the 10 Jan. because I didn't remember all the details, he declined by sending email to answer his question first, probably surprised that I met the deadline.
  21. I did not, neither have I responded to him on that matter and the matter, he wanted me to explain why I have not responded to his texts and phone calls. After sending him copies of the Particularised counterclaim on Monday, he replies " I have asked you the same question several times. Please can you urgently respond." This is how far I have gone with him. I have not responded to that as as well, I am thinking of how to go about it, if ever he's going to get my response.
  22. ManxmaniE/FTMdave. you are both amazing thank you. Sorry if am a little bit. You are the best.. Can only hope for the best.
  23. Can i just put I am claiming 16k being cost to repairs of damaged and unfinished work to mu property
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