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simeon1964

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  1. Don't know the answer to this one, Andyorch. cant remember. Claimant's solicitor was not helping either when I asked last week.
  2. These are all copies of correspondence to the claimant Letters sent aut 2020Cag.pdf
  3. There was no money issues between us as I always gave money when he asked and he did ask in accordance with the contract agreement, when he went out of contract agreement was when he was begging to want to pay staff on Project2, I was not happy but had sympathy. I was not happy that he slapped the cheques in my face but i didn't get upset because I wanted him to finish his work. Relationship never broke down as such, he wanted more money than I gave him because he never complete the work and trying to want payment, but he didn't know how to go about it, and this frustrate him i believe. I would say i noticed his discomfort with me around the 18/09/2020. I am looking for Quantity surveyor to assess the cost of restoration of the uncompleted work. Dont know how soon i can get this done but I am racing.
  4. Thank you didn't understand all that before. I had to order for this order today by phone to come through my email. cost me tenner and a bit
  5. I am sorry to say that I didn't remember everything at the hearing . It was too much for me. First it was announced that it will be criminal offence to record and when the Judge started to give the orders i didn't remember to write things down. I have read my old defence, needs tidy up. I think we should go by the orders say. I Wonder if I can amend the defence or ask the court in an application?
  6. Sorry, Is it possible to ask the court for an extension? I see that I still need to do more on this, i.e supporting the claim
  7. Possible to ask court for Extension of time the claimant solicitor not responding to it. He was asking why I didn't reply his previous mail. CAg Order TenJan.pdf
  8. Yes I do have evidence that he has not finished the work and letters of protestation to come and finished and there occasion he flooded my house my central heating broke down and let me in the cold for almost a week. Just too much to say. 21september was snagging list and this again was updated on the 26 when the errand boy came. I probably would need a quantity surveyor to come and evaluate the unfinished project.
  9. MTFDAVE: Sorry mixed up with Paragraphs 30&31 regarding health issues. This is only if this is applicable this my inclusion and part from the initial D/c 26/10/2020 to 12/01/2021. The last i heard was 26/10/2020 and November I went for my surgery to come back 12/01/2021 (3.)The total agreed fee for both Project1&2 were £4,300 and £2,580 respectively totalling £6,880.00 of which £4366.33 was paid to the claimant. I not liable to pay the £2513.00 from the agreed fee, neither I am I to pay £2800.00, £2866.66 which claimant wrongly filed (4) Claimant started project 2 on the 07/09/2020
  10. This applies to paragraph 31 as well. Not that I a have full understanding of the meaning.
  11. (14) The structural Engineer visited to give instruction, that Piling, is required and the builder didn't have tools for it . He suggested hiring the tool for it. £3000.00 was paid between 20th and 24 September 2020 The defendant paid it.
  12. This paragraph 30 is from old Defence counterclaim, just copied directly onto the new D/C will check the relevance because the paragraphs have now changed a lot.
  13. Yes I do want the grammar to get sorted. There was overlap between my last post and yours. Some of the questions you asked from your post was contained in my last post. I sent that as full detail for now.
  14. 1. In this Defence: a. References to the paragraph numbers are in reference to the paragraphs in the Particulars of Claim issued on the 25 February 2021. b. A matter that is not admitted is a matter which the defendant is unable to admit or deny and requires the claimant to prove. c. The defendant adopts where appropriate the abbreviations and terms in the Particulars of Claim for convenience only and without making any admissions thereby. 2. The defendant admits paragraph 3.1 of the claimants claim. 3. The defendant denies paragraph 3.2 of the claimants claim. (I believe is confused with the term underpinning)The true agreement between the parties involved the defendant and claimant agreeing that the claimant would undertake building work at the defendant’s property in relation to 3 specific areas. These were; and named Project 1. Contract agreement attached exh1 a. To underpin the bay window at the property, b. To repair a previously removed chimney breast and, c. To install a new beam to the patio door 4. The claimant was also engaged weeks after the above contract, (Project 1) began. Additional work was agreed on the 07/09/2020 for total amount of £2,580.00, this was called project 2. The terms of which is later explained in this defence and counterclaim. The contract agreement attached Exh.2 5. In relation to the two projects and the above agreement it was agreed between the parties to be carried out under the instructions of a structural engineer engaged by the defendant. It was agreed between the parties that the claimants work would be as a result of instructions received following the structural engineers assessment of the work be carried out at the property. 6. Sometimes in June 2020 the defendant provided the claimant with a full copy of the structural engineer’s drawings and report on his first visit to evaluate the work which detailed instructions to the claimant on the works to be carried out. 7. It was agreed between the parties that the works on project-1, would commence on 13 August 2020. 8. It was agreed between the parties that the total sum for the completion of all the claimant’s work for project 1 would be £4300. 9. It was agreed between the parties that the claimant’s fees for project-1 would be paid through three instalment payments. The first payment would be made on the start of the claimants work. The second payment would be paid at the halfway point of the claimants work. The final payment would be made on completion of the project. As such three payments were to be made each of £1,433.33. 10. The builder arrived at arrived at work 2pm 13/08/2020 when a contract agreement was drawn up. A cheque was issued on the day. The claimant worked for two hours, the following day was Friday, he came in at 2pm-4pm and don’t work weekends 11. On the 24th August the builder approached me to book appointment with the building inspector to inspect his work as the work was getting midway and that he would need mid-way agreement money, I obliged and second cheque was issued. This was barely two weeks of work about 25hrs of work time on the property, attached is my diary of claimant’s work period. The appointment for building inspector was confirmed with building control and builder was informed. 12. The building inspector showed up and the claimant having promised to be there was absent. “But he knew I was coming asked the inspector” while the inspector went about inspection of the builder’s work and making comment in anger and others comment that were alien to me, I knew I would not be able to translate all the information to the builder so I called the builder to speak to the inspector. All I heard from the inspector were “Do you know what you are doing, repeatedly, “why are you not here, you know I was coming?” followed by describing the process of doing the work to the claimant. After the conversation with the builder the inspector asked defendant for writing pad and explained the process of the job which was passed to the claimant. The building inspector promised to contact the structural engineer with his findings, who will contact us.(claimant and defendant) 13. The builder came late that afternoon and I handed him the paperwork given by the building inspector and the builder assured me he would sort it out, that he now had an idea what to do, I responded that the inspector would communicate with the structural engineer who will be contacting us of what to do next. 14. The structural engineer visited the site and recommended piling to complete the underpinning with full detail of the operation to both of us, the builder then says that he has not got the tools for the job. “But you can hire it most people do.” There was no answer. The structural engineer then introduced another tradesman who was able to do it for £3,000.00. While we were negotiating the claimant had asked me to ask the operator for discount. The underpinning was completed and I paid the tradesman for the piling. 15. I then turned to the claimant after payment that you are now £3,000.00 in deficit but we will sort this out after the rest of the claimant’s work is complete. 16. About the first week in 2nd September he asked for more work to cover his losses having paid the £3,000.00 for underpinning to another tradesman, reference Para 4, I did and I asked him to price the job so that we can agree the job. His quotes were outrageous, little did he know that I have had quotes from other people and the internet. e.g quoting me £1,800 pounds to plaster 3 rooms as against another plasterer for £850.00. When I showed him of Mr. Jones’s quote who is a plasterer, the claimant was not shocked/surprised, I told him that, because you are already on site, I will pay you £900.00 as final and he accepted. See attached builder quote in his hand writing for Project 2 17. For this reasons the builder was able to get the second contract from me for the amount of £2,580.00 signed 07/09/2020 which I called Project 2, being, I believe the only way I can compromise the £3,000.00 already paid to the tradesman for the work he was to do. Again the contract agreement was identical to the initial contract for (Project 1) Para.4 D/counterclaim. 18. Both the initial project 1 and project 2 started to go pear shape and I made several complaint to the claimant to address it but I didn’t pressure him and my wife started complaining about the pointing around his job. His response was all it needed was a good wash down and this bad pointing remains same to date and never washed down 19. Around the 15th/16th Sept 2020 barely a week the builder got project 2 job, the claimant was trying to ask for money on project 2 to which I told him “No” in the present of my wife, I told the claimant no payment till work is complete because he has not finished nor completed his work, he has £3,000.00 deficit he has to paid back, and that we have not sorted the arrangement of the payment. The builder then started to be friendly or patronising by speaking in cockney to us, (east London accent) to which my wife responded that “we may have come from London but we don’t speak like that. If you want money say it in plain English.” He then pleaded that he would like to pay his staff and would need £2,000.00. I responded to say that that’s taking nearly all the money before the project is finished, when you are not even halfway of your job. The claimant pleaded and promised to tidy all the snagging up. For this reason I promised to give him £2,000.00 the next day, to which he replies, No No, it does have to be straight away, No rush “Friday will be ok. 20. Friday the 18/09/2020 I handed a Cheque for £2,000.00 to the Builder, but to my surprise, the builder who had been polite and respectful to me, insulted me and threw the cheque in my face. When I asked why? “but that’s what you asked for?” What am I going to do with the bloody cheque,” he replied, but your last two payments were cheques? I want cash I will take you to the bank. I was gobsmacked, to which I said I am new in this area I do not know any bank, and its Covid19 period it will have to be Monday if you wanted cash, as my wife was waiting and we were going for lunch, we had to come back to give you this cheque in the middle of our lunch. I went back into the vehicle as started to move, the Builder held on to the frame of the passenger car where my wife was siting and was shouting on the street in anger. I then stopped the car and asked him to come inside the house to resolve the issue, he declined in anger and I then decided that I will go and look for a bank to draw him the money and to meet me back at the house in an hour. I drove 10-12miles to find a bank and drew £1500.00 short of £500.00 I originally wrote on the cheque. I quickly rushed through the contract as I don’t usually do under the steam of pressure, and because of this and the stressful state of my wife I wrote contract agreed as £2,800.00 instead of £2,580.00, but the balance at completion tells the story which was £1080 indicated at bottom of the payment note. 21. We both signed the payment note, the builder was gone and my wife and I decided to go and continue our lunch when we came back we saw the builder and his mate on my CCTV camera carrying away with my steel beam that came off lintel patio door. When I rang him that I saw him on CCTV. He admitted and I told him he must bring it back as he has not done so, I reported him to structural engineer who said he would speak to him. I have now included the cost of the pair of the steel beam in my schedule of loss. Exh.. He charged me for work to which he stole my material to do the work without refund for the material used. This was the beginning of my dissatisfaction with the builder. The 18/09/2020 22. On the 21/09/2020 I highlighted and sent snagging list to the builder a copy I gave to him and sent copy to his email. I believed him when he said he will sort out the snagging list and do a good job but later I realised that he had different agenda. The claimant attitude to do my work waned. On the 26/10/2020, he sent somebody to my house to clean up all plaster damage to the wall and living room laminated flooring almost four weeks since he last worked on the house and took his last payment of £1,500.00. This errand boy of the claimant made a mess of the job. I then updated the snagging list gave a copy to his errand boy who was doing the cleaning to give to him and emailed him a copy and sent copies by post. 23. The next contact with the builder was when I came back from the Hospital on the 12/01/2020 when I saw a note in the door demanding £2,800.00 to which I immediately responded in my letter dated 17/01/2021 for him to explain how I owe the amount so that I can deal with his claim. As I have no response from him on the 05/02/2021 I sent him a recorded delivery pre action notice. 24. The builder then acknowledged my pre-action letter only to send me notice to pay £2,866 by 26/02/2021 otherwise he would take me to court. I therefore waited for his court claim to defend and counterclaim. The claimant is confused, first it was £2,800.00 in his undated note, of 12/01/2021, then £2866.66 in his claim, when the disputed outstanding balance was £2,501.00. 25. The builder court notice arrived and this was the beginning of assessing the cost of the damaged, damages and uncompleted work of the claimant, by inviting the tradesmen to come to the property to assess and give me quotes. More information was also sorted from the internet. Where I have not been able to get accurate figure or tradesmen to give me a quote I have left it as blank or TBA (to be assessed).on my schedule of loss, attached to this statement. 26. The total agreed fee for both Project1&2 were £4,300 and £2,580 respectively totalling £6,880.00 of which £4366.33 was paid to the claimant. I not liable to pay the £2513.00 from the agreed fee, neither I am I to pay £2,800.00, £2,866.66 which wrongly filed, because the claimant (a) did not complete the agreed work, (b) I had to pay somebody else to do the work for £3,462.12 (c) the claimant also damaged my property" Counterclaim 27. The claimant damaged my property and left the contract uncompleted, I'm claiming £13,095.12 damages, stolen items and £3,462.12 (£3,000.00 underpinning+£462.12 for rubble truck receipt att.). Totalling, £16,577.12 28. The defendant also claim loss of rental income to date on the spare rooms and aggravated stress, living with rodent resulting from defendant creating opening on the floor of the living room making the house completely un inhabitable environment surrounded by exposed electrical cable which were tampered with during course of plastering the rooms. See att. Doc 29. The Defendant repeats paragraphs 1 to 13 above. 30. By reasons of those matters the defendant has suffered a financial loss detailed in paragraphs 11 and 12 and the attach schedule of loss. Decline health as a result of the state of the property. PARTICULARS OF LOSS Remedial works & paid services £16577.12 Stress loss of rental income, aggravated damages (TBA) TOTAL £16577.12 31. The Defendant therefore counterclaims from the claimant damages in respect of the above. 32. The Defendant claims interest pursuant to section 69 of the County Courts act 1984 on damages awarded at such rates and for such periods as the courts think fit. AND THE DEFENDANT COUNTERCLAIMS: (a) Damages under paragraph 17 above (b) Interest on the paragraphs 18 above.
  15. There have been instances where the court asks for substantial amount of money to be deposited to the court as security against losing the case, can this be applicable in this situation of mine?
  16. What about leaving cash deposit of at least half sum of the claim should he loses.
  17. I suggested to my previous solicitor to ask the court for security against my counterclaim or put charge on his house if he was to to go for set aside, he kind of dismissed it. What are your opinion on this?
  18. The new defence more" 1. In this Defence: a. References to the paragraph numbers are in reference to the paragraphs in the Particulars of Claim issued on the 25 February 2021. b. A matter that is not admitted is a matter which the defendant is unable to admit or deny and requires the claimant to prove. c. The defendant adopts where appropriate the abbreviations and terms in the Particulars of Claim for convenience only and without making any admissions thereby. 2. The defendant admits paragraph 3.1 of the claimants claim. 3. The defendant denies paragraph 3.2 of the claimants claim. The true agreement between the parties involved the defendant and claimant agreeing that the claimant would undertake building work at the defendant’s property in relation to 3 specific areas. These were; and named Project 1 a. To underpin the bay window at the property, b. To repair a previously removed chimney breast and, c. To install a new beam to the patio door 4. During the process of the contract agreement above the claimant was also engaged on further work to do the attached on the 07/09/2020 for total amount of £2,580.00 called project 2. 5. In relation to the installation of a new beam and the above this work was agreed between the parties to be carried out under the instructions of a structural engineer engaged by the defendant. It was agreed between the parties that the claimants work would be as a result of instructions received following the structural engineers assessment of the property. 6. Between June and July 2020 the defendant provided the claimant with a full copy of the structural engineers report which detailed instructions to the claimant on the works to be carried out. 7. It was agreed between the parties that the works would commence on 13 August 2020. 8. It was agreed between the parties that the total sum for the completion of all the claimants work would be £4300 called project 1 9. It was agreed between the parties that the claimant’s fees for the work would be paid through three instalment payments. The first payment would be made on the start of the claimants work. The second payment would be paid at the halfway point of the claimants work. The final payment would be made on completion of the total works. As such three payments were to be made each of £1433.33. 10. The builder arrived at arrived at work 2pm 13/08/2020 when a contract agreement was drawn up. A cheque was issued on the day and worked for two hours, the following day was Friday, he came in at 2pm don’t work weekends 11. On the 24th August the builder approached me to book appointment with the building inspector to inspect his work as the work was getting midway and that he would need mid-way agreement money, I obliged and second cheque was issued. This was barely two weeks of work about 25hrs of work time in the property, attached is my diary of his work. Appointment confirmed with building control and builder informed 12. The building inspector showed up and the builder having promised to be there was absent. “But he knew I was coming,” while the inspector went about inspection of the builder’s work and making comment in anger and others comment that were alien to me, I knew I would not be able to translate all the information to the builder so I called the builder and pass the phone to the Building inspector. All I was hearing from the inspector were “Do you know what you are doing, repeatedly, “why are you not here you know I was coming?” followed by describing the mode of doing the work to him. After the conversation with the builder he then asked me for a paper and he started to explain the process which I think might be useful to the builder when came. The building inspector then said he will be getting in touch with the structural engineer with his findings and I should hear from Engineer soon. 13. The builder came late that afternoon and I handed him the paperwork given by the building inspector and the builder assured me he would sort it out, that he now had an idea how to go about it, to which I said the inspector would communicate with the structural engineer who will be contacting us so wait and he agreed. 14. The structural engineer visited and recommended piling to complete the underpinning with full detail of the operation to both of us, the builder then says that he has not got the tools for that. “But you can hire it most people do.” There was no answer. The structural engineer then introduced another tradesman who was able to do it for £3,000.00 and I paid the tradesman for the piling. 15. I then turned to my builder after payment that you are now £3,000.00 in deficit but we will sort this out after the rest of the work is complete. 16. About the first week in 2nd September he asked for more work to cover his losses having paid the £3,000.00 for underpinning to another tradesman, I did and I asked him to price the job so that we can agree the job. His quotes were outrageous, little did he know that I have had quotes from other people and the internet. e.g quoting me £1800 pounds to plaster 3 room as against another plasterer for £850.00. When I showed him Mr. Jones who is a plasterer quote, he was not shocked, I told him that, because you are on site I will pay you £900.00 final and he accepted. See attached builder quote for Project 2 17. For this reasons the builder was able to get the second contract from me for the amount of £2,580.00 signed 07/09/2020 which I called Project 2, being, I believe the only way I can compromise the £3,000.00 paid to the tradesman. Again the contract agreement was identical to the initial contract for £4,300.00 (Project 1) 18. Both the initial project 1 and project 2 started to go pear shape and I made several complaint to him to address it but didn’t pressure him and my wife started complaining about the pointing around his job. His response to my wife was all it needed was a good wash down and this bad pointing remains so to date not washed. 19. Around the 15th/16th Sept 2020 barely a week the builder got project 2 job, was trying to ask for money on project 2 to which I told him “No” in the present of my wife I told he cannot get any payment till work is complete because he has not finished not completed his work, he has £3,000.00 deficit he has to pay me, we have not sorted the arrangement of payment. The builder then started to be friendly or patronising by speaking in cockney to us, in east London accent to which my wife responded that “we may have come from London but we don’t speak like that. If you want money say it in plain English.” He then pleased that he would like to pay his staff and would need £2000.00. I responded to say that that’s taking nearly all the money when you are not even halfway of your job. He pleaded and promised to tidy all the snagging up. For this reason I promised to give him £2000.00 tomorrow to which he replies, No, it does have to be straight away, No rush “Friday will be ok. 20. Friday the 18/09/2020 I handed a Cheque for £2,000.00 to the Builder and to my surprise, the builder who had been polite and respectful to me, threw the cheque in my face. When I asked why? “but that’s what you asked for?” What am I going to do with the bloody cheque,” but your last two payments were cheques? I want cash I will take you to the bank. I was gobsmacked, to which said I am new in this area I do not know any bank, its Covid19 period it will have to be Monday if you wanted cash, as my wife was waiting and we were going for our lunch, we had to come back to give this cheque in the middle of our lunch. I then went back into the vehicle as started to move, the Builder held on to the frame of the passenger car where my wife was siting and was shouting on the street in anger. I then stopped the car and asked him to come inside the house to resolve the issue, he declined in anger and I then decided that I will go and look for a bank to draw him the money and to meet me back at the house in an hour. I drove 10-12miles to find a bank and drew £1500.00 short of £500.00 I originally wrote on the cheque. I quickly rushed through the contract as I don’t usually do under the steam of pressure, and because of this and the stressful state of my wife I wrote contract agreed as £2,800.00 instead of £2,580.00, but the balance at completion tells the story which was £1080 indicated at bottom. 21. We both signed the contract, the builder was gone and my wife and I then decided to go and continue our lunch when we came back we saw the builder and his mate on my CCTV camera walking away with my steel beam that came off lintel. When I rang him that I saw him on CCTV. He admitted and I told him he must bring it back as he has not done so, I reported him to structural engineer who said he would speak to him. I have now included the cost of the pair of the steel beam in my schedule of loss. He charged me for work to which he stole my material to do the work without refund for the material used. This was the beginning of my dissatisfaction with the builder. The 18/09/2020 22. On the 21/09/2020 I highlighted and sent snagging list to the builder a copy I gave to him and sent copy to his email. I believed in his response to sort out the snagging list and do a good job but later realised that his he had different agenda and attitude to do my work waned. On the 26/10/2020, he sent somebody to my house to clean up plaster damage to the wall and living room laminated flooring almost four weeks since he last worked on the house and took his last payment of £1500.00, this errand made a mess of the job. I then updated snagging list gave a copy to his errand boy who was doing the cleaning to give to him and emailed him a copy and sent copies by post to his address. 23. The next contact with the builder was when I came back from the Hospital on the 12/01/2020 when I saw a note in the door demanding £2,800.00 to which I immediately responded in my letter dated 17/01/2021 for him to explain how I owe the amount so that I can deal with his claim. As I have no response from him on the 05/02/2021 I sent him a recorded delivery pre action notice. 24. The builder then acknowledged my pre-action by send me notice to pay pay £2,866 by 26/02/2021 otherwise he would take me to court. I therefore waited for his court claim to defend and counterclaim. 25. The builder court notice arrived and this was the beginning of assessing the cost of the damages and uncompleted work of the builders, by inviting the tradesmen to come to the property to assess and give me quotes. More information was also sorted from the internet. Where I am not able to get accurate or tradesmen to give me a quote I have left it as blank or TBA (to be assessed).on my schedule of loss, attached to this statement. Counterclaim 26. The Defendant repeats paragraphs 1 to 13 above. 27. By reasons of those matters the defendant has suffered a financial loss detailed in paragraphs 11 and 12 and the attach schedule of loss. PARTICULARS OF LOSS Remedial works £16577.12
  19. I was suggesting to my previous solicitor to ask the court for security against my counterclaim or put charge on his house if he was to to go for set aside, he kind of dismissed it.
  20. I remember the former saying that i should wait till we go to court before I get a surveyor to give assessment of the damage and that the judge might say both parties would pay for the cost, But am not very clear on this.
  21. Does this mean that the cost to be paid by both parties if confirmed
  22. I have written the defence and counterclaim myself with the help of a legal friend and quickly submitted it to meet deadline as have serious health issues at the time. I contacted my former solicitor there after. All he did was dealt with the allocation questionnaire and since the claimant didn't defend it, bingo. Nothing much in my file apart from allocation questionnaire and all the papers he generated etc, phone, letter, seek judgement . Secondly on N149A the former Solicitor had asked for written Expert Evidence being surveyor/ contractor. and he writes : " Cost=TBC" (Dont know what that is? Yes, I am trying other help as well, only that the covid19 making things more difficult and time is not really on my side.
  23. Manxman in exile, will do and also chase the building inspector Filed counterclaim help fewphoto.pdf
  24. Had flaws in my defence and counterclaim caused Judgement set aside: 1. Not properly Particularised defence and counterclaim: 2.To indicate negligence and breaches of contract 3. Expert opinion the complete response to the in 10days help Both Prev CD2022.pdf
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