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mcgu6240

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About mcgu6240

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  1. Hi I recently took 2 people to summary cause court and won and we represented ourselves on both occasions. On one of those occasions the Defender hired a very expensive lawyer. I sympathize with your uncertainty, as you are taking a risk, but for me it was all about the preparation and, of course being very certain of your case. The costs are decided on by the court, so although if we had lost we would have been liable to pay towards his legal fees, I had to assume that we wouldn't have to pay every penny of them as he didn't have to have a £250 an hour lawyer! But the rules appear to be a
  2. Sorry SFUp I thought I had responded to you at length but I must have clicked on the wrong button. Arghh! What I wanted to say that we would probably be seen to be having more than 'one bite at the cherry', as we paid in 3x £5k installments all relating to the one contract for Project Management duties. We can't leave things at getting 5k from them as their negligence cost us 10s of thousands and now we have seen their defence to our claim that they did not undertake the duties for which they were paid- absolutely pitiful even with their fancy lawyer, we feel we need to go after a more sizeabl
  3. *UPDATE* We eventually went for a pre hearing to the sheriff court and the defendant's lawyer had not produced any defences. Despite our protests and objections, the Sheriff would not allow the decree in our favour, but offered us a delay- not acceptable. So we agreed to go ahead on the date set. After receiving absolutely astonishingly bad submissions from their side, the day before we were due to go to court for the full proof hearing, I received an email from their lawyer wanting to settle for the full amount. At first they wanted us to agree a condition that we would not pursue any furth
  4. Beginning to loose patience with the judicial system. For 3 years now I have been trying to get some of our money back from a cowboy builder. We won a summary claim in a Scottish court and are now having to serve the judgement through the welsh courts as he moved there recently. So far so complicated. Once we have served this and hopefully get the money owed, we want to take him to court again for VAT he charged us as the project was self build and HMRC say we have to pursue him for the money owed and he is not being at all helpful. We have other claims waiting. What is the proper jurisdiction
  5. Thanks Buzby. We have not done anything with this yet as we have been caught up in pursuing a decree for payment against the builder involved who has now moved to Wales. I can't even begin to tell you how complicated this has been and we still haven't got the money!! Anyway we will submit the paperwork as suggested as it has now been a month since the defender had to submit defences and I think we have been reasonable. What would not be reasonable in our view, is if we get something just before Christmas and we are in court on 7 January and we do not have as much time as we should have been
  6. Thanks once again- it is a summary cause action-from 3k to 5k. We are claiming the maximum.
  7. Thank so much seriously fedup- this is very helpful. I think we will go ahead as you suggest. We should at least be able to have their defence in good time to allow us to counter it. Even having been through this process before with the builder and winning, I am getting so disillusioned with it as it is such a minefield. We will do all this and what the defender's lawyer will do is probably get a quick initial defence in- as they will be able to add other papers, statements etc up until a few weeks before. But I am gong ahead anyway. Can I ask one more question- given they have a fancy e
  8. Sorry should have said that the sheriff agreed with us that it was IRRELEVANT - apologies for any confusion caused.
  9. Hi not sure if this is the correct bit of the forum as it concerns a general consumer issue but is set in Scotland.We have taken our Project Manager's wife to the summary claims court (she owned the Design company) for breach of contract.The Design company's negligence cost us 10s of thousands but we can't afford a lawyer to sue for the full amount so we are claiming back the maximum allowed through the Summary cause route in relation to an invoice for PM work. Anyway we have had the initial hearing and a date has been set for proof. The wife has a highly paid lawyer who tried to get the case
  10. Well if all that is needed is someone's word against yours then the execution of this bylaw should not to be tolerated. I hate litter and often chastise people in the street who throw it about. But I hate a big brother society even more. There are wardens round here, as we live next to a school, who have tried to fine young people, but found out very quickly it was a waste of time as they legally can't enforce the fine due to their age.My son's friend was given an on the spot fine for breach of the peace, who is a lovely young man, but was fined for hanging with his mates. He lives with hi
  11. Thanks 42man. Can i ask what a charge order is and if it applies in Scotland. The house is currently under offer will this make a difference?
  12. Hi I hope I have this in the right place. We have taken our builder to the summary claims court in Scotland. The initial hearing was last week to hear if the case should proceed to proof. The Sheriff stated that the builder had 14 days to produce a defence as his only defence for the mess he made of our roof was that 'he didn't mean it'. The proof hearing is fixed for the 9 September. We have 3 professional reports which describe the mess that was found, and how in their opinion the roof had to be removed and replaced. We did this and other remedial work to our new build home costing us @£
  13. Kraken1 do you really need to be so judgmental and personal. This OP appears really desperate to me and to make judgments on their character- from a few postings- really isn't in the spirit of this site- or so I believed. I understand your frustration because you felt your advice was not always taken on board but I think the OP was responding with candor and honesty. And no wonder they are coming across as negative-I would in his position! It is a scandal in the 21st century that people with children cannot get decent affordable social housing. This is not the fault of the poster this is th
  14. I should also have said that in many areas (not mine) there are Citizen Advice Bureaux who help people through the small claims process so check this out. Some courts have this service in house. Also if you are in a university town - and there is a law school they may have pro bono services. And check your house insurance some policies will cover you for legal fees.
  15. I don't know how much practical help I can offer, but as someone who has gone through - and still going through - the stress of cowboy builders I would at least like to offer support. Our cowboy cost us in excess of £70k and counting as ours was a new build. There was no chance that we could afford to take him to court for the full amount as the legal costs would have completely crippled us. However for my sanity I decided to fight back. Oh and Trading Standards- completely useless - well in my area anyway. I am taking the builder to court for £5k - to begin with - and doing it through su
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