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maggipsych

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About maggipsych

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  1. Hello Just general info please. I took a builder to court. won the case (!) told by the judge that I had to pay some of his court costs. I was not then (October 2018) nor now, able to pay these costs. Both the defendants solicitors and the court were informed that I was unable to pay these costs. I did not pay any court fees throughout the proceedings. The last written information dealing with this was at the beginning of November 2018 where I confirmed that the position had not changed, I was unable to pay the court costs. i heard nothing further from either the Court or the defendants Solicitors. Last friday afternoon, the 25th January, I received a telephone call from a woman asking me why I had not paid the outstanding costs. I re-iterated what had been said before, and she responded with saying that the bailiffs would need to be brought in. My response was that if that was the case then that is what must happen. Today I received a letter from the same woman again,literally stating in writing what she said on the 'phone. The woman describes herself as a Credit Controller. The address she is using is the address of the builders that i took to court, which is a house not the business premisies as such. Not headed notepaper, just plain A4. It says that they are willing to accept some form of payment plan. The Credit Controller is a friend of the Directors - I found this out through Linkedin - I do not know her at all. There does not seem to be anything "official" at all. My situation remains the same in that I am on state pension, and pension credit. Savings are approx. £240. Any thoughts on my next move, if any, would be appreciated. many thanks
  2. initially the builder denied that the fault, if there was one, was not caused (happened) because of them. Was proved that there was a fault, not the drain but a sealant. They had, the whole way through not accepted that the problem was of their making. After surveyors report they then agreed that they would hire a contractor to repair, they would pay their own costs, and we just walk away! I said that I was unhappy that the builder wanted to nominate another builder for obvious reaasons. Surveyor suggested getting three estimates and he would have been happy to oversee (the surveyor that is). I asked for my costs (£1000), and damages of £8250. No more additions and the repairs would come out of that money.It was 1613 days since the first leak to the court date. So being in Court was literally just to finalise because the case had been proved. Does that make me a loser!
  3. Hi. I dint mention the electrical work . new fittings were installed hence the compliance certificate but i didnt know any of that at the time so it would not, and was not brought up. Actually I wasn't allowed to say much at all, but really never strayed from the leaky bathroom and ensuing damage to the floor below! But please look at what happened today.
  4. Well, here I am! An interesting but odd day. The Judge found in my favour that there s clearly a leak, as proved by a survgeyor, and all was as I had described I have won the case (if that is the right terminology. The Judge said that I, as the claimant, had won the case. However, I have to pay £4006.00 by the 8the November towards the defendant's costs of around £12,000 and odd! The defendant is also able to claim back approx £2,000 from VAT (?). The possible repair bill for the bathroom itself, recommended by the surveyor, should be around the £590 mark, but he did add that the entire floor section may need to come out so would cost more. Damage to the kitchen ceiling also mentioned by the surveyor, would not be covered because there was nothing to prove there was damage! so the allowance was approximately £600 for the fault in the bathroom. My costs involving time, paper, printing, postage, telephone were not taken into consideration at all. The £600 I paid - my half payment to the surveyor was also not taken into consideration. The costs I have to pay was originally £4606 but the £600 allowed for the bathroom was deducted so i only have to pay the said £4006. Therefore, i paid £24,000 for work to be done in the property. I paid £600 for a surveyor. I now have to pay an additional £4006 to the defendant's costs. I still have aleaky bathroom (the Judge said that he allowed for that in the deduction!), a damaged ceiling and a huge amount of disappointment. It was all a bit bizarre and surreal. I have no more words at the moment apart from thank you so much to everyone who has been so very supportive on this site. I need to think - but not tonight! Thank you all so much
  5. 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.
  6. 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.
  7. 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.
  8. 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!
  9. 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.
  10. 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!
  11. 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.
  12. 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!
  13. 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.
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