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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 defenda
  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 tha
  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 a
  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 compl
  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 h
  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 t
  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 e
  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, fo
  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 citize
  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.
  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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