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MrBigglesworth

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About MrBigglesworth

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  1. Hi all, Just to follow up, I spoke to the builder just before going into court (just outside the courtroom!) and he admitted fault and agreed to finish the work at no extra cost. True to his word he finished the job and its now all sorted. Both relived and disappointed that I didnt have to go through the court hassle (would have been an experience!) Mega-faff to get there, but its done. Thanks for all your help.
  2. Thats why I would have thought that the court would have required a translator, otherwise things could be lost in translation (or made up). So do I need a translator, or can I do it myself?
  3. Thanks Ganymede. I can translate it myself, thats no problem. The witness probably does not need to come to court, I think a witness statement should be enough (I have plenty of other evidence!) Unless I am missing a trick, I can use a witness statement (i.e. just a bit of paper) as evidence, no need for the witness to attend (although I understand this may have more "weight" as evidence)?
  4. Hi, If I want to disclose / use a witness statement from a non-english speaker, do I (or can I) need to translate it myself (I can speak this language fluently), or do I need to submit the statement in a foreign language, and the court has to translate? Will the court then send the statement translated to the defendant? Thanks
  5. Thanks Wonky. I have a mediation meeting next month, and the hearing will be the month after. I've got most of my evidence ready (not disclosing it until the last minute and I've seen his, if he even has any!). I'm also waiting for the courts for directions on how to do the expert witness report. I'm hoping as its a simple structure I can ask for a reputable local builder (happy for the court to choose) to provide a summary, rather than a full blown survey worth more than the claim (common sense). I'm hoping the judge will aply common sense with regards to the sabbotage defence, as w
  6. Hi all, Sorry, quick question, if something was omitted from the defence and then later brought up at the hearing, does that mean it carries less weight at the hearing? for example, the builder orginally refused to pay for the repairs as his excuse was "I told you the materials would never work" (why did he recommend them in the first place). In his defence statement he makes no mention of this, he says someone else must have damaged the materials (and he refers to a conversation that never happened, and he never mentioned to me). Can I use this against him?
  7. Hi Jasper, Thanks for the detailed response. I have already been in contact with the manufacturer of the materials and told them the details, and they suggested using other materials that they supply. They wouldn't get drawn into anything as they obviously didn't want to get too involved. I'm no expert here, but I am expecting a simple report by a builder/surveyor will point out that the materials/method were not suitable, as well as once they see whats left of the materials, they will notice there are screws missing, etc. As for dangerous, the structure fell into a busy street, whic
  8. Hi, I won't go into too much detail just in case - but the work should have been very straightforward. I think the bottom line is the method/materials were not a good idea and in fact dangerous (as other builders have commented this), but also I don't think they were installed properly in the first place (i.e. missing screws, etc.). I've got photos to back me up here and I'm hoping to get a simple report to highlight the fact that the materials were not suitable.
  9. Thanks asokn, I guess I should not dwell too much on character assassination as you say, some of it is relevant as a lot of it is the defendant trying to put himself in a better position than he really is. For example he first said "I have emails to back me up that I warned you and happy to go to court", when really, he has nothing, and I have evidence to the contrary. I've tried my best to just pay him to finish the work (within reason), even when really he should be just fixing it to avoid this farce. A lot of it might help me to claw some expenses back, as if I am put in a good light (
  10. Hi, I have evidence to suggest that the defendant is unreliable (it took 5 rearranged dates until he finally made an appearance to do the work), unscrupulous (before court action he said he had emails to back him up, when in fact he didn't. This was omitted from his defence. Worth bringing this up?), and unprofessional (when asking him about the work, the method he recommended would always change, as well as the price going up. He would recommend an option, only to un-recommend this option later, rather confusing). Worth bringing up these details or would the judge not care?
  11. Mine was 3 pages and very articulate (small claims), not sure if this was overkill or not (I didnt want to omit too much just in case).
  12. Hiya jpmad4it, I started my claim using MCOL; in my POC I did not include any evidence (as this can be provided later), but I did bullet point it all in chronological order, i.e. 1) On the Xth of Month I entered into a contract with the defendant. 2) On the xth of month I then sent an email/had a phone call, etc. etc etc... 3) the defendant is liable for damages because A, B, C, etc (refer to sales of goods act, etc etc). Do a search for POC there are some good examples out there. When you submit the claim on MCOL make sure you tick the "POC to follow" box and you'll
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