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  1. Hi all. Someone suggested I post the outcome of my small claims defence/counterclaim, so here goes: Not great. Judge was 'good at managing the case' = really good at steering course of day the way she wanted, with no chance to divert from her purpose. Which was to ignore most of the evidence and to go on verbal accounts. Judge hadn't read any of the statements, or report, or any part of the paperwork. Thought paperwork excessive. Did not realise claimant was source of all the paper - thought it was me. Perhaps because mine was neatly tabbed with easy-to-find tabs. That thi
  2. Good evening, anyone who's got time to read this: another question, please. Included in the bundle is now a 'witness statement' from one a supplier who sold the claimant a product we think was completely unsuitable for the job. This same person told me on the phone (rough transscript made during call) and in two separate e-mails that the product was not suitable as used, and I appended this as part of my statement. This supplier's signed statement is dated two days after document exchange. It contradicts what the man told me directly. While I can probably argue that he's tweaked his
  3. Thank you, Steampowered! So many unknowns... Here's another: going through the bundle, I found a copy of the claimant's defence to counterclaim, unsigned. He sent that in the spring, in response to my counterclaim, by e-mail, also unsigned. He never sent me a hard copy. He may have sent a signed hard copy to the court, but I don't know. If he hasn't done so, does that invalidate his defence to the counterclaim? And if that were so, what would be the implications for the hearing? As ever, any tips and advice more than welcome. Now back to the bundle... Cheers! Sue
  4. Thank you, Steampowered, that's sound advice. I'm struggling to get away from trying to present myself as 'the reasonable one' and the other side as unreasonable; I can see it's important to focus on the contents of statements etc - will try to practice that. The bundle has just materialised, will require a lot of work to file all the loose leaves supplied in document pouches. It does not include items I asked to be included - e.g. an annotated drawing to illustrate a typical sash window and post-report correspondence with the expert. Can I provide information like this at the hearin
  5. Good morning! Another question, as I prepare for the hearing: how would I address the question of privileged information with the Judge? I would be quite happy to have all the settlement negotiations with the claimant out in the open, as they indulged in a series of, shall we say, 'creative' calculations in offering settlement, telling me that I'm only after money etc. The offers, while far too low compared to what it would cost to fix their mess, did effectively include 'dropping the claim' (that was verbatim in the privileged letter they included in their evidence pack) and offering
  6. Thank you! Update: the claimant's son, who is as involved in the litigation as his father, has just informed me the father is in hospital 'for tests' after 'a suspected mini stroke'. So the case may be delayed anyway... but I have to carry on regardless. Can't help feling sorry for the man either, even though he's putting me through all this so needlessly. Thank you for all the advice - it is helping me focus on what matters. Cheers! Sue
  7. Thank you, Sadie, Steampowered and SabreSheep - this is all very helpful. Writing to the Court with request to pass communcation with claimant about the bundle has helped concentrate the claimant's mind - he is now trying to get a bundle in the post today. Claimant has not responded to several enquiries regarding witness statement filed after exchange. I know from asking a court official that he did file such a statement with the Court. From the comments here I gather that I can at the very least expect the Judge to disallow this, and possibly it may lead to the case being struc
  8. Update: Claimant now says he is 'currently' working on the bundle (was due today) and claiming ignorance of court process (but was well able to get instant response from court about filing a new witness statement - so I hope that won't wash). Reply came only after I wrote to the Court asking the matter to be referred to the Judge. New question: claimant has now asked for additional documents that he wants to be included in the bundle. I think he wants those in the hope of incriminating me in some way (e.g. quotes that I used to ask for increase in counterclaim - but that part of the pr
  9. Thanks for the comment, Steampowered. Yes, I had thought of bringing a bundle myself - but to do all that extra work and have all the expense is very upsetting. It would probably take a day to do this - which takes time away from preparing for the hearing on Tuesday: even just going to buy more printer cartridges, folders, paper etc, let alone all the systematic work required - quite different from the papers I need to prepare just for myself. It's all complex and a vast amount of cross-referencing to correspondence is needed to show discrepancies, lies etc. This case has dragge
  10. Hi Sabresheep, that's such a fun idea - 'enjoy the chaos'. Wish I could - instead I rang the court again yesterday: they say it is quite possible the judge will adjourn the case if there is no proper bundle and tell the claimant to go 'do his homework'. At our local court here, adjournment means about three months before the next hearing. I can't stand the thought of turning up next Tues, having spent over a week swatting up on all the details, working out what matters and how to focus on it - only to be sent home again. And having to do it all over again a few months down the line.
  11. PS there is a point in the most recent court order specifically instructing claimant to prepare a bundle, with a deadline. Sue
  12. Thank you very much, BankFodder (I trust you were an indigestible meal for that bank?) The tips about asking questions are really useful - more homework! Meantime, another thing: we came to realise the claimant didn't know the significance of a bundle. Because of the implication (no bundle before hearing = judge won't be able to form such a clear picture of the case/during hearing chaos as sheaves of unsorted paper are shuffled) we sent the claimant some online info about how to prepare a bundle. They have just written back (bundle should be with the Court tomorrow) saying th
  13. Good morning, Can someone please help me understand: The claimant wrote to the court late last week saying that in the light of my witness statement, he wants to change HIS witness statement - that is, after exchange of documents. The Court admin has told me today that the Court sent a letter to the claimant saying that they "do not need the Judge's permission to file statements" - which apparently means they can file another statement as they please. I thought that exchange of documents is on the same day so that one party's evidence can't be used to influence the wa
  14. Thank you very much for the comments, BankFodder. Strategic thinking doesn't come naturally for me, so these tips about keeping things up my sleeve are great. To clarify - I wasn't all that courageous - until the MCOL claim landed on the doormat, legal action didn't feature on my horizon. Those joiners sued ME, and it was then I decided to counterclaim because I had of course started to look in more detail at their work: by then I could see the repairs would amount to more than the outstanding amount they were suing for. The investigations while trying to fight the case brought out
  15. Good evening. In a two-year small claims case (yes - two years!) it looks like things are finally heading to trial*. I am the defendant/counter-claimant and litigant-in-person. Other party also representing themselves. I have just exchanged documents with the other side. On reading their witness statements, I find that one of the statements makes explicit reference to previous settlement offers from us that were clearly marked 'without prejudice'. The figures cited are figures that were presented, but are used to misrepresent the actual offers/counteroffers dialogue (to make me sou
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