Jump to content

Good Question

Registered Users

Change your profile picture
  • Content Count

  • Joined

  • Last visited

Everything posted by Good Question

  1. Hello Mould and everyone else - still wrestling with Form N244 (application notice). So many things I just don't 'get'. Sorry to be so dim, but... the Small Claims is meant for lay people, yet there's so much knowledge needed at every turn that simply isn't obvious, and I don't seem to be able to find out by googling etc. The CPR rules confuse me more than clarifying. Summary: I was advised by court staff to fill in a Form N244 because I need to change my counterclaim against window fitters. This is because one window has now developed cracks that let in cold air from outside - can e
  2. Thank you so much for citing these specific rules and directions. I'll try and plough through everything you've mentioned, and hope it'll make sense. Really appreciate the input, now at least I've got a starting point for filling in the form. Good to know about filing by e-mail too (haven't checked the details on that yet but it sounds like it'll be ok, which should save a couple of days). Best wishes, Sue
  3. Thank you, Andy! I've got form N244 printed out now... another hornets nest of things I don't understand. The form asks "what order are you asking the court to make and why?" Your mail mentions CPR Practice Directions. I find the CPR rules incredibly difficult to understand/disentangle. - How do I start to find out which rules and/or directions apply? - I want to ask for more time so I can get fresh quotes, because one window has now developed those cracks. Feeling completely helpless in the face of all this stuff. What would you advise for the best? Thank you, Suse
  4. Thank you so much for the quick reply. Could you say, or post a link, re how to get that permission/do an amendment? Not that I think we'd ever see that money, but it's worth changing the counterclaim to show the court how poor the workmanship is. Anxiously Sue
  5. Hello again Andies and everyone else. Re-cap: defending/counterclaiming against cowboy builders who fitted windows very badly, so we withheld 10% of final bill, pending repairs to the mess. Since last post 2 months ago, have been waiting to hear from the court. Received Order just this Saturday, 16 days after Order date - which leaves us 10 days to comply with the Order. Which includes 'delivering' copies of all documents we want to use to the court and to the claimant. I would be really grateful if anyone could tell me: - is 'delivery' in hard copy or is e-mail suffi
  6. Brilliant, thank you Andy! I'll post about any further developments! Sue
  7. Thank you, Andy! That's really helpful. Yes, I did tick 'yes' to A, the Settlement question. Does that mean the court then writes back to us with more instructions regarding time frames? Will they tell us how court mediation works and what to do? The instructions for all the other paperwork are really limited, as you know. I will put something in Section G as per your suggestion, Andy. Should I then wait for further instructions from the court, or should I just go ahead and put together another e-mail (or registered letter) to the claimant? My previous suggestion to the clai
  8. Hi Andy, and thanks very much. It was that thread which first brought CAG to my attention! There is a lot of detail about the AQ in this thread, but it doesn't really help me with the section I need. It's what is now Section G. It says "information to help the judge to manage or clarify the claim, including any other information you consider should be supplied by the other party". I just can't find any info about what is supposed to go in that box. What I'd like to say is: this is a spurious claim, it has no merit, please stop the process now. But I guess that's what the court case
  9. That's very kiind; it would be great to learn more. Suse
  10. Hello again! Story so far: defending/counterclaiming against cowboy builders who fitted windows so badly we withheld 10% of final bill, pending repairs to the mess. Got all forms off safely so far. Now it's time for the Allocation Questionnaire. Seems straightforward. But one question: what is part G, 'Other Information', for? It says 'to help the judge manage or clarify the claim'. Can I put in there that I think the claimant is trying it on and their claim is spurious? If so, is there a way of expressing this in kind of legal-type language? Should I say more than on the counterclaim
  11. Hi there - just to say I did file defence/counterclaim today so if anyone was still going to respond to my last questions from this morning, that would be more for general info for others. Really hope this claim won't go much further - eats time and peace like crazy! Thanks for all the help. Sue
  12. Happy New Year! Thank you so much for these most recent replies too! Especially the advice about showing efforts to resolve - made extensive efforts but I would never have thought of putting that in, thought I was limited to responding to/elaborating on the Claimant's particulars of claim. Still, more questions! I thought I'd have the defence/counterclaim filed before the end of the year, worked on this all day Monday. But it's so complex to make sure everything is precise and clear (as Steampowered said, leaving nothing to the judge's imagination), and of course there was other life i
  13. Thank you - I'll try to go with that unless I find some other info. It's so nice that it's possible to get help here. Still rather at sea, but feeling a lot less seasick Sue
  14. Thank you - can I just clarify, please? If Rule 20.6/76 is the sole provision for the situation, the way I understand it I can only claim a specific amount with my defence/counterclaim and not change this later. Or am I missing something? The language of these CPR rules makes me all confused. Cheers! Suse
  15. Thanks, CitizenB - odd, isn't it? I'm guessing this question can't be so unusual, as other people must have come up against similar situations. Fingers crossed for further information. Cheers! Sue
  16. Hi again, and thanks for all the previous advise. I am now putting together my defence/counterclaim, much reassured by what I've learnt here. Here is a question I haven't been able to find an answer to online so far, and the MCOL helpdesk can't tell me either, they say: Can I change the amount I claim (in my counterclaim) later? Reason for asking: having great difficulties finding anyone who will quote/give estimates for fixing this botched job (joiners are suing because I withheld payment to have the mess they left sorted). Because several builders/decorators looked but
  17. Thank you, both Andys. Or is that Andies? This is all so helpful. It's strange the courts don't provide clearer guidance themselves, given that the MCOL process is aimed at letting people with no legal experience, let alone training, enter disputes without representation. For example, I thought I'd have to provide all the evidence with my counterclaim, in order to show I have a claim at all. Knowing I've got lots more time to gather documentation is really putting my mind at rest. By the way, does anyone have a suggestion how I could persuade the company who sold the filler t
  18. Thanks for the tips - really welcome. @ CitizenB - yes please, more advice on what a 'part 20 claim' entails would be welcome. @ Raydetinu - The thing about not painting hardwood sills with gloss is a bit of a surprise; nobody has mentioned that before (several people have looked at it). It's been painted like the rest, with a primer, one undercoat, one gloss (all water-based, too thin and poorly prepared according to the lab). @ caro - yes, it'll cost to counterclaim. Unreasonable claimant - might well not pay up, even if told to by a court. I'm counterclaiming so that I c
  19. Thanks, CitizenB, that's really helpful. Is there a big difference between simply defending a claim, and counter-claiming? I'm wondering about the format and formality. Cheers!
  20. Good stuff! @ Raydetinu - Windows are soft wood, with hardwood sills. They have been declared to be of good quality - paintwork not as agreed/poor, fitting awful. - Home insurance doesn't include legal cover. - Correspondence is an issue - after a few e-mails to and fro and our formal invitation to put it right and offering our alternative solution (pay someone else, show bills, pay any balance left from that if any), they wrote another couple of e-mails, then insisted we must do it by phone ('no time to waste on convoluted correspondence')
  21. Thanks for the such quick repsonses! @ CitizenB - No trade body! - lesson learnt... - Apparently we have until 1. January to do the defence/counterclaim - not much chance of getting more quotes or other evidence in over that period, I think. The total claim is £1100, 10% of what we paid them already. From what I have been told, it'll cost about £2000-2500 to put everything right so that's what we're hoping to counterclaim for (although we suspect the other side would not pay, if it came to it). @Andy: Any suggestion of where would I find simple info on how to
  22. Hello everone, There are so many really useful threads on here, I've already learnt loads and feeling a lot less anxious. So I've signed up, in the hope that I can get some advice that's specific to my situation. Which is a lot less awful than some of the hair-raising stories I've read - but still causing me a lot of anxiety. I'd appreciate advice, and/or where to post about this issue. So glad I found this website. Basically: joiners built and fitted windows. Windows ok, paint and fitting very poor. We raised concerns with them at the time, they lied about the paint ( it's pos
  • Create New...