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About Kinger122

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  1. thanks for the reply Ford. Can I defend the claim online like I did with the first one, and will this have to go to a hearing again? Also what exactly do I write in my defence? Are there specific words I need to use, or do I just state that this case has already been dealt with and state the case number
  2. Thanks for the reply f16. Im glad you're still around. Hopefully we get this thing sorted once and for all. The leaking has been stopped by some temporary work but long term I think the windows are going to have to be removed
  3. Do I need to make a new thread? Or will people not see this one because its old?
  4. Yes. They didn't turn up and the claim was struck out. This claim makes reference to the previous claim and seeks breach of contract and interest
  5. Hello everyone. I didn't think I would need your help again (at least so soon) but the builder has filed another court claim against me for breach of contract for the same case which has already been dealt with. What do I do? Thanks
  6. I've just got back from the court. First of all the good news. THE CASE HAS BEEN DISMISSED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! However it was not based on the strength of my case. That's right, I still did not win based on the seemingly endless paperwork to back up my side. The Claimant did not turn up. The judge was trying to argue the Claimant's side. He said why did the building inspector not attend when the Claimant attended, despite the attendance of the inspector being the responsibility of the Claimant. The judge said that he was dismissing the counterclaim and would not reinstate it. He said that we should have appealed, despite him saying at the prior hearing that we could only appeal on inconsistencies regarding the interpretation of the law. I am pretty disappointed and upset as this seems to be a joke. The advice I received on here which I believe to be true was I had no grounds to appeal, yet the judge now said that I should have. The judge did not want to know about anything further and only dismissed the case when I said that I wanted to pay myself in full for an expert witness. Can I now start a new claim against the roofer for damages to the internal work? Because the counterclaim was dismissed does that mean I can never make a new claim against the roofer for the same thing? I am really confused here. Lastly but definitely not the least. Thank you all for all of your selfless and never ending help and support. A special word to F16 who has offered so much of his time and help unreservedly. Thank you all once again. Whilst this is not a complete success it is definitely not a failure.
  7. Thanks for the replies and support. Is the only thing I can do now is just make sure I take a copy of my court application to the hearing?
  8. I have some news at last! A court hearing has been set on the 1st August for 30 mins. what do I do now? (if anything). There was no additional information. It would seem to me the court does not want to spent much more time on this case. Does this mean its unlikely the judge will want to allow an expert do be instructed?
  9. Thanks for all the support. It's nice to know people haven't given up on me.
  10. Hi everyone. I have still received nothing from the court. I'm still sitting in limbo land!
  11. I have received insurance backed guarantee policy documents from the roofer regarding the insurance backed guarantee yesterda. This is AFTER they have applied to the court for me not complying with the order. Here are the documents http://tinypic.com/r/28lz0vp/8 http://tinypic.com/r/2j49bna/8 http://tinypic.com/r/1fcn86/8 http://tinypic.com/r/23r6f5e/8 The policy schedule states a price WITHOUT VAT yet further down the policy it states the contract must be inclusive of VAT. Also as I previously mentioned the exclusions state that they will not insure items which have an expired guarantee with the manufacturer. Is expiry synonymous with void with regards to insurance policies/legal documents? Thanks
  12. Another update. The N244 was sent a few days ago. Sorry if I didn't make that clear. Here are the insurance backed guarantee policy exclusions. This was what I obtained by myself to give me an idea of what is likely to be included if the roofer was to produce a warranty. Can anyone comment on the validity of these terms applied to my roof? Here are the exclusions: Policy Exclusions The Insurer shall not be liable for: 1 any loss or damage where the Policy Holder is unable to supply a copy of a contract, invoice or specification of work evidencing the Insured Works; 2 any loss or damage where the Contractor has not Ceased Trading; 3 any loss incurred by the Policy Holder which is above the Limit of Indemnity of this Policy; 4 the first £50 of each and every claim under this policy, which shall be known as the Excess; 5 any loss or damage to any material where the manufacturer’s guarantee in respect of that specific material has expired; 6 any loss or damage or costs incurred that do not relate specifically to the physical rectification of a Defect or a Major Defect in the Insured Works; 7 any loss or damage to the Policy Holder’s property caused by the Contractor which do not form part of the Insured Works; 8 the cost of routine maintenance, overhaul or modifications to the Insured Works or loss or damage arising therefrom; 9 any loss or damage to the Insured Works caused by any peril capable of being insured under a commercial property, household or similar policy of insurance, including but not limited to fire, lightning, explosion, storm, tempest, flood, malicious damage, accidental damage, subsidence, landslip or heave, whether or not such insurance is effective or in force at the time; 10 any loss incurred by the Policy Holder for which compensation or recourse is provided by legislation, particularly where the Policy Holder has made payment to the Contractor via a credit card or finance agreement, and has rights under the Consumer Credit Act 1974; 11 any loss of use or any other costs that are directly or indirectly caused by the event which led to a claim, unless specifically stated in this Policy; 12 any damage to the Insured Works caused by war risks, sonic booms or nuclear radiations; 13 any loss or damage caused by fair wear and tear or the discolouration of the Insured Works; 14 any loss or damage which is due to a neglect in the maintenance of the Insured Works; 15 the rectification of the defective design of the Insured Works; 16 any remedial work which may be the subject of a claim under this Policy undertaken to the Insured Works without the consent of the Insurer; 17 any Defect discovered or reported to the Contractor more than 6 months before the Contractor Ceased Trading.
  13. It has began to rain now. I have also received specimen policy documents eventually. These two paragraphs seem particularly important, but they may be open to interpretation "As part of the claims process, the Insurer will expect the Policy Holder to supply a copy of a contract, invoice or specification of work evidencing the Insured Works. Should the Policy Holder be unable to supply such evidence, the Insurer may decline the claim. The Policy specifically excludes any loss, damage or cost in respect of any damage to any material where the manufacturer’s guarantee in respect of that specific material has expired." Is an expired warranty and a void warranty the same thing? I am not sure if it is. Check your PM F16, I have been trying to get in touch
  14. Another update: Due to computer technical issues and commitments today I was unable to submit the documents. I will however do this on the 3rd June. The roof leaked today and where the Velux engineer identified badly installed flashing (as F16 identified earlier), after some heavy rain today I have significant water leakage down the wall as well as in the roof. Shall I keep a detailed log of leaks from now on? Would I be able to claim compensation for any materials damaged/requiring replacement, or is it not worth the hassle? Am I just aiming to have his claim dismissed and put the rest down to experience? Would it also be a good ideal to email the roofer or shall I let sleeping dogs lie so to speak? I am wary about undermining my own case for an expert witness if I give too much information. Thanks for all your continued support
  15. Thank you all for the support. Ill be sending off the N244 form on Monday with the changes and keep you updated.
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