zed1015
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Everything posted by zed1015
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Well! I'm now waiting for a reply from Doncaster court and i'm filing a complaint about the judge to the Judicial Conduct Investigation office citing Misuse of Judicial Status and Not fulfilling Judicial Duty via their online form. There is also Professional Misconduct but I think that may be pushing it a bit, I don't know, but if the first two aren't enough then it's off to the ombudsman, local MP and any other avenue I can find. I'm not hanging around waiting for one reply before proceeding to the next, ill hit them from all directions and see what sticks.
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All my defence, counterclaim, part 20 etc is all laid out perfectly. Statements number paragraphed, dated and signed. Everything is clearly cross referenced to the appropriate document, receipt, witness statement etc all in chronological order. Surveyors report is part 35 compliant, Statement of truth's all part 20. Every denial from the builder is countered and destroyed by hard facts and independent evidence. The judge actually commented on how well my defence was presented (which also forms some part of my counterclaim) which is one reason why the builders claim was stopped in it's tracks. The judge didn't consider my claim because of the circumstances he thought it was issued. That is exactly what he said, no other reason and that is wrong. A claim is a claim no matter what. I'd love to post a copy of all the details but believe me it's not just few lines of text and would take days to type. Just my own statement of events is 43 paragraphs and that's just the tip of the iceberg.
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The actual contents of my claim or defence etc whether it contains a legitimate claim or not is not the issue. It's the grounds on which the judge has dismissed it without it even being heard. His personal thinking that I put in my claim in retaliation to the claimant is not lawful grounds to dismiss it unseen. How the hell does the judge know my reason for bringing the claim, it's none of his concern, his judicial duty is to consider the facts, not decide who's got the right to be heard or not. If any claim comes to a judge they can't just brush it aside on a whim just because of the circumstances of which they think it was brought. The claim has to be judged on merit of the facts and either found for or against based on those facts.
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Those sections of part 20 are simply setting out the circumstances , requirements and time constraints of issuing a counter claim and whether they need permission by the court or not. Only 20.4 applies to my counter claim as it was issued alongside my defence so didn't need permission. The trick with all these CP rules is to take each one seperately and don't let all the cross references etc cloud your vision. It does take some doing but after a while the fog clears and things become clearer albeit not crystal.
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The defence was obviously free and the fee for the counterclaim issuance was £455 which was because it was for over £5000. Not much I know but with £420 for the surveyors report and solicitors costs i'm just over £2000 out of pocket as a direct result of his claim and that is before the cost of remedying the bodged building works.
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It has already been edited. believe me it was much much longer If it was just a defence then, yes! the defence has obviously served its purpose and no longer required. But the counterclaim regardless of it being issued at the same time as the defence or later is a distinct separate claim with its own fee paid which stands on it's own merits and should be heard regardless of the outcome of the builders claim. If I had wanted I could have waited until the conclusion of the builders claim and then issued my own claim later as a totally separate action and that would have had to be heard. Just because it was issued alongside my defence doesn't tie its validity to the result of the builders claim. The Judge is in the wrong by dismissing my claim on supposition and depending on the replies I receive I think I will be putting in a complaint to the Judicial conduct investigations office.
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Here is a draft of the next letter to the court obviously to be amended depending on their reply to the last. I'm stating CPR 3 as the basis of my complaint. Do you think this is correct or is there another CPR that I've missed that would be more appropriate or also needs quoting. Dear sir/madam. I wish to file a formal complaint. In reference to my previous email correspondence. Regardless of the judges decision , my counterclaim was a stand alone issue with the £455 filing costs independently paid for and i do not see how it can legally be dismissed without being heard. How can my claim be dismissed solely on the judges personal supposition of the grounds and motives of why it may have been brought against Mr McGowan and not by failure to comply with civil procedure rules or either found in favour or against based on the actual facts of the case. This practice is not in accordance with the guidelines set out in CPR part 3.4. Power to strike out a statement of case 3.4 (1) In this rule and rule 3.5, reference to a statement of case includes reference to part of a statement of case. (2) The court may strike out(GL) a statement of case if it appears to the court – (a) that the statement of case discloses no reasonable grounds for bringing or defending the claim; (b) that the statement of case is an abuse of the court’s process or is otherwise likely to obstruct the just disposal of the proceedings; or © that there has been a failure to comply with a rule, practice direction or court order. At the court hearing none of the above legal reasons for dismissal or any others set out in the CPR were given and I therefore claim that the dismissal is unlawful. My claim was set out in accordance with court rules and directions given and is backed up by signed statements, expert reports and professional evidence with no coherent defence from Mr McGowan but non of this was considered. Why has my claim not been subject to the due process of law. Regards,..................
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Yes! I have mountains of receipts and building repair quotes , letters from HMRC and NHBC, Emails from brick manufactures, emails from building control, etc, etc, you name it. There's enough evidence to convict O,J,Simpson
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You know! I'm not wanting to sound like a nut job, but I suspect the judge knows the builder. Right from day one I've had that odd feeling. The claimants solicitor actually stepped away from the case when I refused to call it quits and accept their offer to mutually walk away and deal with our own costs. They knew the builder was in the wrong and now I find my self with exactly the same result I would have had if I took the offer and the builder has walked away unscathed with my claim conveniently buried, is that a coincidence ? I know the builder is a freemason and it's not such a giant leap to suspect something funny going on. After 18 months of **** I really want to walk away but now that i'm under no pressure and in a stronger position of control I'm gonna keep digging. With my claim not actually really being heard i'm sure I can push higher for something to be done without shelling out more cash for an appeal. I mean! how can I appeal against a decision that hasn't been made ?
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This is the correspondence I have sent to the court. Will be interesting to see what reply I get back. I already have an anticipated response drafted to what I think they will say. Dear sir /madam. During my recent court attendance on the 20th of April 2016 the case brought against me by Mr M, R, McGowan was dismissed due to it being deemed false and invalid. As a consequence the judge also dismissed my own counterclaim on the grounds that he thought it was only submitted in response to the McGowan claim. This is incorrect. My Counterclaim, whilst also containing the substance of my defence, was issued independently to recover the cost of repair to previously undetected costly defects largely found AFTER i dismissed Mr McGowan and would have been presented regardless of a claim against me and I am deeply annoyed that my claim has been brushed aside in this manner . Also as a direct result of McGowan's claim I have incurred defence expenses totalling at least £2,000.00 by way of £455.00 court fees, £420.00 surveyors fees plus other legal costs which I can ill afford and so far there has been no notification of these costs being refunded which surely Mr McGowan will be made responsible for ? Looking forward to your reply.
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Thanks. Part 20 confirms exactly what I thought and my counterclaim was a separate claim and should have been heard regardless as a separate issue. Also at the allocation hearing the judge initially combined the sums of both claims which would have put the case out of the boundaries of small claims limit of £10k but he "kindly" allowed it to remain in the small claims track at his discretion. Part 20 clearly states that the claim sums are not combined so even the judge doesn't know what he's talking about or there is something else going on.
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I issued a defence/counterclaim as my evidence was applicable to both. I had included a claim in the defence for £455 court fees and £420 survey report costs which I needed to prove the legitimate reason for his sacking and also legal fees to be considered ( for the incompetent solicitor I also sacked earlier on in the case ) The builder provided virtually no coherent argument to either only repeatedly stating that he's been in business x amount of years and that it would have all been put right on the snagging list which was a joke. I had also uncovered that he was unlawfully charging VAT and not a member of the NHBC as claimed on his bill heads again neither of which were mentioned. The court proceeding were over in a flash. I didn't even get chance to open my evidence file which is about 3 inches thick of evidence paperwork. I feel like I've been mugged and it was only when we were out of court that I realised what had happened. I get the increased feeling that something was iffy about the whole thing but what can I do.
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Brief background. I sacked dodgy builder half way through job and paid him off ( Got signed receipt etc) Builder takes me to court for remaining balance of FULL price quoted for complete job. (The claim which he lost) My counterclaim was for costs to remedy his bodges and complete the job to the std it should have been. The large majority of these faults were found after his dismissal and not the reason i initially sacked him. The costs claimed for were to cover the amount required above his original quote. So his quote = 12k Price to remedy and complete = 18k 18K minus 12K = 6K So my claim was for 6k . I am also an additional £2000 out of pocket for cost's incurred during my defence of his claim which were not mentioned in court and there is so far no indication of any refund of my court fees. This is not right.
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UPDATE. The case against me was thrown out within the first ten minutes of the hearing mainly due to the statement of truth issues I had queried about but also due to the grounds of the claim so all is well in that respect - RESULT HOWEVER! My own counterclaim was dismissed without being heard because the judge had the view that it was only issued in response to the claim against me which is NOT the case. Regardless of the judges ill conceived supposition, my counterclaim was a stand alone issue with the filling fees independently paid for and I do not see how it can be legally brushed aside without being heard. How can it be dismissed on the judges personal opinion of the grounds and motives of why it may have been brought against the claimant and not on the actual facts of the case. My claim is backed up by expert reports and professional evidence and non of this was considered or discussed. Surely my claim had to go through due legal process and be found to be either in favour or against on the grounds of the facts ?
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Thanks! I read that during my extensive searches prior to posting on here . It is the allowance of the N1 form to be processed through court channels with that glaring error which disgusts me. After all their strict guidelines and deadlines the form should have been disallowed and returned to the claimant to be rectified but they seem to make up their own rules as they go along. Calls to MCC Salford returns the usual robotic response with no hint of admittance of error and the repeated advice to go seek independent legal advice. The whole 18 month (fast track) experience has pretty much followed the same level of incompetency so I shouldn't really be surprised.
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I'm not relying on this to help my case at all but the particulars do contain untruths to which I have undisputable proof to the contrary and I do know that the lack of a statement of truth can lead to the particular piece of evidence it pertains being inadmissible. I just wanted to be armed with the correct information as to how it applies to the validity of the N1 claim form when I go to court on Wednesday. It is just another item to be added to the catalogue of lies and errors made by the claimant and solicitors that you just wouldn't believe.
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Hi. Andy . Sorry but your reply bears no relation to my query . I am fully aware of the differences between claimant and defendant etc and what information should be provided. What I simply need to know is what are the implications of the claimant not completing the N1 Statement of truth correctly. All internet searches only say that the Statement must be completed but they do not state what the implications are if it isn't.
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Hello there. I have been served an N1 claim form from a dodgy builder I sacked for substandard work. The Statement of truth has been filled in by an unknown party ( Name printed and signed) but they have not stated who they are. They are NOT the claimants solicitor as he doesn't have one. Neither Claimant ,Litigation friend or Legal representative has been selected from the options and neither has the name of firm or position held . It seems clear to me that the statement of truth is not binding and the form should not have proceeded through the court system with this error. I am in court this Wednesday the 20th April. The question is - Is this claim form legally binding . What is my legal position. Is the claim void in its current state. Thank you.
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