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About disillusion'd

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  1. hello, I am looking for a legal precedent to quote in court: Someone hold themselves out as an expert and their advice causes a consumer high costs and their advice turns out to be highly questionable (ie wrong and with no evidence leading to their advice) Example: Expert advises customer to remove a perfectly sound structure and 'expert' gets the contract to replace it Is there a legal precedent for the consumer to recover costs?
  2. Hello Bankfodder, Please don't apologise, it is my fault. I should have found out myself that I should file for a judgement. I researched in the wrong place, and got wrong information that the Claimant is not obliged to file a response to a Counterclaim. As you suggested I have attached the Counterclaim. It sounds vey plausible until you know the facts. Incidentally, I approached the County Court in Brighton asking to attend a Small Claims hearing to understand how the Court will conduct a Small Claims hearing. The clerk told me it's not allowed. I sent
  3. Hello I have attended Court for the Directions hearing for expert witnesses. The other side turned up with nothing, having sent me nothing either, and they did not reply to my pack with witness statements and other evidence. The judge instructed The Claimant to prepare a defence to my counterclaim. He told me too that I could have entered a judgment against the Claimant as he had not filed a Defence to my Counterclaim. I didn't know this and now we have to go through with the whole court case. The judge told me I have to present my own witness statement. On the last date a
  4. Thank you very much Bankfodder, that has made everything much clearer for me and I will be better prepared than I am now. In answer to your question, no I haven't sent the witness statements to him yet as I asked them to rewrite according to your instructions. I have received them now and will send them tomorrow. The date of the directions hearing is 4 April so that is 18 days away. I haven't received any documents yet from the claimant. I will prepare a letter to go with my witness statements according to the guidelines you gave me a while ago.
  5. Hello, Can you clarify something for me please? My letter from the Court (County Court/Small Claims) says: "Upon considering the Court File... 1. This matter be listed for a directions hearing to deal with whether expert evidence is required." 1. I have made an assumption that this hearing is not the actual hearing of the case. 2. What exactly do I have to send to the Court for this hearing? 3. What must I take with me to the Court for this hearing? 4. As I am not an expert, does my own presentation to the Court (as the defendant/counterclaimant) have
  6. Crumbs, no. they don't look like that. They are simply written out on their letterhead in their own words, and with a statement of truth at the end. Does one have to do all this for a Small Claims case? I have also got a few quotes from companies that are endorsed by the industry body. In these, they have stated why they won't use the track that is in place. Can these be presented in the court? I can of course send these to the claimant as well
  7. OK I will contact the claimant. I didn't actually intend that any of these witnesses attend court, only that I be allowed to present the (written) witness statement. Ditto the experts. The court document asked specifically about how many written witness statements I wanted to use. I didn't realise you have to let the other side see and dispute witness statements. I almost certainly wont get to see theirs.
  8. Hello. I've just received a notice from the Court giving me a date for a Directions Hearing. It says 15 minutes have been allocated for this. The notice says: "Upon considering the Court File... 1. This matter be listed for a directions hearing to deal with whether expert evidence is required." What am I required to do for this hearing? I did ask for the opportunity to use expert evidence , as I wanted to present quotes, witness statements and the evidence of the claimants expert. In my Directions Questionnaire I ticked the box "Are you asking for the courts permission
  9. Hello, Can I check what is required to be done now? I have checked with the court, the claimant was required to lodge a DQ by 3 January and failed to do so. After i called a couple fo times the court sent them an 'unless' order to reply by 20 January and they sent in their DQ on 17 January. They have not supplied a defence to my counterclaim. I don't know what their defence is or what documents/other they will rely on as I have received nothing from them or from the court. They have received my defence and counterclaim both from me by recorded mail and from the court. Is
  10. Hello In a phone call to the Court they told me they had not received the DQ from the claimant, due 3 January. They said the Court would be sending their own 'unless' order to the claimant, and they told me they generally allow 14 days for a response. I imagine that i will have to wait until that deadline expires before I can apply for a judgement against them? MCOL has no more information listed on it, it seems since the notice that the claim was being transferred to the local Court. I read online that the original claimant doesn't necessarily have to file a defense to a
  11. They haven't replied to my counterclaim - or at least, I haven't received anything. Bearing in mind the holidays, how much time would they be allowed for a reply? Perhaps I'm being too impatient. I do think they would have jumped on the opportunity to get a judgement against me on MCOL if they could have. How would I know if the Courts have received the claimants DQ? It isn't possible to speak to anyone there as they don't have counter service. Would this just be a notification from the Court? Is this 'unless' application just a letter I write to the Court, or is it a form? Do
  12. Hello Can I check the next step with you please? I put in my defence and counterclaim Particulars along with the Directions questionnaire at the County Court on 15 December, my deadline was 19 Dec. I also posted off a copy of the Particulars to the claimant on 15 Dec. I saw that the claimant had been given a deadline of 3 January for his Directions questionnaire. I haven't received any documents at all from the Court since the Directions questionnaire and no documents from the claimant, nor an answer to the CPR 31.14 I sent. At this stage all I have from the claimant is the very sho
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