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smithy49

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  1. Will do, it will be later or in the morning as I need to scan it and take out personal info
  2. I have only just received his application today. The number he has put on the form is one for a scaffolding company that his step dad runs and I think it might be his step dad's number. He has put his annual turnover as £15991 and also his annual salary as the same. His monthly outgoings total £1945 which is more that his monthly earnings so his suggestion of paying us £150 per month isnt feasible in terms of affordability We plan to apply to put a charge on his property regardless, until the debt is repaid in full
  3. Evening. Following receipt of the order from the court giving the defendant 28 days to pay, We didnt hear anything from him and instructed High Court Enforcement Officers. They have been unable to get a writ as the DF has applied to the court to vary the order. The application has arrived with us today and he is suggesting paying £150 per month. The figures he has put on his application (income etc) dont stack up, he has used a false contact number and we dont trust him to make the payments. Before I send my response to the Court, I wanted to ask whether anyone has any thoughts on whether to go back with a counter offer ( i.e one lump sum payment upfront then 10 x monthly payments) or whether to reject his offer outright so the writ can be obtained I am unsure whether the court puts something in place if we reject his offer or if they just accept the rejection. Any advice on this would be gratefully received, thank you
  4. Thank you...I assume I have to wait for the paperwork from the Court before applying for the charge?
  5. The £800 includes £335 hearing fee but all in all...delighted. I actually didnt ask for the defence to be struck out which was a blip on my part but I got lucky because the DF didnt actually say a lot and the Judge went more down a route of criticising his work, knowledge and integrity. The DF was actually emailing me at 6pm last night asking for a copy of the expert witness report as he said he hadn't had it! I pointed out he had received two copies in August. He just hadnt bothered to look at it. He was very unprepared for what happened. n379-eng.pdf
  6. Thank you Bank Fodder and I wouldn't have known to raise the issues of costs after the judgment if you hadn't told me about that. He awarded just over £800 costs in total. I have taken a look online and DCBL offer a one stop service but I will do more research prior to the paperwork arriving. I have also downloaded a court form for applying for a charge if it comes to that. And thank you Honey Bee...it was a nerve wracking experience but when you are telling the truth and know you are not going to be tripped up on facts it makes you feel more confident. I am just glad the Judge put him in his place tbh, it was all worth it just for that moment!
  7. Thank you, I am very relieved. The Judge asked me to explain the chain of events from my point of view then asked if I would like to bring my witness forward to put any points across which I did. He then asked the DF to put his version over. The Judge asked the DF if he thought the job was up to standard and when he replied that he did, the Judge referred him to the photos I had submitted and referred to the expert witness report and the way I had conducted myself from the beginning by trying to resolve the complaint with him but he had continued to deny fault. The Judge said that if he had left his driveway in the same state he would have acted in the same way that I did. The DF didnt have much to come back on.He didnt bring his witness and he dwas offered the chance to ask questions but didnt. The Judge awarded in my favour and I then raised the matter of costs. He took on board the amounts I put forward and awarded costs. The DF complained , slammed his chair then then stormed out
  8. Evening, The hearing went well and the Judge awarded in our favour. We have been told we will receive the judgment in writing within two weeks. The Defendant did not take it well!
  9. Thank you Bank Fodder. Andy Orch...I was hoping for a Harvey Spectre moment like in Suits
  10. Good evening, I have the court hearing on Thursday and wondered if anyone can advise on whether the Judge is likely to strike out the defence having pre-read the court bundle or is this something I will have to request....bearing in mind I have already brought the tampered email to the Judge's attention by a previous letter. I have prepared questions in case the defence is allowed and I get to question the Defendant. Also, is it standard practice for the Judge to ask the claimant to do an opening statement? Thank you
  11. Thank you, thats exactly why I asked the question. I was concerned I was giving too much away but wasnt sure whether I had to be that transparent with it. Thank you for your advice on this, it is very helpful
  12. Good morning, Is there anyone available that could just check a couple of things with my court bundle before I send it to the Defendant please? I have completed an index and am just unsure about a couple of the headings: One is Section 8: Evidence of False Misrepresentation...and I have listed the documents I intend to include such as "Screenshots of Website pages for *** and ***", " Screenshots of address searches for the Defendant" etc Am I on the right track with this kind of wording? Thank you
  13. Ok, thank you. I have all of this already in a folder in order. I just need to add the most recent documents that he sent to me which have been altered/ have the wrong dates. Many thanks and enjoy your evening
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