Being sued by Cowboy Builders - please help *** Claim Struck Out ***

[gezwee]

You'd expect to see something in the post within a couple of weeks of the hearing, depends how busy they are.

 

Might be an idea to give the court a bell tomorrow to see if anythings been sent out yet, if its looking a bit tight for time you can agree an extension with the other side.

 

Gez

[wonky100]

I don't want anymore extensions, this thing will have been dragging on 23 months before it gets to trial as it stands now. I want it sorting NOW!

 

But I will give the court a call tomorrow and see what they say. Why set deadlines for 2 weeks after the hearing if we won't receive directions in that timescale?

[gezwee]

Hi Wonky

 

I know how you feel, one of mine took 5 years to settle......... sometimes you need the patience of a saint to get you through it

 

Gez

[wonky100]

Afternoon Gez

 

Have spoken with the Court and further directions have not yet been issued. They are going to chase this up today but gave me no idea when this will be done. I know we were told of new directions at last weeks hearing and that I, the PSU and the builders solicitor all made notes. Whilst I'm determined to comply as far as possible 'cause I don't want to drag this on for any longer than necessary, I'm sure the builders will use this as an excuse to delay. Is this allowed?

 

They were meant to send us a cheque by 4pm on 3 April! We were also meant to have agreed on a SJE and the instructions by 3 April.

 

The claimant were meant to disclose documents and witness statements by 4pm on 17 April and we are able to provide a supplementary witness statement following the claimant's witness statement (in view of the fact that we let the builder have our witness statement by the original deadline in January) by 4pm on 1 May.

 

Then there were the deadlines for when the SJE report was required by with deadlines for questions and responses.

 

Can these deadlines be ignored in view of fact that we haven't actually received the new directions?

 

The builders solicitor has confirmed that he had a meeting with the builder yesterday morning, so they must know what their next step is. He suggested 2 surveyors and said further details will follow. I know this was only yesterday but surely he must have details otherwise how could you suggest them?

 

Have a look at the mould we now have. This is not the only area with mould, but is the worse (and it's not the only problem). The condition worsens week by week. Surely it's more imperative for the builder to act quickly?

 

Also, one of the things the SJE must do is place a value on the remedial works and the structure, if any. The builders un-licensed debt collectors demanded that the structure was valued in July 2011 and this request was agreed via a solicitor. No arrangements were ever made and then we received court papers. Can this be used to demonstrate that the builders are purposely dragging their heels? We're only at the stage we should have been 8 months ago!

[gezwee]

[ATTACH=CONFIG]34486[/ATTACH]Afternoon Gez

 

eurgh.......nuff said me thinks

Have spoken with the Court and further directions have not yet been issued. They are going to chase this up today but gave me no idea when this will be done. I know we were told of new directions at last weeks hearing and that I, the PSU and the builders solicitor all made notes. Whilst I'm determined to comply as far as possible 'cause I don't want to drag this on for any longer than necessary, I'm sure the builders will use this as an excuse to delay. Is this allowed?

 

Sort of, parties can only follow the orders as served...... doesn't follow that the court will appreciate delays though, always best to adhere to the best of your ability or risk the wrath of the dj at the next hearing.

They were meant to send us a cheque by 4pm on 3 April! We were also meant to have agreed on a SJE and the instructions by 3 April.

 

You still have time, prudent to draft instructions now and present to the other side..... try to reach agreement [retain copies of any/all correspondence] whilst you source the SJE

The claimant were meant to disclose documents and witness statements by 4pm on 17 April and we are able to provide a supplementary witness statement following the claimant's witness statement (in view of the fact that we let the builder have our witness statement by the original deadline in January) by 4pm on 1 May.

 

This is where an extension comes in to play, it provides an additional month to exchange should there be a delay in the report. Any agreement must be by consent and you [as the defendant] are encumbered with the job of filing with the court. It allows the case to progress unhindered, don't let them drag the time out though or it'll put you on the backfoot if you have to rebutt at the last minute.

 

Then there were the deadlines for when the SJE report was required by with deadlines for questions and responses.

 

Can these deadlines be ignored in view of fact that we haven't actually received the new directions?

 

The court will recognise the difficulty in sourcing the SJE and make allowances if both parties show good conduct. See agreed ext above.

The builders solicitor has confirmed that he had a meeting with the builder yesterday morning, so they must know what their next step is. He suggested 2 surveyors and said further details will follow. I know this was only yesterday but surely he must have details otherwise how could you suggest them?

 

Have a look at the mould we now have. This is not the only area with mould, but is the worse (and it's not the only problem). The condition worsens week by week. Surely it's more imperative for the builder to act quickly?

 

You'd think so, but if he had any intention of sorting this mess out you wouldn't be where you are now. Is this causing any problems with the main structure of the house? If you believe it is then you need to include relevant checks within instructions.

Also, one of the things the SJE must do is place a value on the remedial works and the structure, if any. The builders un-licensed debt collectors demanded that the structure was valued in July 2011 and this request was agreed via a solicitor. No arrangements were ever made and then we received court papers. Can this be used to demonstrate that the builders are purposely dragging their heels? We're only at the stage we should have been 8 months ago!

 

Yep, all to be drawn into your pleading in your w/s and bundle.

 

 

Hi Wonky

 

Sorry, not able to get on here during the day and had a few problems posting tonight

 

Gez

[wonky100]

Thanks for your help, again, Gez.

 

This is all so annoying, especially when I read other threads on here were ltd co builders have taken the money and run with very little redress for the home owner. It's my opinion that if we hadn't received our money back via our credit card co, this company would have done exactly the same.

 

If the builder doesn't pay us the £410 by 3 April can I then apply to the courts for enforcement/CCJ? What options do I have? I'm not going to let this builder get away scott free. Even if all I achieve is getting a CCJ recorded against him, at least this will effect his credit rating and I can then make it difficult for him to eventually wind up his company when this this mess if over. A woman scorned!

 

Could I ask Guido T for some more help please?!

 

Instructions need to be agreed by 4pm 3 April 2012 (if we get the Court Directions before then!). What do I need to be asking for?

 

I want the structure checking thoroughly from the roof to the foundations and I'm confident this was the intention of the DJ in agreeing to a SJE and in view of this not allowing the previous expert report. Also need the electrics checking, cost putting on any remedial work (I've had a quote for in excess of £4,000 for the roof alone) or whether the structure needs knocking down and restarting (which has previously been advised) and value, if any, of the structure. Can any of the materials be reused? I'm guessing the glass roof and windows can, if they're not damaged when the structure is taken down if this is the route we have to go down. Wouldn't want to re-use the French doors as you have to open both sides to be able to walk through as they're not wide enough with just one half open.

 

Thanks again for everyone's invaluable help. I wouldn't have got this far if it wasn't for you guys.

[GuidoT]

In terms of instructions, absent site of the full order, I presume these are the instructions to the SJE, of course you need to find one first. I will see if I can dig out some instructions on a project I have worked on and post up.

Edited March 28, 2012 by GuidoT

[GuidoT]

Draft Instructions to Joint Expert.doc

 

Every set of instructions is different, the instructions will need to be amended to suit your dispute. Although I have not looked back through your entire case, I think one the question that should be asked would be it is more economical to pull down the conservatory and start again, although the other might resist such a question.

Edited March 28, 2012 by GuidoT

[wonky100]

Thanks Guido T

 

Yes the instructions that I need are for the SJE.

 

Good point re the agreement of a SJE! We haven't agreed a SJE yet but thought I'd ask for help with instructions so that I'm prepared. One of the large national companies that the builders solicitor suggested have said that they would act as a SJE even though they mainly deal with large commercial risks and residential sites with a value of £10m ish. The guy asked for photographs, which I've sent, and I'm waiting on details of his services which he said he'd let me have.

 

If he doesn't come back to me I don't see how we can use the builders suggestions (since the other told me they couldn't help). Back to my suggestions then and I don't see any good reasons to refuse (since one of them was recommended by the national co they suggested, who can't help).

 

Thanks again

[wonky100]

Wonky100's Wonky Conservatory

[GuidoT]

You need to keep your humour about these matters, otherwise it will eat away at you.

 

Let me know who that expert is so I can check him out. I can edit out the name after you post if you want.

[GuidoT]

Received your PM, not much info available regarding him. He is a Building Surveyor so that is good. I checked on the RICS website and he is chartered so that is good too. Ensure he has some experience of preparing expert reports.

 

He works for a big firm, that often means they have less flexiibility with their fees, so be careful you do not get fleeced (again) if you instruct him.

[wonky100]

Thanks again Guido T

 

Just waiting to see if he sends me his details which he said he would by email. The price he quoted (per hour) didn't seem to be too bad. I've certainly been quoted more! Also, he asked if my husband could do any digging beforehand to save on time and expense.

 

Will just have to wait on the builders solicitors now. If I haven't heard from them by Friday I shall send them a recorded delivery letter with copies of the emails that I've sent to them so far. If I don't hear from this guy then that'll obviously be a reason for not using him (he did say he was very busy this week and on holiday next week). The reason for not using their other suggestion is quite simple - they told me they didn't want to do it! I'll also send a copy of all this to the Courts and ask if they could instruct a surveyor in view of the fact that the claimant's solicitor doesn't seem to be taking steps to progress matters (on the basis that I don't hear from them).

 

I can't do much more for now.

 

Thanks again

[GuidoT]

I would expect his rate to be around the £100 / hour, but the hourly rate does not sometimes matter, it is the amount of hours, some firms quote low hourly rates to win work, but charge more hours (and you have no way of checking usually) than an activity takes. Just be careful agree with him in advance how much each stage will cost or at least get an estimate.

[wonky100]

That's the kind of info I was hoping for from him.

 

The 2 suggestions that I've put forward have given me their hourly rate plus their mileage allowance, time for travelling plus have itemised their costs for other issues which may arise. They've also both given me an estimate of how long the job will take. They've also set out their qualifications and experience. I just don't see how anyone can refuse a surveyor who has provided such extensive information.

[GuidoT]

If the other side refuse, just write to the court and tell them they have no grounds for doing so and ask that the court issues directions to the effect that either of your 2 suggestions are appointed.

[gezwee]

Hi Wonky

 

Give the court a bell in the morning to get the directions over the phone, would be handy to know if there was any mention of an 'unless' in the costs order.

 

Gez

[wonky100]

Hi Gez

 

There better bloody be an "unless" in the costs order as the DJ advised that if they didn't pay we could apply to have the matter struck out and it would be. The DJ also advised that if the claimant failed to comply with any further directions we could apply to have the matter struck out and it would be. If there isn't I'll be kicking off, once the matter has been finalised of course! Especially since the DJ advised that the original directions were wrong. The Court staff haven't handled this very well.

 

But was thinking of giving them a call tomorrow or Friday anyhow to see what's happening. Can't believe we possibly could only receive directions after the deadline has passed!

[gezwee]

Hi Wonky

 

The directions are probably sitting in someones tray waiting to be typed up, they can read them out to you over the phone if you ask.

 

There may be something that would assist with putting a little more pressure on the other side

 

Gez

[wonky100]

Have spoken with the Orders department at the courts this morning and the lady who I spoke to advised that she would get the file and get the orders drawn up and issued today. Watch this space! She wasn't able to tell me what they said.

 

However, she did advise that in her opinion, even though we haven't actually received the written orders there is no reason whatsoever why either party should not comply with the orders that need to be complied with prior to receiving the written orders as both parties should have made notes during the hearing - my point exactly! Hope she's correct, because if she is for once common sense prevails.

 

Letter to solicitors drafted and ready to be sent. Just need hubbies signature on it tonight. Will be sent recorded with copies of ALL correspondence. Copy also to the Court requesting that they appoint a surveyor in view of claimant's solicitors lack of correspondence/discussions in this matter.

[wonky100]

2 days to go until we have to have agreed a SJE and instructions to give the SJE and nothing from the builders solicitors other 2 names of national cos, who can't really help. They said their further advices would follow, this was Tuesday morning, but nothing.

 

Recorded delivery letter in post today and will be sent by email also.

 

How are we meant to move matters forward if they don't seem to want to discuss?

 

I know we haven't received directions yet but surely the silent treatment is not the way to go about this.

 

If I don't hear from them by Monday I'm going to have a walk to the Courts on Tuesday. But how do I go about getting them to instruct a SJE? Will I have to make an application for this and pay £80? Or should I wait until Wednesday and see if they get in touch and let me have their cheque and if not just apply to have the matter struck out again? I don't want to fall foul of Tuesday deadline though.

 

Will the DJ consider the claimant's lack of communication?

[wonky100]

Have eventually heard from builders solicitor by email (but letter already in post).

 

They are insisting that I confirm the use of one of the national companies whom they suggested despite the fact that they have told me that they don't wish to act as they only get involved in commercial matters (and I have a name and had previously advised the builders solcitors accordingly together with the surveyors name). The builders solicitors say this company are best placed to act as they know what is required of them in Court.

 

I sent 2 extensive CVs for owner run surveying firms. 1 provided details of his experience confirming that he is experienced in attending Court. The builders solicitors have not passed comments on either of these 2 firms. There is no good reason to refuse either. I have a very good reason to refuse their suggestion - they don't want to act!

 

I have told the builders solicitors that I want to appointed 1 in particular of the firms that I have suggestion and that there is no good reason to refuse. I have told them that if they are unable to confirm then I suggest we ask the Court to appoint someone.

 

Is this ok?

 

Ta

[GuidoT]

If you have not done so already, write to the other sides solicitor's and say you have spoke with the surveyor(s) they put forward however he has declined, accordingly ask if they can advise which of your two suggestions they agree to, otherwise you will make an application to the court for the appointment.

[wonky100]

Thanks Guido T

 

I went straight back to the solicitors and pointed out that both of their suggestions had told me that they didn't want to act. I just don't understand where they're coming from. How can you appoint someone who doesn't want to be appointed????

 

Anyhow, they've now agreed to one of our suggestions (who was in fact one of their national cos recommendations).

 

They've attempted to put me in my place though and have told me that I have been unreasonable in copying my letter to them to the Courts. Maybe I was, but they were unreasonable sending documents the evening before a hearing, for suggesting surveyors without any information and for wanting confirmation from us to appoint even though they'd advised they didn't want the work.

 

The solicitors refuse to let me have permission to correspond with them by email. I understand they are within their rights not to allow me to serve documents by email. So I had no choice other than to send them a recorded delivery letter. I think the letter I sent is relevant to the proceedings as it shows the claimants/their solicitors unreasonable behaviour.

 

What do I know? But I did it anyhow!

 

So a surveyor has been agreed. Hurrah! Now need to agree instructions.

 

Had a surveyor at work cast his eyes over some photos yesterday (but he's a risk management surveyor) and he raised LOTS of doubts over the construction. So these issues have been included in our draft instructions.

 

What we didn't even think about was the fact that the structure hasn't been tied into the pre-existing structure and coupled with the fact that the foundations don't look sufficient........ At least if it falls down it's not going to take our house with it!

[gezwee]

Hi Wonky

 

Have you seen this recent post?

 

http://www.consumeractiongroup.co.uk/forum/announcement.php?f=&a=233

 

Gez