Being harrassed

[gezwee]

hmmm, deleted....... double posted [again]

[Hadenoughofthis]

I have never been served any forms, my name was just added to the case in court....

[gezwee]

Mrs H

 

You really need to speak to the court and request disclosure as above - post what you can of particulars of his part 20 so we can see what the issues are and how best to defend.

 

Have you spoken to the originating claimant [off the record] for their take on this at all?

 

Do you have copy of original 3rd party claim?

 

I can understand this is both frustrating and upsetting but you must set your feelings aside and focus on the lawfulness of his actions and best defence and/or counter.

 

In essence the numpty has been caught providing shoddy workmanship and tried passing the buck to you with hyperinflated claim for works done...

 

Gez

[Hadenoughofthis]

There was no court forms issued regards the part 20 claim, rather he said in court he wanted to sue for the sum for work done and not paid for. I was with the original claimant in court for the original hearing and he shifted the blame to me, saying I directed the work and told him to do it all. The judge said well we will have to add her name to the claim now, and that was it, I was a defendant. The original claimant is one of my best friends and feels guilty I have been brought into this for trying to help her.

[Hadenoughofthis]

Their claim is they want paid for work they done on the house. He detailed work, which he didnt do and charged enormous fees for doing so.

[Hadenoughofthis]

The claim against him initially was for items he stole from the property when he done the work.

[gezwee]

Hi

 

That's a bit muddled, do you want to sleep on this and come back to this tomorrow when you're a little more settled....

 

There was no court forms issued regards the part 20 claim, rather he said in court he wanted to sue for the sum for work done and not paid for. I was with the original claimant in court for the original hearing and he shifted the blame to me, saying I directed the work and told him to do it all....... Work for claimant or for you?

 

The judge said well we will have to add her name to the claim now, and that was it, I was a defendant....... somethings missing, at which point did you become a defendant in a joining at part 20?

 

The original claimant is one of my best friends and feels guilty I have been brought into this for trying to help her.... Have you ever instructed/authorised works on behalf of your friend?

[Hadenoughofthis]

Believe me I dont sleep about worrying about this.

 

I was in court with the claimant for the first case management hearing. The defendant said he took the items for payment for work he done and wasnt paid for and that he was countersuing the claimant for non payment of work completed. He told the judge I instructed him (the defendant) to do the work. The judge then said, well we best add her to the claim. I then became a part 20 defendant, without having been issued with any of the papers you listed above. Does that help clear it

[Hadenoughofthis]

Oh and yes I was instructing and paying for the work on the house as I owned 50% of it at the time. But he has not done the work he has claimed to have done. He even said to the court he cut a tree down in the gardern and took it to the skip, which he charged nearly three thousand pounds for. HOWEVER, the neighbour has came forward and advised me that she asked for the tree to be cut down as it was a security risk to her property and that SHE AND HER HUSBAND had cut it down and her son burned it in their wood burner.

[Hadenoughofthis]

There was no court forms issued regards the part 20 claim, rather he said in court he wanted to sue for the sum for work done and not paid for. I was with the original claimant in court for the original hearing and he shifted the blame to me, saying I directed the work and told him to do it all....... Work for claimant or for you? = Work was for the claimant directed and paid by me.

 

The judge said well we will have to add her name to the claim now, and that was it, I was a defendant....... somethings missing, at which point did you become a defendant in a joining at part 20? - At the case management hearing. He sent in a counterclaim against the claimant, but at the case management hearing the judge added my name to his counterclaim as I instructed him - no papers or anything sent to me. Incidently it took my friend over a year to track him down to sue him for the costs of the goods missing and it was only when he sent in his defence that he said he wanted paid for work done, there was never any mention of this before, only when he sent his defense to the court

 

The original claimant is one of my best friends and feels guilty I have been brought into this for trying to help her.... Have you ever instructed/authorised works on behalf of your friend? Yes and paid for everything instructed/for all materials purchased and I have abided by all agreements made

[gezwee]

Right......... it pays to provide as much info as possible on here from the first post onwards as it can/does impact on the advice offered

 

if you can post back on here tomorrow, we'll need to know the following [apologies if you've already posted this info]; 1 & 2 I'm assuming you'll have easy access to:

 

1. Particulars of claim

 

2. Defence

 

3. Number of reliable witnesses in support of 1 [above]

 

4. Any verifiable quotations for works done

 

5. Any verifiable quotations for works not done

 

6. Current orders/directions

 

7. Date of hearing [if any]

 

Gez

[Hadenoughofthis]

Can I give such paticulars on here, surely that would effect my claim.

[gezwee]

Can I give such paticulars on here, surely that would effect my claim.

 

 

You can post pretty much whatever you want if its lawful and the source is reported verbatim [word for word], remember to remove any/all identifiers...... name, address, claim number etc

 

Gez

[Hadenoughofthis]

Have all these details, but too worried about printing them on here, especially hearings dates, orders etc. If he is reading them he will know who he and I am.

[gezwee]

Okey dokey......... that's a difficult one for me as I personally don't like giving advice by private messaging.

 

Wait to see if anyone can offer suggestions for a way forward.

 

Gez

[Hadenoughofthis]

Will say the case is to be heard week beginning 23rd Jan 2012.

[Hadenoughofthis]

Would like to thank everyone who gave me advise, the claim against me was thrown out of court today, thank you all

[The Mould]

Would like to thank everyone who gave me advise, the claim against me was thrown out of court today, thank you all

 

Good er, early morning Mrs H

 

£48,000.00 Counterclaim struk out, Godzilla to that!

 

Kind regards

 

The Mould

[The Mould]

Good er, early morning Mrs H

 

£48,000.00 Counterclaim struk out, Godzilla to that!

 

Kind regards

 

The Mould

 

Slight error, £19,000.00 Counterclaim struck out, sooooo, I still say Godzilla to that, a great result for Mrs H.

 

Kind regards

 

The Mould