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    • Hello all,   I ordered a laptop online about 16 months ago. The laptop was faulty and I was supposed to send it back within guarantee but didn't for various reasons. I contacted the company a few months later and they said they will still fix it for me free of charge but I'd have to pay to send it to them and they will pay to send it back to me. The parcel arrived there fine. Company had fixed it and they sent it via dpd. I was working in the office so I asked my neighbours who would be in, as there's been a history of parcel thefts on our street. I had 2 neighbours who offered but when I went to update delivery instructions, their door number wasn't on the drop down despite sharing the same post code.  I then selected a neighbour who I thought would likely be in and also selected other in the safe place selection and put the number of the neighbour who I knew would definitely be in and they left my parcel outside and the parcel was stolen. DPD didn't want to deal with me and said I need to speak to the retailer. The retailer said DPD have special instructions from them not to leave a parcel outside unless specified by a customer. The retailer then said they could see my instructions said leave in a safe space but I have no porch. My front door just opens onto the road and the driver made no attempt to conceal it.  Anyway, I would like to know if I have rights here because the delivery wasn't for an item that I just bought. It was initially delivered but stopped working within the warranty period and they agreed to fix it for free.  Appreciate your help 🙏🏼   Thanks!
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    • Hi Guys, well a year on and my friend has just received this in the post today, obviously a little scared so looking for more of your advice.  Letter from the NCC dated 1-May-2024 is as follows.......   Before deputy district judge Haythorne sitting at the national business centre, 4th floor st Kathrine's house Northampton Upon reading an application from the claimant  it is ordered that  1. The claim be sent to the county court at #### (Friends local Court) Because this order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed.  A party making such an application must send or deliver the application to the court (together with any appropriate fee) to arrive within seven days of service of this order.  If the application is one which requires a hearing, and a) the party making the application is the defendant: and b) the defendant is an individual, then upon filing of the application the claim will be transferred to the defendants home court.  In all other cases requiring a hearing the claim will be transferred to the preferred court.    As a result of an order made on the 1 May 2024, this claim has been transferred to the county court at ##### (friends local court) 
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Roofer did shoddy work and has now filed court claim against me


Kinger122
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  • 2 weeks later...
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Mike,

Kingers pockets are "Stitched right up"

 

That roofer is gonna have to "Rip Kingers strides" clean off of him !!

No Chance :wink:

 

 

Hi everyone. I have still received nothing from the court. I'm still sitting in limbo land!

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  • 2 weeks later...
Still with you. ...

Working on something my end at the moment so can't talk.

 

I have some news at last! A court hearing has been set on the 1st August for 30 mins. what do I do now? (if anything).

 

There was no additional information. It would seem to me the court does not want to spent much more time on this case. Does this mean its unlikely the judge will want to allow an expert do be instructed?

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hopefully maybe its just enough time for the j to tell the other side to bog off :)

maybe a pre/directions hearing though re the app'ns?

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I've read this from start to finish and can unfortunately only offer my sympathies to Kinger, for what is obviously a stressful and disheartening experience.

 

I really don't see how people are supposed to have faith in the legal system when contractors are apparently free to ignore contracts and produce shoddy work, then have the backing of the courts when they demand payment for the rubbish they've produced. Shocking.

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I've read this from start to finish and can unfortunately only offer my sympathies to Kinger, for what is obviously a stressful and disheartening experience.

 

I really don't see how people are supposed to have faith in the legal system when contractors are apparently free to ignore contracts and produce shoddy work, then have the backing of the courts when they demand payment for the rubbish they've produced. Shocking.

 

Thanks for the replies and support. Is the only thing I can do now is just make sure I take a copy of my court application to the hearing?

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  • 4 weeks later...

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fingers crossed

 

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I've just got back from the court. First of all the good news.

 

 

THE CASE HAS BEEN DISMISSED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

However it was not based on the strength of my case. That's right, I still did not win based on the seemingly endless paperwork to back up my side.

 

 

The Claimant did not turn up. The judge was trying to argue the Claimant's side. He said why did the building inspector not attend when the Claimant attended, despite the attendance of the inspector being the responsibility of the Claimant.

 

 

The judge said that he was dismissing the counterclaim and would not reinstate it. He said that we should have appealed, despite him saying at the prior hearing that we could only appeal on inconsistencies regarding the interpretation of the law.

 

 

I am pretty disappointed and upset as this seems to be a joke. The advice I received on here which I believe to be true was I had no grounds to appeal, yet the judge now said that I should have. The judge did not want to know about anything further and only dismissed the case when I said that I wanted to pay myself in full for an expert witness.

 

 

Can I now start a new claim against the roofer for damages to the internal work? Because the counterclaim was dismissed does that mean I can never make a new claim against the roofer for the same thing? I am really confused here.

 

 

Lastly but definitely not the least. Thank you all for all of your selfless and never ending help and support. A special word to F16 who has offered so much of his time and help unreservedly.

 

 

Thank you all once again. Whilst this is not a complete success it is definitely not a failure.

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That's great news Kinger... now to engage a decent builder to lift the tiles and get the job done properly.

 

Don't get hung up on the counter claim issue, its the sort of dispute that can rumble on for years with no real winner. You have your original build costs in the bank, I think I'd spend a few bob on a toast to the DJ and the rest fixing your home whilst the good weather is with us.

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I've just got back from the court. First of all the good news.

 

 

THE CASE HAS BEEN DISMISSED!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

 

 

However it was not based on the strength of my case. That's right, I still did not win based on the seemingly endless paperwork to back up my side.

 

 

The Claimant did not turn up. The judge was trying to argue the Claimant's side. He said why did the building inspector not attend when the Claimant attended, despite the attendance of the inspector being the responsibility of the Claimant.

 

 

The judge said that he was dismissing the counterclaim and would not reinstate it. He said that we should have appealed, despite him saying at the prior hearing that we could only appeal on inconsistencies regarding the interpretation of the law.

 

 

I am pretty disappointed and upset as this seems to be a joke. The advice I received on here which I believe to be true was I had no grounds to appeal, yet the judge now said that I should have. The judge did not want to know about anything further and only dismissed the case when I said that I wanted to pay myself in full for an expert witness.

 

 

Can I now start a new claim against the roofer for damages to the internal work? Because the counterclaim was dismissed does that mean I can never make a new claim against the roofer for the same thing? I am really confused here.

 

 

Lastly but definitely not the least. Thank you all for all of your selfless and never ending help and support. A special word to F16 who has offered so much of his time and help unreservedly.

 

 

Thank you all once again. Whilst this is not a complete success it is definitely not a failure.

 

Kinger,

 

I'm with "Mike" . That is great news. .....

You "WON" on "Default" (Claimant failed to show up). .....

 

Was he ill ?

Was there an earthquake ?

A tidal wave ?

 

No he failed to "show" because he read the "weight" of evidence in your "bundle" and bottled it.....

No Building Inspector as a "witness". (Like that was going to happen).

 

He is on the "Run". You've got him "Hooked".

 

You "Blew both his legs off" today !!!!!!!

The "Head shot" is up to you.

 

Like I said back in post #288. "The show a'int over till the fat lady sings"

 

You won today.. So "tip a glass to the DJ".

 

You know I'am. ....

F16

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  • 3 months later...
the same facts, re their prev claim which they didnt turn up to the trial. and their claim was struck out?

 

Yes. They didn't turn up and the claim was struck out. This claim makes reference to the previous claim and seeks breach of contract and interest

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they shld have difficulty in pursuing the same claim eg poss re abuse of process, res judicata?. their fault they didnt turn up, and didnt object in time to the strike.

wait see what others say

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