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    • OK, I've sorted out using the correct terminology to refer to the parties.   The original document was absurdly long and filled with waffle. I reduced it. Then MiE did so further – twice. I've continued on the theme and have merged (13) & (14) as I don't think we need to go into detail of why a £2000 payment because £1500, it'd just confuse the judge.  Feel free to disagree!   I've sorted out the new numbering and references to paragraph numbers.   IMO (16) needs beefing up to explain why the builder disappeared, but simeon seems to not want to explain this properly, so so be it.   Apart from that it looks about ready to go.   Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The inspector was obviously very displeased by the standard of the Claimant's work.  The inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The building inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.  The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3300. (See receipt at Attachment1).   11.  The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant  £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspects either belonged to him or had been paid for by him in connection with Project 1.  When challenged the Claimant admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Attachment 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Attachment 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed at Attachment 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Attachment 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £nnnnnnn {Simeon - put in the actual total amount here) in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in para 16 above; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above; and (d)    the cost of the steel beam referred to in para 14 above.   A receipt in respect of item (a) - see Attachment 1 - and two priced quotes in respect of items (b) and (c) - see Attachments 6 and 7 - are attached in support of this counterclaim.
    • If you look at your credit file..what debts show that youve not recently paid or not paid in a longtime?   might give a clue?
    • Hi I'm after some help with trying to get my wedding car hire deposit returned. I'll provide a bit of a chronological background to try and keep things clear. January 2020 - Began booking church, venue and other services for our Wedding for 29th May 2021 - 100+ guest during the day, and 200+ on the night. 25 Jan 2020 - Attended Exclusive Wedding Cars (EWC herein). Booked and Paid deposit for 1 Beetle and 3 Camper Vans = £400. Corona came along and we were in and out of lockdowns. Competitions and Markets Authority (CMA) brought out some guidance for Wedding Services 7 Sept 2020. In mid January, we got back in contact with EWC via text, expressing our concerns over the wedding and Government imposed Public Health measures(we were currently in lockdown and no idea when things would return to normal), and that we were looking to move the wedding forward 1 year. 3 Feb 2020 - Emailed to cancel our Wedding date of 29th May 2021, after text had been sent and Steve replied asking for it to be sent via email. We asked if 28th May 2022 was available. 5 Feb 2020 - EWC replied to say they could not fulfill our new date due to other commitments. 7 Feb 2020 - We replied that we would have to cancel our booking with EWC, but would be in touch if dates changed again. 22 Feb 2021 - Government published Guidance (Roadmap out of Lockdown) - Stated, “Not before 17th May…Up to 30 people will be able to attend weddings…”. *Note again our wedding was for 100/200+ guests at the Stadium of Light, so not reasonable to have the same venue for 30 people. 5 Jan 2022 -  Called and spoke with Steve to see if they had any availability (any cars at all) for our date. He was driving and so couldn’t confirm.                         Exchanged some texts on the same day to which he replied in the evening, that they had nothing, but to keep in touch due to cancellations. 15 Jan 2022 - Started an email thread asking about deposits and their return. EWC went straight on the defensive saying we wouldn't be getting it back and we should check the contract. We asked for a copy as we were not given a copy when we booked. 17 Jan 2022 - Emailed to ask for the return of our deposit. EWC replied that since we cancelled within 4 months of the wedding date, they now wanted the remaining balance of £850, and we should check the contract. We asked for a copy of the contract again, and that we would seek legal advice. EWC replied with ever increasing sarcasm, saying we would receive notice demanding the remaining balance of £850 in the post. I replied that if they didn't supply a copy of the contract I would send them a SAR.   20 Jan 2022 - Sent a letter via Post and email, asking EWC to reconsider their position. We stated we believe the contract to have terms that would be deemed unfair; terms that were not clear; there is a ‘Significant imbalance’ concerned with the parties’ rights and obligations, which can be seen as disproportionate financial sanctions; their ‘Terms and Conditions’ appear to seek to remove the consumers rights, while removing their obligations, but allowing them to make an unjustified windfall gain. We also stated that we believe the guidance and statements by the CMA, suggested that since the wedding we had planned couldn't go ahead (we'd be breaking the law with the numbers we wanted) on our planned date, and that a reasonable person wouldn't expect the wedding to go ahead when we cancelled the date, that we should receive a full refund as they were not out of pocket. We gave EWC 14 days to respond...it took them 6 hours, basically refusing our request while coated in lashings of sarcasm and arrogance.   I'm guessing my next step would be Letter before Action? Any help much appreciated. Attached is the "Contract" - removed the signatures, but you can see the whole contract. The booking form has no Ts&Cs or costs of any kind, just addresses, personal info and the vehicles.     EWC-Contract.pdf
    • The firm's shares fell more than 20% as investors worry that demand for its pricey exercise machines is waning.View the full article
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Erudio - Sent me my slc CCA - now Court Claim


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But you are still not sure if this is a full hearing or just to hear their application.....don't count your chickens just yet.

We could do with some help from you.

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indeed thanks Andy

 

But right now the court is closed and ive heard nothing? What does this mean?

 

The telephone line literally says 'we cannot answer your call, please try later'

 

Shall i drive down there?

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Okay,

I finally managed to get hold of the court. They said they had not received my email with my details. I then showed proof by forwarding my email again, and they said that they would have to wait for the file to come back to the desk.

 

Then depending on the outcome, they would forward the judge my email. Essentially they thought that I hadn’t bothered sending anything in which is why I was not called.

 

I am annoyed but more concerned about what are the possible and probable outcomes of this. They mentioned it may have been dismissed or adjourned, but of course anything could’ve happened. However they did confirm it was an application hearing.

 

Any help guys would be great as I am a little frustrated.

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Spoke to the court today

 

There has been an order imposed. There will be a hearing for the claimant for summary judgement. Im trying to understand what this means. I was advised once i receive the letter i can make an application to set aside.

 

Guess i will post back here once i have the court order.

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Its all in their N244 application notice which you previously uploaded (Post #188)...they applied to lift the stay and requested summary judgment....now your waiting for that hearing.

 

 

 

.

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We could do with some help from you.

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Ok thanks Andy,

 

its just the way the lady read the order to me sounded like their was no hearing for me to attend, and that it was just a hearing for costs to be awarded. But what you say makes more sense and what i presumed would happen.

 

She mentioned something the letter said about the defendants defence being submitted late, which is was not, i have the dates on MCOL, thats what threw me off. Maybe she read it wrong or i heard it wrong, or just not clear about the wordings. Trying to learn but its alot. After what you say, i think i get it now.

 

I guess i will wait for the letter and ill post up.

 

Apologies for posting early/alot, just frustrated this has happened and im left in the dark.

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No problem .....it has been a complicated process to the norm...what you really wanted to know and have confirmed is what happened at the last hearing. ?

We could do with some help from you.

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So we are to assume they got the stay lifted....and now we move to second part of their application Summary Judgment....assuming that wasn't allowed ?

 

Once you have a hearing date again you must submit a statement in response with objection...this must be filed and served not less than 7 days.

We could do with some help from you.

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She mentioned the stay was lifted, and order of summary judgement? I did ask are we going to the hearing, and she said it is an order for summary judgement for costs for the claimant. I was trying to understand what she was saying but it was very rushed and repetitive. This was the court front desk i believe, so im not sure how versed they are in these matters. But she also mentioned 'dismissed', something to do with the defendant. She said i could make an application to set aside, but this was in response to me stating i should have been on that call which was the courts error.

Sorry it really confused me, but just seems a contradiction.

 

Unless its possible the order would just award their claim and they would have a hearing without me to determine final amounts (which is how she tried to interpret, but seems odd), then yes im presuming we now move to the second stage, i submit my response again in objection... and then hopefully a hearing is set, right? But i think last time i did that prior to the appliucation hearing. Before the actual hearing i simply submitted my Pdf bundle/witness statement.

Otherwise the judge would have just awarded them the claim, but is this possible? They have tried to argue in their application it should not go to a trial/hearing.

 

It is indeed quite complicated. i've been trying to understand terminologies/procedures. I've gone back through all the court letters:

History:

- claim

- defence

- stayed

- Then the first time they made the n244, within the application i had 7 days to submit a response. We then had a hearing application, the judge decided on the call we would move to hearing. I submitted my bundle and we had the hearing. Hearing was set aside.

 

- This time, the n244 didn't have any notice of submitting anything within 7 days, i think i posted here and it was nto required this time. Application acknowledged, application hearing date set for last week, took place without me (not my fault), and now we are here.

 

Looking over their applications, they have requested;

- the set aside be lifted

- the summary judgement be relisted

 

The same as before, so my understanding is the judge could/would have at the worst granted them this, and there will be a new hearing? But a summary judgement definition seems to mean 'there are no other facts to be tried'.

 

They said the letter will be posted today so fingers crossed it comes sooner rather than later!

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That does not sound very promising at all...alarm bells ringing..

 

" it is an order for summary judgement for costs for the claimant."

"But she also mentioned 'dismissed', something to do with the defendant. "

"She said i could make an application to set aside,"

 

Normally the lifting of the stay and summary judgment are dealt with at one hearing I wouldn't be surprised if they have their SJ but then again you was not called on the hearing so an error somewhere by the court which would validate a set a side.

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Letter has arrived

 

Ok so after reading, my assumption this is somewhat better news? It seems from the wording 'lift for the hearing of the claimants application for summary judgement .... on a date to be advise'

 

This would mean we are returing back to the stage of hearing previously set aside, which would mean i will have an opportunity to submit my WS etc again and defend myself, correct? Or is this different?

 

 

 

 

2021-11-xx general form of judgement or order.pdf

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Yes good news they don't have their SJ yet.:roll:

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We could do with some help from you.

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  • 2 weeks later...

Update:

 

Court letter received. its a face to face hearing now. It hasnt mentioned any directions/guidelines, or submission of supporting evidence/bundle/WS etc?

 

it did say in the previous letter 'and upon the stay being automatically imposed by operation of CPR 15.11 the defence was not served until 20 july 2020'

- Does this mean i do not have an opportunity to defend or im reading too much into this now?

 

I've never been in a court hearing, only remote hearings so not sure how the procedure is. I'm sure in one of the first letters to me, it did have guidelines for face-to-face hearings, with notes stating to send any information you rely on court to each party within 14 days of the hearing. However this hearing is in about 14 days from now already.

Ct Letter.jpg copy.pdf

 

Something else i just noticed is the date of my defence is completely wrong. My original claim defence was submitted via MCOL and acknowledged in June 2019.

My defence to the the first applciation to lift stay was in November 2020 as they made their application 12th Nov 2020.

 

So im not sure what this judge is referrring to here.

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well you certainly do not enter into any little 'chats' with the fleecers before you go in!!

 

you've chopped off the number of the form at the bottom?

 

can you please also stop hiding dates times and figures   like£'s.

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Quote

the defence was not served until 20 july 2020'

- Does this mean i do not have an opportunity to defend or im reading too much into this now?

 

They are referring to the claimants response to your defence...also known as a defence...hence the stay was placed on the claim

We could do with some help from you.

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Spoke to the court today regarding submission of defence/WS etc. They said to send in as quick as possible. The hearing is on the 13th, so even if i post tomorrow it will not be received by them and the claimant within the usual 14 days, it will be 13 days. Is this ok? i dont really have a choice, i only got the letter yesterday.

 

A few questions please:

 - should i send to the claimant and the claimant solicitors or just the solicitors? The PDF bundle previously was sent from their solcitors and i sent to their solicitors.

 

1 - i am going to update the pack with the recent documentation from the hearing application, court letters. Is there anything else to add?

2 - can i add the below articles to my WS/exhibits?

 

https://www.theguardian.com/money/2016/apr/08/student-loans-firm-erudio-leaves-graduates-fuming-over-latest-error

 

- https://www.moneysavingexpert.com/news/2016/04/student-loan-deferment-forms-missing-in-latest-erudio-blunder/

 

Any other help would be appreciated as im going to try get this posted in the morning special delivery, hoping i can catch the saturday post.

 

Thanks again

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you can surely use email? and where has 14 days come from? it's typically 7? or even 2 days.

 

 

 

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please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the reply DX100uk

 

The lady said hard copy asap. I recall a previous letter with guidelines stating 14 days. i'll certainly submit an email version also as courtesy.

 

If its 7 or 2 days, then fantastic

 

but i also found this

'Accordingly, in the absence of a specific direction, witness evidence should be filed with the court at least 14 days before the final hearing date. statements. As per CPR 32.4(2), the court will order a party to serve witness statements on the other parties.'

 

https://www.lexisnexis.co.uk/legal/guidance/in-relation-to-witness-evidence-under-the-civil-procedure-rules-what-are-the-time-limits-for-filing-a

 

i have however found this:

1 Oct 2020 — 17.1 The witness statement should be headed with the title of the ... that the claimant must file the trial bundle not more than 7 days and ...

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part32/pd_part32#witness

 

but i cannot find that tect in the actual web page, i have found though:

AGREED BUNDLES FOR HEARINGS

27.4 Rule 39.5 provides that the claimant must file the trial bundle not more than 7 days and not less than 3 days before the start of the trial.

 

so slightly confusing

 

Edited by patterns
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Summary judgment hearings are 7 days...see CPR 24.

 

 

24.5

(1) If the respondent to an application for summary judgment wishes to rely on written evidence at the hearing, he must –

(a) file the written evidence; and

(b) serve copies on every other party to the application,

at least 7 days before the summary judgment hearing.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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Thanks Andy,

 

It will be posted special tomorrow. I was waiting on something from the other side, however today i received a letter from Drydens simply informing me of the hearing date and that 'our position remains unchanged'

 

I have simply updated the previous Bundle to reflect new letters received etc.

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