Received Court Claim from Builder

[HP Mum]

I'm sorry mariner51

I have lost my mind a bit.

[HP Mum]

I have searched the forum but can't find definitive answer.

If the claimant does not send me the dq by the determining date then what happens?

If late - ie I receive their dq a few days after the court deadline - can i ask for the claim to be stayed?

Or if even a few days late the judge will take a view?

 

If claimant does not send the dq to the court by the deadline is it automatically thrown out? Or again the judge may be lenient?

[dx100uk]

staying is auto not something you can ask for..

 

a few days late wont matter..

 

unless you mean strike out..

[HP Mum]

Oh - can I ask for it to be "struck out"? Just because the DQ is not received by the due date?

(I guess like a certain footballer just successfully argued in court yesterday??)

[HP Mum]

Not received any dq from the Claimant.

 

Checked with royalmail and my dq been received by court and claimant. But court receipt has not been uploaded on to court system yet.

[HP Mum]

I checked other threads here.

 

Found this:

 

Home»Courts»Procedure rules»Civil»Rules & Practice Directions»PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

PART 26 - CASE MANAGEMENT – PRELIMINARY STAGE

 

7A) If a claim is a claim to which rule 26.2A applies and a party does not comply with the notice served under rule 26.3(1) by the date specified –

 

(a) the court will serve a further notice on that party, requiring them to comply within 7 days; and

 

(b) if that party fails to comply with the notice served under subparagraph (a), the party’s statement of case will be struck out without further order of the court.

 

(8) If a claim is a claim to which rule 26.2 applies and a party does not comply with the notice served under rule 26.3(1) by the date specified, the court will make such order as it considers appropriate, including –

 

(a) an order for directions;

 

(b) an order striking out the claim;

 

© an order striking out the defence and entering judgment; or

 

(d) listing the case for a case management conference.

 

SO - does this mean that the deadline isn't really a deadline???

That the court will give the claimant a further 7 days to submit their dq? (And if not received by then, it will be struck out)

Or can I just write and ask for the claim to be struck out because the claimant missed the dq deadline? A deadline is a deadline right??!!

[honeybee13]

SO - does this mean that the deadline isn't really a deadline???

That the court will give the claimant a further 7 days to submit their dq? (And if not received by then, it will be struck out)

Or can I just write and ask for the claim to be struck out because the claimant missed the dq deadline? A deadline is a deadline right??!!

 

I'm sure legal brains will be along soon, but from what I've read on our legal and other forums, some leeway is given with submitting papers. Please bear with us until the people in the know can get here.

 

 

HB

[HP Mum]

I received papers 4 days late.

 

However, clearly the specified deadline being missed did not matter to the courts as I now have been given a tentative mediation appointment. Before that gets confirmed the mediator wants to talk to both parties. So I need to prepare my case over this next week; need to be very clear on why I do not accept his bill; need to be very clear on the issue of Severance.

[HP Mum]

update:

I have a mediation call scheduled for late this week.

 

I am going to work on my defence over next 2 days - so I am clear of my line of argument against his bill.

 

poor quality of the work

the plans which were submitted were incomplete

the contract is "not a severable" contract

the claimant is not entitled to levy a pro rata charge - on basis that a new planner can not simply add the missing parts to the claimant's drawings / the project has to be started again from scratch.

 

I am just not 100% clear on what "severable" and "not severable" means??

I have looked it up. I am just not sure about it. But understand enough to realise it is a strong line of argument to follow and discuss with the mediator.

 

one other thing - will the mediator understand? If the mediator doesn't follow this legal line of defence then perhaps this will need to go to court anyway?

[HP Mum]

Is this correct??:

 

Severable = a service that is recurring, where someone realizes a benefit at the time, even if the contract has not been completed. If such service can be separated into components that independently provide value to someone's needs, it is considered 'severable'

 

Non-Severable = a service that is a single under-taking, which can not be feasibly separated into components, where someone does not realize a benefit at the time. If such service needs to produce a single or unified outcome, product or report it is considered 'non-severable'.

 

So - my builder's 'service' was to provide drawings. Such drawings would subsequently be used for further research and to obtain pre-planning/ planning permission. With incomplete drawings the 'service' was of no benefit to me - and is thus considered 'non-severable'.

Is this right?

 

Without correct drawings, the builder couldn't do any other work. Yet, upon checking the figures, he has invoiced me for 60% of his quote.

I have to be clear on my line of 'argument' - by end of today.

 

I think it boils down to - he did do drawings but they were incomplete - could I use the incomplete drawings to give to another builder/ surveyor? - Maybe - but most builders would probably not want to rely on another builder's measurements/ drawings. So would a mediator consider I should pay something towards what he drew or not? Do his drawings have any value to me in current state? That's the million dollar question...

[AndyOrch]

Thats my understanding of Severable and Non-Severable

[HP Mum]

Thanks Andy