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Thank you. I just hope they don't try a huge counterclaim as insinuated! I'll get this off now........

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that is the joys of contracts, if they dont have an obligation in their original offer of work then they cant claim one now. Counterclaims can also get a full costs order against the person making it if that claim is seen as just a method of trying to dissuade the claimany form continuing rather than actually having any merits. In your case I wouild say that is not an automatic assumption so prepare your evidence on the assumption all ths muck will be raked over

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He is reluctant to proceed now as he says they will do ANYTHING to save a few £££!

 

Looking back through this thread, my son does not appear to have ever had anything other than a verbal contract with the construction company. The Exchequer people act as an agency to pay sub-contractors, and I am not 100% sure that we shouldn't be suing them! I'm going to phone them tomorrow......

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You miss the poinmt, if thye counterclaim it will look like an act of revenge so that would be the best thing to happen under the circumstances as your son would get a costs order as a matter of course.

Contracts can be verbal, the time he was there shows the merits of their rants and do you seriously think that they would be "showing a clean pair of hands" if they di try and use these points in a defence.

 

To me it looks like so many other problems raised on this site by well menaing relatives of friends. the person who is suffering the wrong cant be bothered to do the donkey work themselves for whatever reason and we end up wasting our time and effort. If he wants to keep having muck shovelled on him then that is up to him but bear in mind, if the claim has been issued they will come after him for wasted costs if he then drops the matter because he cant be bothered to go through with it.

The agency doesnt employ him, they are just a payment gateway. By all means name both to begin with but not them on their own. Think about what paid work is and you will see that it is the building co who is the meployer, they decide the hours the where and what is done etc and can say dont come in towmorrow, your are not wanted

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Too much story keep it factual to what you are claiming for.....you can particularise later in the process.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07

 

See 16.2 in the following...

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.2

 

Regards

 

Andy


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Too much story keep it factual to what you are claiming for.....you can particularise later in the process.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07

 

See 16.2 in the following...

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16#16.2

 

Regards

 

Andy

 

Thank you Andy, you're not referring to my revised POC in post 24 though are you?

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Thank you Andy, you're not referring to my revised POC in post 24 though are you?

 

Yes


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Yes

 

It's 3 sentences! Also advised by ericsbrother. I really don't know how I could shorten it further?

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Its fine now...when I last looked yesterday it was 6 Paragraphs


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Possibly due to the size of the print, I have now found a self employed contract for services.......

 

4th line down reads "You are obliged to correct any defective work in your own time without payment". My son is still adamant his work was without fault, although is still adamant that the construction co. would go all out to damage him for spite.

Self employed contract.pdf

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That would ony apply if any substandard work was pointed out to him at the time. Inventing a snag list as long as a motorway after the event isnt going to impress anyone.

Dont forget, judges see hundreds of claims a year covering just about any conceivable situation. they can smell bull**** a mile away so a vindictive response will not go down well. If your son is being honest then that will come across in his answesr to questions. any smarta*** or evasive answers will cause the judeg to consider whether the application of the truth to other areas of the case is an issue. Likewise, if they strat going off on one then the same thought will cross the judges mind as I have laid out here. unreasonable or vindictive behaviour equals a hefty costs order but we will cross that bridge when we come to it.

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