Bifolds fitted at incorrect floor level *** Judgment plus Costs***

[conflyer]

I agree it has taken forever for Court to set dates and the case is never ending, which is inconvenient and stressful. The App. Hearing letter did not ask for anything further.

 

The only thing is my letter last April asking the Defendants to share the documents they referenced in their Def & CC, to which they did not respond. 

 

They have either confused the scope of the hearing or served a bundle prematurely assuming they can bring up the whole case. Eitherway, it is now apparent their line of argument is nasty and misleading.

 

My WS are approximately 8 pages long with some exhibits plus the report.

Would it still be good practice to submit a Draft Skeleton Argument with Court Timeline and points relating to report and Defendant bundle about the App. Hearing?

[AndyOrch]

No harm in preparing points for yourself.....but it shouldn't really be required for this type of hearing...I agree the defendants really do not know what they are doing and they think its a trial hearing...not a hearing to simply decide expert evidence.

[conflyer]

49 minutes ago, Andyorch said:

No harm in preparing points for yourself.....but it shouldn't really be required for this type of hearing...I agree the defendants really do not know what they are doing and they think its a trial hearing...not a hearing to simply decide expert evidence.

 

Thank you for the feedback and mostly for engaging in this endless case.

 

While discussing the matter, this may have slipped through in my earlier post #169 no.2. The director's letter filed with the Court states that "the claimant's name email wording on XX date is borderline blackmail" and continues with further points attacking my personal character and motives.

 

I am not sure if they understand what they are suggesting but to my understanding this is implying a criminal allegation in a document addressed to court. It is also referenced "enclosed" in the Defence form signed by a Statement Of Truth. 

 

Any thoughts on this and if to bring up with the judge?

[AndyOrch]

Possibly at a later stage...but not at the application hearing.

[conflyer]

Thank you, I have taken note of this.

 

At this point I cannot see why the case should be disposed off at a trial and mount up more costs. The company bundle discloses their own surveyor notes, showing the height dimensions agreed on contract which is what  I supported all along. Also hand written notes denote the intended manufacture height.

 

They clearly demonstrate error for the actual fitted system against those notes and the agreed contract. I feel they have wasted an enormous amount of  my time.

 

Any thoughts? Action forward? The company is exploiting the poor court service to drag its feet on the case for months. The case trial could be set many months away.

 

Application hearing is tomorrow any tips most welcome. A bit nervous on presentation skills and the poor reviews about this court.

[AndyOrch]

Simply present your facts and as to why a Expert Witness statement and report is required...the Judge will not have any knowledge of Bifolding doors so its should be a fait accompli.

 

As for shortening the process the only other option would have been to make an application for Summary Judgment...but again you would have to shell out a further £255.....and not guaranteed in recouping it back in costs.

 

Andy

[conflyer]

I had the application hearing today, the report was accepted in a brief hearing.

 

The judge was fairly uptight but probably trying to come across balanced. They asked the Def if they objected to report admitted and said they did not ( but they personally told me outside they plan to contest it at trial as it means nothing to them)

 

The judge admonished the Defendant for not filing the material with a Witness Statement. The director did not appear to understand the process and indeed walked in for a full trial with  bundle.

 

However things got a bit complicated, the judge asked for a recess and instructed parties to enter negotiations again using a room at the court for half hour. With a view to find a middle ground and save on having the future trial. This has confused matters for me as I did not t expect to speak with the Director in person. Given the circumstance, I did not want to come across as an uncooperative party to the judge, there wasn't much latitude for talking and it would likely work to my detriment if I objected.

 

The judge went on lecturing for a bit, they said we may both have set out our cases and feel confident about the grounds but he is the one to ultimately decide. If this proceeds to trial either of us could win or lose their case and/or suffer costs. I am not sure why they said this and instructed to negotiate again, fairly sure they would not have time to read the entire bundle of the Defendant. As we fell out with the other side 1.5 years ago and months of pointless emails, I could not see the point.

We discussed on friendly tones but agreed that we disagreed. They still won't admit error and came back with the same "goodwill" proposal, to move the system but not make good after. They propose to visit with their own builders to quote/quantify a better rate than our claim. Their key argument is that our builders overseeing the project should have notified them of the issue before finishes were applied around the doors. There may be some merit in their argument but I don't see how to escape "liability" of fitting the product as per contract in the first place. It will be up to the judge and may award some costs.

 

I explained to them it sounds unreasonable to allow their return after 2 years of dispute and 1 year in court, accepting to pay a builder they propose on top. In any case, I do not want to appear as not genuinely trying, this will go on record and trial costs may be affected. Even if we somehow entertained this idea it entails some serious implications to future disputes or the Claim. I cannot imagine anyone accepting this but I don't know how the judge will see this.

 

One thing was clear, that they are acting out of spite and have no issue going forward with trial. I am fairly sure they do not bother because the cost of the claim is small to them as a company.

 

Last they proposed if I withdraw the Claim they will be withdrawing the Counterclaim. That would take us back in the same place as 1 year ago plus my costs for court and expert and infinite wasted time...
 

We were called back in the courtroom and informed the judge that more time is needed to discuss if we can resolve. The judge provided 8 weeks after which they will arrange trial. I am not sure what order will come out in the post.

 

[AndyOrch]

Quote

I had the application hearing today, the report was accepted in a brief hearing.

 

A fait accompli.....now you move to the next stage and await the courts directions.

[conflyer]

I received an Order from the court, just  the hearing points really

 

Upon hearing for the claimant and the defendant in person,

 

It is Ordered that

 

1. The claimant has permission to rely upon the report of XX attached to the application dated ZZ. Service of the report is dispensed with.

2. List for trial on the first available date after 8 weeks, estimate 2 hours - notice to follow.

3. The costs of the application be in the case.

 

It appears there was a backlog of a month between the order date and the date posted. I anticipate the trial may be months later, based on the court's history but it may well  be sooner.

 

Eitherway my Witness Statement draft is complete, I just need to index exhibits/evidence and iron out some details.

 

The other party is aggressively pushing their old position pre-claim as a negotiating stance. Same offer for correction works as goodwill , refuse to sign any terms into a consent order and expect me to pay all remedial damages! Oh and they want me to forget all the time loss and costs, so they can forget their counterclaim

 

Settlement offers rejected as a "threat", they just want to go on trial. no words to say.

[AndyOrch]

Quote

It is Ordered that

 

1. The claimant has permission to rely upon the report of XX attached to the application dated ZZ. Service of the report is dispensed with.

 

[conflyer]

A procedural question, should the hearing fee be paid before the hearing date is set?

 

In the notice of allocation (2019) the  direction is that "the fee must be paid at least 28 days before the hearing date" and no further fee warning would be issued. The fee is non refundable.

 

The last order above (2) states "notice to follow", I presume this would allow more than 28 days notice for the listing and fee to be paid?

[conflyer]

I received a Notice of Trial date from the County Court for this coming August.

 

The fee to be paid 1 month before the hearing, no further instructions at the moment and hearing may be conducted over the phone!

 

However, the case has been transferred from the local County Court to another County Court at the city centre some 25 miles away.

The paper states all correspondence from now on needs to be followed up with that County Court.

 

This must be due to covid closures but it has added extra inconveniences. Any thoughts?

[AndyOrch]

 

[conflyer]

This case has been going on forever and the Defendant seems to be doing everything they can to stall it.

 

Due to Covid the court sent out directions in July for preparing a PDF Bundle and  conducting the hearing on Skype.

 

I paid the trial fee of £170 and directions required parties to send bundles at least 48 Hours before trial to all parties email addresses.

 

After the submitting my bundle the Defendant suddenly replied by email showing an email they sent to court 2 weeks ago. They are asking to adjourn the hearing for a face to face hearing as they are not comfortable.  Somehow they did not deem necessary to CC me in?

 

I had to arrange time off work and went through significant hustle and loss of time to prepare this paginated PDF bundle with bookmarks. I find it  extremely unfair and want the hearing to proceed as I don't want to keep dragging on with the case. The Defendant has not disclosed anything new potentially seeking advantage.

 

There seems to be no response from Court on this matter yet. What options do I have now? Can the hearing still go ahead?

And what about my fees.

 

 

[AndyOrch]

Well they cant adjourn a hearing by submitting an email ...they must make application using the N244 with fee....ring your court and check if that happened and what is the current status re hearing date ?

[conflyer]

I will contact court asap but phones take forever.

 

Their email says court "advised" them to let me know. But how can the court do this, they should be sending new instructions out.

 

I also cannot see reasons raised as valid,

1. feel more fair face to face
2. not computer savvy (surely the company can use help on this?)

 

A section in hearing directions says if party is not comfortable to let the court know immediately. But this is really last minute and appears intentional. They knew the trial date since April and that remote hearing is primary option.

 

I have now paid, sent my evidence and WS without them submitting anything. It sounds unfair to me if the court doesn't instruct them submit all their evidence now.

 

I am actually not comfortable with personal hearing due to covid. And will have to incur more time loss, stress and printing costs again...

[AndyOrch]

If an application had been made the court would have served you copy.

[conflyer]

Thank you, I agree there should have been an application sent out.  It might be in the post but this is too late, technically court should be communicating by email now.

 

I will have to email the court as phone line is not an option.

[conflyer]

The hearing went ahead and the DJ ruled in my favour

 

I was awaiting judgement letter to confirm details but it took 6 weeks to come out!

 

A Skype link with access details was sent out 1 hour before hearing. The Defendants did not attend although email had clear details and phone-line to call into the hearing if needed. I borrowed a laptop and everything went smooth with the connections. The video was literally in the court room and was being recorded.

 

The DJ reviewed case material for about 40 mins, while admin officer attempted to contact the Defendants. He also reviewed emails to court and accepted as formal application, succinctly dismissing the Defendant's reasons to adjourn and deciding to proceed!

 

The hearing was brief, the DJ also accepted the report and noted the other party had not prepared a report. He ruled against the Defendants and awarded costs fo myr claim, court fees, application fees, expert report and attendance. All within SCT.

 

"Judgment for the Claimant against the Defendant in the sum of £ plus costs of £

 

It is ordered that the Defendant pay to the Claimant the sum of £ on or before XX September 2020"

 

Payment on order is overdue as letter was sent out after payment date. I hope they do read those before sending out sometimes

 

Will consider next steps as I have not heard or received anything from the other party since the hearing...

[dx100uk]

well done

don't mess around

if the claim is for greater than £600 send in HCEO.

 

contact The Sheriffs Office

i've used them several times.

[conflyer]

Claim & costs total around £4k

 

The judgement order just came out so not sure if I should allow a week for the Defendants to send payment? Didn't want to jump the gun too quickly.

 

What steps to take next?

[dx100uk]

judgement was passed 6 weeks ago

[conflyer]

Agree, I cannot imagine the Def not attending the hearing waited for 6 weeks to find out of the outcome.

 

Also I rang the court and nothing has been filed or paid at this point. I should also add that Def & CC were struck-out.

 

Would you start HCEO process immediately? I just don't want to incur further expense unless necessary.

 

I read the process requires N293A with a seal obtained by the County Court that issued judgement. This may be months again with my CC, although I could personally attend if the seal can be obtained quicker.

 

The Sheriffs Office advised to allow a couple of days and then instruct them.

[AndyOrch]

Quote

Also I rang the court and nothing has been filed or paid at this point.

 

They dont pay the court and there is nothing further for the defendant to file...its finished.......also there is no further court attendances by yourself in executing the judgment vis a HCEO..and the fee is added to the judgment amount.

[conflyer]

Thanks, no of course I understand this, the call was to check whether they filed set aside but my understanding is they cannot as clearly no grounds.

 

If they had then the enforcement process is delayed isn't it.

 

By attendance I just meant expediting the procedure to seal the CC order for N293A, given the operational speeds at my local CC...