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    • Hi Thanks for your reply. I have discussed this with citizens advice and they have taken details of the builder and reported them to trading standards who will take appropriate action. The builders claim that as the draft contract was sent over by email and I had time to think it over before deciding there is no cooling off period in this case.   When sending the draft contract they do not cover any details relating to cancellation rights or any of the details required in the legislation above as they are claiming it should be treated as 'on premises' and therefore my consumer rights do not exist.   I prefer not to give their name on a public forum at the moment but they are certainly not making my life easy at the moment. They are threatening to sue me for breach of contract if i do not pay up in 14 days.
    • Hi all, was a bit busy with my friends witness statement. It is my understanding that none of Assets ppl will attend the hearing pursuant to CPR 27.9 (1)(a). I'm not sure do my mate will be ready to go as he fall in deep depression, lost his interest in life and do not communicate at all now. Ok, there is the WS attached. Thanks DX for advice, I found some good ones here. No names stated in case someone from claimants side reading this. Will be appreciated for any advises and corrections. Thank you in advance.       WS.docx
    • Ok thanks DX, so i reclaim these charges and default sum fee's Then I guess once/if this is settled and they hopefully refund these charges then I need to make a repayment plan arrangement with them.   I think i need to move quickly as they have mentioned legal action which they said would involve property repossesion (so they stated anyway!)
    • Wrongly. I suggest that you post the drafts of the documents you are preparing to send or to file here before you actually do so. You've waited this long, another 24 hours won't make a big difference. You may as well get it right
    • Please will you tell us the name of the builders.  http://www.legislation.gov.uk/uksi/2013/3134/regulation/29/made lays out the circumstances in which you lose your right to cancel and off premises contract. I don't see anything here which says that you are not entitled to use the 14 day cooling off period. I suggest that you email the building immediately and ask him on what basis he says that you are not entitled to a cooling off period. Tell him that if he will not explain this to you then you will not engage in any further communication with him. In any event, and off premises contract must contain at least the following information – meaning that the supplier of the services must provide you with the following information http://www.legislation.gov.uk/uksi/2013/3134/schedule/2/made     Please check your contract and any other messages you have received on paper or by email and see whether together it can be said that you are provided all of this information. If you were not provided with this information then the cooling period doesn't even begin to run. To all intents and purposes the contract is not complete yet. On the basis of the dates that you have provided to us it would appear that you have exercise your right to cancel just within the 14 day period and so therefore your cancellation is good. It seems to me on the basis of what you have told us that you are being bullied and browbeaten by these people. If it is correct that they haven't given you any details about the right to cancel then they are potentially committing an offence and once they have explain to you why you don't have the benefit of a cooling off period, you could then reply to them and warn them that by failing to include all of the information in schedule two – but particularly information as to the right to cancel, they are committing an offence. http://www.legislation.gov.uk/uksi/2013/3134/regulation/19/made   Once you are satisfied that you are on secure ground, I would suggest that you write and tell them to do the other thing and that you will be happy to see them in court where you are sure that the judge will be very interested also to see the way they have behaved against you. Please let us know the name of the builders and also once you are sure of your ground I suggest that you start putting reviews up on trust pilot and Google and elsewhere.
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Confused by Judgement Order

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This relates to a case against my daughter by a builder. She put in a defence and counterclaim.

 

The builders claim against her was not valid and he did not abide by the Civli Procedure rules when initiating the claim.

 

He did not respond to her counterclaim. The judge ordered a allocations hearing. My daughter was unable to attend and the reasons were accepted by the judge.

 

She has received a General Form of Judgement Order and it states: The Particulars of Claim are struck out for non compliance.

The judge further ordered that the Claimant must by a certain date file a new claim correctly other wise the claim will remain struck out.

 

He further ordered that the defence and counter claim are stuck out unless the claimant submits a new claim and then she must submit a defence, and if advised my daughter should submit a new counter claim .

 

The claimant has not submitted a new claim. Upon ringing the court, I was told that the claimant has not submitted a new claim and therefore the claim is definitely struck out, however I was told that she can and should submit a new counterclaim as she paid for the counterclaim and although it was submitted at the same time as the defence, it is in effect a separate claim against the claimant.

 

She is not sure if this is correct? She is out of pocket considerably because of this builders negligence. It cost her a lot more to put right the work.

 

If this is correct and she submits a new counterclaim, does this mean that the claimant can answer the counterclaim and start once again claiming against her? Not sure what to do, as time is running out.

 

Thanks if anyone can clarify and help.

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The counterclaim is certainly a new claim and the builder would need to file a defence to it. I'm a bit surprised that she has to file a new counterclaim but anyway if that's what they said then she should go ahead and do it.

 

It is unlikely that he could start claim against her without leave of the court. I suppose that because of the prime objective which is that the judge is required to do what ever is considered necessary to achieve a just outcome, it is very possible that a judge would agree to allow the builder to continue. However, if there was an application then you could certainly respond and ask for conditions to be met and I would suggest that it would be very reasonable to ask a court to order the builder to pay the disputed sum into court.

 

If you'd like to tell us more then maybe we can help but you should certainly put in a counterclaim which recovers all of her losses including waste expenses on the builder's negligence and the costs incurred putting the work right.

 

One warning here though is that even if she succeeds, she will then have to enforce the judgement. Do you know where the builder is? Does the builder have any assets? In other words are you able to reach the builder and enforce the judgement? Probably by means of High Court enforcement officers?

 

However, as the action has already started, you may as well go ahead and at least try to get judgement because it seems to me that you have nothing to lose.


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If no response was made to the counter claim the consequence of not filing a defence within 14 days is judgment in default (CPR 20.3(3))....pity she didn't request judgment before the hearing.

 

The part 20 claim will be managed and heard with the primary claim if convenient, but can otherwise be dealt with quite separately. CPR 20.9 sets out common sense factors which the court will take into account on the question of whether a part 20 claim should be managed separately from the main claim.

 

The part 20 claim is distinct from the main claim (CPR 20.3(1)).


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Bankfodder: Thank you for your response. Yes, she does know where the builder lives.

 

On the advice of a solicitor, she has tried several times to get the builder to give her details of his Public Liability Insurance which I believe he does have..it may well be he lied about this at the time, although he still declares that he has it on his webpage. She requested this as he caused substantial damage to rooms he was not working in and her own home insurance will not pay.

 

Andyorch: Thanks for your reply and advice. She did try to enforce judgement but when she phoned the court regarding this matter, she was told it was not clear if he had or had not put in a defence to her counterclaim and that it was with the judge who was dealing with it and to wait..that is what waiting got her. Too late as the judge threw the case out.

 

I think the best advice is to continue with her counterclaim as now she is more informed about what the work has cost.

 

At this point, is it necessary to actually give financial figures or can she just list what the counter claim consists of and state she does not know what she is likely to recover, but within the amount of the counterclaim. We are short of time and I have to collate the issues and not sure of the final cost. Some of the cost will come down to the judge to determine the amount in any case.

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She will definitely have to state the value of the counterclaim. This should really all of be prepared anyway when the counterclaim was first prepared.

 

If there are costs be determined by the judge then you should at least limit yourself to a maximum so you would say for instance "plus damages not exceeding £XXX and the discretion of the court". However this would be extremely unusual when you are claiming for actual expenses. If you are claiming for trouble and inconvenience et cetera then that is probably the approach to take for unspecified or "general" damages


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It was impossible at the time to put a value on the counterclaim as the builder sent her an invoice for the 'work' he had supposedly done at the property and the same day put in a claim against her so she had no idea what the cost of the counter claim would come to.

 

The solicitor she saw said she did not need at that point to be specific, just state I expect to recover no more than X amount. There are still a couple of jobs that need to be finished or rectified and need to get another couple of quotes for the damage that he should be claiming for on his insurance.

 

She has not been given much time by the judge and xmas and new year period have impacted on getting the work finished and quotes for the damage as people/companies are not working over this period.

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