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Setting aside a ccj - defence sent to wrong court

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[BEGIN]

Dear <Claimant>

I will await the court's instructions.

 

It is unfortunate if you haven't kept copies of the letters you have sent me, but if the court requires me to 'file and serve' copies of those letters (as part of assessing if you have complied with the court's instructions), and of any correspondence I have sent you, then I will of course comply.

 

If you desire a copy of the judge's order, I suggest (rather than asking me to provide you with a copy - where you might challenge it's authenticity), that you should approach the court for one, so that the details (and its provenance) are clear for you.

[END]

 

The court can't see such a reply as obstructive, you don't have to do her dirty work for her, and if it riles her at the same time : so much the better - let her claim "foul!", but the court won't see it that way ........

 

If the court does make such a 'file and serve' order, then make sure you comply with any deadline, but file and serve close to the deadline, so she can't create an alternative and file it in time (in response to yours).

 

See if any other contributors have views on this, or any alternate reply.

Edited by BazzaS
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Have you actually agreed a jointly instructed expert yet?

 

If not, agree to any of the 4 she has suggested, given they are suitably qualified (unless you believe any aren't independent), and point out that you are awaiting her draft of the letter of instruction, so that the instructions can be agreed in order for the expert to be 'jointly instructed'.

 

The aim is to do your best to follow the court's directions, while not allowing her to tilt the expert's instructions in her favour.

Use neutral language, but you want the expert to clarify the main issues for the court ; was the initial installation by you done to a reasonable standard of care, quality and skill, and in accordance with the requirements of the contract ....

Edited by BazzaS
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Hi 

thanks for your time.

Yes I agreed an expert with her and asked her to send me the letter she intended to send them but she refuses and says she doesn’t need to do that . I’ve asked her twice to do this .

 

She just keeps telling me she has phoned court for further Instructions. 

 

Yes I Installed the equipment there is no problem with the system I fitted the images were clear. 

 

She asked me to do more work for her a month after the installation so if it wasn’t fit for purpose why would she ask me to do more work. 

There was never a contract it was a favour for a family friend. 

Edited by keek

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Sorry I’ve been away. Do as Bazza says. 
 

Ultimately she’s being uncooperative with the joint expert process, and all the correspondence clearly shows that. 

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10 minutes ago, keek said:

 

 

Yes I Installed the equipment there is no problem with the system I fitted the images were clear. 

 

She asked me to do more work for her a month after the installation so if it wasn’t fit for purpose why would she ask me to do more work. 

There was never a contract it was a favour for a family friend. 


did you receive any payment or benefit in kind?

 

if not, then your defence should have been that there was no contract.

 

if you did receive a benefit (even if not money!), then there likely was a contract, even if there wasn’t a written contract. If there was no written contract :can you both at least confirm what was agreed?

it then becomes even more important for the expert witness to asses if what you installed met what was agreed!

Edited by BazzaS

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Yes I was paid “mates rates” for the job. 

No we can’t agree on that either , 

 

All she asked for was a silent running system with 4 cameras and that she could make faces out. No other requirements. 

 

I told her her previous cameras (what she had taken down) where mounted too high and I would put them lower at the reccomended height about 1.2 lower from the previous ones to gain good facial images . When I put the 1st one up she saw the holes the previous cameras had left and told me to put them higher. I told her the images would be compromised but she wouldn’t listen and told me to put them where her previous cameras had been .

The images are still clear and I have photos to show this. After a week her tv signal started breaking up and said it was the cctv. 

I went back 5 times and there was never any problems with the cctv just her tv signal when she closed her curtains , I told her it was her Ariel. 

she put in her claim is it does not work and is not fit for purpose.

She has also said she asked for IP cameras as the police have advised her to get them , she did ask but I told her they were well out of her budget. 

I think she has said this as she told me she took litigation out on another company for selling her Ip

and they installed analogue so she’s just added it in. 

 

Why would I do this when she told me she had already sued another company?  It’s all lies. 

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I was going to suggest cooperating with her over the letter copies so as to look good in court, but on further consideration BazzaS & SuperVillain are right.

 

However, to make it easy for the judge and to show her up in court I would tweak the letter and add that this is the third time you've asked so that the expert can be "jointly instructed" and you are anxious to move things on as the two of you are already beyond the court's deadline. 

 

You are writing to her but in a certain sense you're writing "to" the judge and what you are writing needs to be concise and follow the court's instructions - unlike her gibberish.  

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Absolutely.

you don’t want to look like you are being uncooperative. You do want to look you are being reasonable, and trying to follow the court’s instructions (without “doing her dirty work” for her).

 

In the end it’ll come down to:

a) the expert’s report (unless it gets kicked out before then for her failing to comply), and

b) who is more credible if it becomes “what the (Verbal) contract was” ; the more you are reasonable and the more ‘whacky’ she shows herself, the more credibility you gain.

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Thanks for all your advice. It’s  Very much appreciated. 

I will get a letter sent out to her tomorrow . 

 

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No copies to be provided...we have passed disclosure stage.

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Morning, 

I’ve been past the claimants property and she has turned one of the cameras up facing the sun , I’m guessing this is to burn the lens out so it won’t show good images. 

 

I have photos from couple months after the installation which show the cameras in the correct position  around her property as I thought this might happen.  

 

I have taken another photo of the one she has pointed upwards this morning. 

She is purposefully trying to damage the equipment. 

Absolutely fuming ! 

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Frustrating as that is (at first glance), it is a good thing.

 

You want to get the (joint) instructions for the expert to comment on the standard of the installation you performed (as far as they can). You ask for the expert to comment on the current installation state and use any available evidence to give their best opinion on how it differs to the state at installation, using the available evidence (and then supply them with the photo's you have of its original state).

The more she tries to make you look bad by making things worse now, the more the report will highlight the differences, and the easier it is for you to show the installation was fine, and it has been damaged by her meddling since.

Edited by BazzaS
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If you can from a public road take a picture / video of this, just in case there has been any damage you can prove the foul play and show the judge her true colouts / intentions.

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I think the court already have a good idea of her true colours PIXel :wink: 

Keek has already taken evidence....I have taken another photo of the one she has pointed upwards this morning. "

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Yeah I was just re-reading and noticed the comment.

 

Hopefully she gets what is coming too her, clients like this are a nightmare.

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Hi 

Received a letter from court today requiring me to attend a Directions Hearing in January . 

 

Just want to thank everyone again for their advise really appreciate all the help. 

 

 

Edited by keek

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Standard process.....make sure you have all your correspondence with regards to trying  to agree an Expert...and copies of hers.

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57 minutes ago, Andyorch said:

Standard process.....make sure you have all your correspondence with regards to trying  to agree an Expert...and copies of hers.


Agree, and OP I suggest you order everything chronologically in a folder, and have a page at the front which lists the date of each correspondence and a 1 or 2 line summary for quick reference.  Never hurts to be prepared. 
 

Would anyone here suggest a short set of draft directions? e.g.

 

1. Claimant to prepare instructions to [Expert Name] and submit to Defendant by [Date].

 

2. Parties to agree content of instructions and send to expert by [Date].

 

3. Expert to report to be received by [Date].

 

Also if you’ll lose any earnings or anything by being at court keep the evidence of that. This is an extra hearing that you had to attend purely as a result of her being difficult (as your correspondence will show).

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Court sets Directions in SCT SuperV


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6 minutes ago, Andyorch said:

Court sets Directions in SCT SuperV

Standard directions yes, and I assumed they would in this situation too, but I wasn’t sure  if it might be worth sending something given this is an additional directions hearing for the expert issue.  
 

Admittedly, I’ve never had a case with a directions hearing in SCT (about 4 years since I’ve dealt with an SCT case!).

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Hi 

To update attend court this morning for a directions hearing . 

 

The court is drafting directions for the expert to attend the claimants home to conduct the report. I told the judge that I wasn’t happy for this to be done as she has removed the dvr and interfered with the cameras.

she lied and told the judge she hadn’t. 

 

The judge advised that I would need to attend the property when the expert conducts his report. Don’t know what difference it makes me being there as she has already interfered with the equipment and I am not allowed to talk to the expert anyway ,Suppose it will annoy her but it’s another day off work also.

 

I don’t understand why this hasn’t been thrown out , I told the judge she didn’t want to cooperate regarding the expert and showed the letters I had sent and the reply’s yet she is given another chance? 

I just don’t get it! 

 

The judge wouldn't go into any any detail of the case she said the hearing was for directions for the expert only. 

 

Edited by keek

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Its normal process unfortunately...you have to go through the hoops.It is good that you will be in attendance then you can also makes notes of any interference /changes and take pictures.

 

Just go with the process and do as requested......you will succeed.

 

Andy 

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9 minutes ago, keek said:

Hi 

To update attend court this morning for a directions hearing . 

 

The court is drafting directions for the expert to attend the claimants home to conduct the report. I told the judge that I wasn’t happy for this to be done as she has removed the dvr and interfered with the cameras.

she lied and told the judge she hadn’t. 

 

The judge advised that I would need to attend the property when the expert conducts his report. Don’t know what difference it makes me being there as she has already interfered with the equipment and I am not allowed to talk to the expert anyway ,Suppose it will annoy her but it’s another day off work also.

 

I don’t understand why this hasn’t been thrown out , I told the judge she didn’t want to cooperate regarding the expert and showed the letters I had sent and the reply’s yet she is given another chance? 

I just don’t get it! 

 

The judge wouldn't go into any any detail of the case she said the hearing was for directions for the expert only. 

 

 

I don't know the legalities of it being in a place of residence, but I would suggest to record the expert whilst he is doing the report, this should also hopefully capture without a doubt that she has moved/ removed equipment and also if she did lie about anything you would have proof that can't be disputed.

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Thanks Andy I hope so! 

It is frustrating.

Couldn’t believe she lied like she did today. She really is a nasty piece of work! 

She was a joke, her paperwork was a mess. The judge seemed annoyed with her replies as did her councillor friend.  Hopefully she will be the same at the trail in May.

 

PIXeL_92 My wife said on the way back I should record the expert. Definitely would be a good thing if I’m allowed . I will do some research.

Thanks for the advice. 

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12 minutes ago, keek said:

Thanks Andy I hope so! 

It is frustrating.

Couldn’t believe she lied like she did today. She really is a nasty piece of work! 

She was a joke, her paperwork was a mess. The judge seemed annoyed with her replies as did her councillor friend.  Hopefully she will be the same at the trail in May.

 

PIXeL_92 My wife said on the way back I should record the expert. Definitely would be a good thing if I’m allowed . I will do some research.

Thanks for the advice. 


Ask the expert’s permission.

 

However, given that filming the expert will require you to film inside the Claimant’s home I think you will need her permission too. I don’t think it’s a stretch to say she’ll refuse.

 

As for her lying at Court, it happens. Now isn’t the time to deal with all that. Save the ammo for the final hearing. Has a date been set? And when is the expert going to assess? 

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