Direct tiles Warehouse - Faulty Tiles - Claim Issued

[dx100uk]

thread tidied

 

dx

 

[kammx4]

I know its a oversight on my part but have a couple of COVID issues which has wiped out my wife and myself.

 

I know this but a few COVID related problems have knocked us for six. So i'll see what the judge says tomorrow. Regarding the letter it seems they are dragging up stuff already covered and cleverly wording it and there are some points that are incorrect.

[AndyOrch]

Email them a copy today before the hearing.....there is a bit of straw clutching here although they are fully entitled to complain that you have partially failed to comply with the Order you did in fact file with the court and if it is raised tomorrow you can state that they have now been served with a copy and as litigant you apologise for overlooking this and respectfully request that sanction's are not imposed due to Covid related  personal circumstance's and request relief pursuant to CPR 3 .9.

 

Sanction's shouldn't be imposed because the normal method for a party to request this is by way of an application with fee N244...not by way of a skeleton argument.

[kammx4]

Ok thanks.

 

They have replied asking why the costs have tripled from £2000 to £6000.

 

Should i tell them as its already be stated before?.

[AndyOrch]

The costs remain the same as stated in the initial claim form N1 I think they mean the value of the claim?

 

 

 

.

[kammx4]

Case struck out for two reasons.

1 i forgot to send the other side the updates costs and

2 i completely forgot to reply to the order dated the 30th of October 2020.

 

Point 2 is a complete mistake on the courts part because i've email proof form the court clerk i sent all information back to do with that order and its obviously was never put in the file.

 

Devastated.

[AndyOrch]

Its a bit severe considering you are a litigant...and what we see daily on how the courts allow companies last chance orders to rectify errors.

I can only endorse Bankfodders post on why it is critical to read everything very carefully and follow the directions set out by the court.

 

Just refresh me did the court send you a reminder (or else Order) re the order dated 30thOct 2020 ?

[kammx4]

z15.pdfThey did and we sent everything back to both parties via email and post, which i have the email proof from the court that they received the revised costs sheet.

[AndyOrch]

On 14/06/2021 at 12:03, kammx4 said:

Received this today from the other side. I neglected to send the revised statement to the other side but the judge received his copy. Its the same total as they've received in the past.june14 copy.pdf

 

You stated the above June 14th

[kammx4]

That was from the order dated 12th April 2021 that i sent a detailed costs sheet to the judge but neglected to send to the other party but did before the hearing.

[AndyOrch]

Yes as I advised...but that was only to try and cover your error which obviously the judge has disregarded and was then too late.

[kammx4]

he made a massive thing about missing the October 30th, to which and have proved after i did reply to it, and i think they are covering up that fact by saying i missed the April order.

 

Will i have any course of action on this the fact they missed updating the file the judge had?.

[AndyOrch]

1.pdf

 

That being the order above and you have proof that you filled and served to the court and defendant 12.00 15th May 2021 >

[kammx4]

Not that order the October 30th order. That order i sent to the judge but not the defendant.

[AndyOrch]

The order I uploaded above is your " Unless Order last chance saloon " or your claim will be struck out....you filed with the court but didn't send to the claimant...hence he struck it out.

[kammx4]

Ok

 

[kammx4]

Can i reclaim through a proper solicitor??.

[AndyOrch]

So your options are .......but it involves throwing more money at this.

 

Wait until you get your Notice of Judgment..it may contain the reasons for the claim being dismissed. It may offer the opportunity to set a side or vary. You can then decide if you wish to appeal.

 

Or you can reissue the claim with the the courts permission ...try again but this time read and follow every instruction given by the court by date....stick post it notes over your PC and bathroom mirror with the dates of what you must do and by when and who to send copies to.

 

Andy

 

 

 

.

 

[kammx4]

I explained to the judge about the oversight on my part and the costs were the same amount but i still think that if he had the order dated October 30th i would of been ok.

21a.pdf

[AndyOrch]

Irrelevant really...cudda shoulda woulda...if you dont follow the courts orders in processing the claim you will be hit with sanctions...end of.

[kammx4]

How do i go about starting an appeal or reissue the claim please?.

[AndyOrch]

1 hour ago, Andyorch said:

So your options are .......but it involves throwing more money at this.

 

Wait until you get your Notice of Judgment..it may contain the reasons for the claim being dismissed. It may offer the opportunity to set a side or vary. You can then decide if you wish to appeal.

 

Or you can reissue the claim with the the courts permission ...try again but this time read and follow every instruction given by the court by date....stick post it notes over your PC and bathroom mirror with the dates of what you must do and by when and who to send copies to.

 

Andy

 

 

 

.

 

 

You dont do anything yet as I already advised...wait for the order

[kammx4]

Is this not it?.

21a.pdf

[AndyOrch]

Yes...that's helpful to post that after 3 hours....why didn't you post it in your first post this morning.?

 

So no option to vary or set a side. You will have to request permission to reissue the claim using an N244 fee is £100 without hearing £255 with.

[AndyOrch]

Now I know how the defendant and judge felt...did you forget you had that from 5 days ago