Tarmac Driveway done by Tom Diggins Stockport Driveways, judgment plus costs - ***WON***

[smithy49]

Good morning,

 

Is there anyone available that could just check a couple of things with my court bundle before I send it to the Defendant please?

 

I have completed an index and am just unsure about a couple of the headings:

One is Section 8: Evidence of False Misrepresentation...and I have listed the documents I intend to include such as "Screenshots of  Website pages for *** and ***", " Screenshots of address searches for the Defendant" etc

 

Am I on the right track with this kind of wording?

 

Thank you

[BazzaS]

Do you need to give him the “heads up” that you are going to highlight his falsehoods & misrepresentations?

 

why not entitle it “representations made by the Defendant”.

 

That way you get to provide the evidence, and once they’ve filed their bundle you point out to the judge : “the evidence I have provided shows the misrepresentations made, and his subsequent alterations of documents so as to mislead the court”

 

you aren’t introducing new evidence late, just not telegraphing what you intend to use that evidence to show…..

Edited October 23, 2021 by BazzaS

[smithy49]

Thank you, thats exactly why I asked the question. I was concerned I was giving too much away but wasnt sure whether I had to be that transparent with it.

 

Thank you for your advice on this, it is very helpful

[BankFodder]

You simply supply the documents that you are going to rely upon.

 

You don't disclose an advance why you were going to rely on them

[smithy49]

Thank you. I have re-jigged a couple of things and I am happy with how it looks now

[smithy49]

Good evening,

 

I have the court hearing on Thursday and wondered if anyone can advise on whether the Judge is likely to strike out the defence  having pre-read the court bundle or is this something I will have to request....bearing in mind I have already brought the tampered email to the Judge's attention by a previous letter.

 

I have prepared questions in case the defence is allowed and I get to question the Defendant.

 

Also, is it standard practice for the Judge to ask the claimant to do an opening statement?

 

Thank you

[BankFodder]

It is possible that the judge will simply strike it out but by and large you should make the request.

You make the request at the outset of the proceedings and if the judge is moving straight to the hearing then you will have to ask the judge whether, with respect, and before proceeding to look at the merits of the case, consider ordering that the defendants cases struck out because of X, Y, Z….

After that if the judge wants to proceed then don't say anything just get on with it. Don't argue or protest.

At the end of the hearing – assuming that you get judgement, then once again before the judge closes conversation you will have to raise the issue of costs. That means that you will simply have to introduce it from cold – with respect could I ask the court to consider exceptional use of the discretion to award costs in this case because of X, Y, Z,…

 

As to the question of costs then no doubt the judge will want to know how much you have in mind and you will have to have a figure ready and show the judge that this is a figure which is all worked out and justified by the log you have kept and this log should be made available to the judge

[AndyOrch]

Quote

I have prepared questions in case the defence is allowed and I get to question the Defendant.

 

You wont get to question anyone, you a litigant, this is the small claims track not the Old Bailey 

[smithy49]

Thank you Bank Fodder.

 

Andy Orch...I was hoping for a Harvey Spectre moment like in Suits 

[AndyOrch]

If you wish to submit costs you should serve a copy on the court and the defendant not less than 24 hours pre hearing...just an itemised bill of costs.

 

 

.

[smithy49]

Evening,

 

The hearing went well and the Judge awarded in our favour. We have been told we will receive the judgment in writing within two weeks.

 

The Defendant did not take it well!

 

[honeybee13]

Well done Smithy!

 

Can you tell us more about how the hearing went please?

 

HB

[smithy49]

Thank you, I am very relieved.

 

The Judge asked me to explain the chain of events from my point of view then asked if I would like to bring my witness forward to put any points across which I did. He then asked the DF to put his version over.  The Judge asked the DF if he thought the job was up to standard and when he replied that he did, the Judge referred him to the photos I had submitted and referred to the expert witness report and the way I had conducted myself from the beginning by trying to resolve the complaint with him but he had continued to deny fault. The Judge said that if he had left his driveway in the same state he would have acted in the same way that I did.

The DF didnt have much to come back on.He didnt bring his witness and he dwas offered the chance to ask questions but didnt.

The Judge awarded in my favour and I then raised the matter of costs. He took on board the amounts I put forward and awarded costs.

The DF complained , slammed his chair then then stormed out

[honeybee13]

It sounds as if you handled it really well and kept your cool. Unlike the defendant, from what you say...

 

HB

[BankFodder]

Excellent. Well done.

I would suggest that you do nothing now other than wait for the paperwork and the moment that you do get the judgement that you transfer it up for enforcement by the High Court enforcement officers.

Start looking up websites of High Court enforcement officers. Find out about it. You will find that they will offer a one-stop service where they will take your judgement, transfer up to the High Court and then carry out the enforcement. I think it costs you about 70 quid – which you will get back.

Double check on the website that if the enforcement fails, that you will not have to pay anything. In other words all fees are borne by the defendant.

Let us know what you find.

How much were you awarded in costs?

[smithy49]

Thank you Bank Fodder and I wouldn't have known to raise the issues of costs after the judgment if you hadn't told me about that. He awarded just over £800 costs in total.

I have taken a look online and DCBL offer a one stop  service but I will do more research prior to the paperwork arriving. I have also downloaded a court form for applying for a  charge if it comes to that.

 

And thank you Honey Bee...it was a nerve wracking experience but when you are telling the truth and know you are not going to be tripped up on facts it makes you feel more confident. I am just glad  the Judge put him in his place tbh, it was all worth it just for that moment!

[BankFodder]

£800 is pretty spectacular litigant in person costs.

This can you tell us more about the court form that you have downloaded in relation to applying for charge. This might be a good idea anyway in order to reserve your position. If you placed a charge on his property and then lifted the charge once judgement was settled, this could be a good move.

You certainly shouldn't expect the enforcement to run smoothly. This is a guy who has left the court and is now trying to figure out how to frustrate the enforcement process.

Can you remind us of what the total judgement debt is?

By the way, presumably you did begin by asking for the defence to be struck out. Tell us something about that please.

[smithy49]

The £800 includes £335 hearing fee but all in all...delighted.

 

I actually didnt ask for the defence to be struck out which was a blip on my part but I got lucky because the DF didnt actually say a lot and the Judge went more down a route of criticising his work, knowledge and integrity.  The DF was actually emailing me at 6pm last night asking for a copy of the expert witness report as he said he hadn't had it! I pointed out he had received two copies in August. He just hadnt bothered to look at it. He was very unprepared for what happened.

n379-eng.pdf

[BankFodder]

Thanks for the form.

As I've said, I suggest that you apply for the charge at the earliest opportunity. That doesn't stop you then instructing the High Court enforcement officers and once the judgement has been satisfied, then you can apply to have the charge removed.

I think this is a very important step.

Keep an eye on the land registry and the defendants ownership of the property – just in case.

[smithy49]

Thank you...I assume I have to wait for the paperwork from the Court before applying for the charge?

[BankFodder]

Well it says on the form that you need evidence of the judgement and evidence of the debt et cetera et cetera.

I suggest that you take the time getting the form so it's absolutely as ready as possible so that you can file it at the earliest moment.

And pretty well at the same time, instruct the High Court enforcement officers

 

[smithy49]

Thank you as always...I'll update you again when i have the paperwork from Court

[smithy49]

Evening.

Following receipt of the order from the court giving the defendant 28 days to pay, We didnt hear anything from him and instructed High Court Enforcement Officers. They have been unable to get a writ as the DF has applied to the court to vary the order. The application has arrived with us today and he is suggesting paying £150 per month.

The figures he has put on his application (income etc) dont stack up, he has used a false contact number and we dont trust him to make the payments. 

Before I send my response to the Court, I wanted to ask whether anyone has any thoughts on whether to go back with a counter offer ( i.e one lump sum payment upfront then 10 x monthly payments) or whether to reject his offer outright so the writ can be obtained

I am unsure whether the court puts something in place if we reject his offer or if they just accept the rejection.

 

Any advice on this would be gratefully received, thank you 

[BankFodder]

Have you raise the issues of his misrepresentation at all? Why might he have used a false contact number? It seems rather pointless to me.

In what way do his income figures not stack up?

If you are going to make an objection then I think that it needs to be subject to a charge been put on his property.

Can you post up his application here.

At his proposed rate of payment, how long will it take for him to settle the judgement?

[smithy49]

I have only just received his application today. The number he has put on the form is one for a scaffolding company that his step dad runs and I think it might be his step dad's number.

 

He has put his annual turnover as £15991 and also his annual salary as the same. His monthly outgoings total £1945 which is more that his monthly earnings so his suggestion of paying us £150 per month isnt feasible in terms of affordability

 

We plan to apply to put a charge on his property regardless, until the debt is repaid in full