Solartherm UK useless returns on 15K heat pump - court claim launched..

[FORMISTER]

Thanks Andy,

 

I will double check his paperwork but pretty sure I am right with the dates.

 

i think he is out of time to submit a response. the hearing is on Wednesday, he received their disclosure on Friday.

 

he obviously sat on their application for some considerable time, i wish he had come to me before he even sent the POC in, always had great advice on here from you guys. 

[AndyOrch]

Not out of time.....is this a telephone hearing or actual court attendance ? You can submit a statement in response not less than 3 days.

[FORMISTER]

Thanks Andy, I have asked him to send any letters he has from the court over to me so I can check the details on everything. 
 

yep sorry, it’s a telephone hearing 

Edited September 6, 2021 by FORMISTER

[AndyOrch]

Quote

yep sorry, it’s a telephone hearing 

 

Then he can most definitely submit a response before Wednesday ...file it with the court and serve a copy on the defendant.

 

 

 

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[FORMISTER]

@Andyorch Hi Andy, he received more documents today, see attached.

So, tomorrow isTuesday, how can he serve the documents before hand? By email ?

cover letter to claimant.pdf supporting statement for application hearing.pdf

[FORMISTER]

And also, his reply, does that have to be delivered to the court or by email?

The defended sent his to my friend by email, or online?  not sure if the same goes to the court or what?  Also, is their a fee?

[AndyOrch]

Yes Email the court and Defendant..then post/hand deliver hard copies also. Find the county courts email address from the paperwork and in the address bar mark the Claimant V Defendant names claim number and heading Hearing to determine change of track.

 

There is no fee

 

The response must be formatted as a witness statement and concluded with a statement of truth and dated.

[FORMISTER]

Thanks Andy

[FORMISTER]

Hey @Andyorch, my friend sent the witness statement in based on what I messaged you after I made a few amendments.  Within an hour their solicitor emailed him and the court back and withdraw their application for fast track.

[AndyOrch]

Excellent so now it remains in Small claims Track.....hope they vacated the hearing but they wont get their application fee back.

 

 

 

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[FORMISTER]

Yes, im not sure what point in the witness statement I wrote for him made them change their mind, but they did.

Maybe they will come back with a settlement offer.

[AndyOrch]

The court would have rejected it anyway......their application contained no justifiable reason...apart from allowing them cart blanche on their costs, 

[FORMISTER]

So perhaps their only chance was of gaining it was from  no response from the claimant to the application 

[FORMISTER]

Ok, so he made himself available for the phone  meeting today which he was called.  The defendants "legal manager" was there also who confirmed they were withdrawing their application.

However, he did say they were intending on making an application for something else, but didn't say what, so not sure what that will be?

[FORMISTER]

Hi @Andyorch, so he recieved a letter from their legal manager today, see attached.  What are your thoughts and is it relevant that they haven't used "Without Prejudice" on it?

Solartherm offer.pdf

[AndyOrch]

It does not need to be marked as such as its your friends request for settlement (he should have marked his " Without Prejudice" ...they are simply rejecting and counter offering £1000.00. The fact they have not marked theirs as their offer off is with regards to their alleged costs which is simply laughable as that is yet to be determined and still not an admittance to any liability of the claim. 

[FORMISTER]

Thanks Andy, he swiftly rejected the offer but extended his settlement of £5500 for the next 7 days.

Edited September 10, 2021 by FORMISTER

[AndyOrch]

Im sure he did 

[FORMISTER]

@Andyorchhi Andy, I suspected they would, they have now applied to have the case struck out 

[AndyOrch]

On what grounds.....? Please scan redact and upload a copy of their application and statement.

[FORMISTER]

I’m just out at the moment , but will when I get in this evening as it won’t accept a photo from my phone 

[FORMISTER]

HI @AndyorchSee attached 

Strikeout.pdf

[FORMISTER]

And thinking about the Strike out application, it comes straight after their derisory £1k off to settle, maybe they thought using a strike out was a good tool to get them to accept the offer? 

[AndyOrch]

Have you not got the full statement and a copy of the N244 ?

[FORMISTER]

Hi @Andyorch, attached is the full document, I have messaged him and asked if there was also a N244

App4Strike.pdf 

 

Funny how one minute the case is so complicated that it needs to go to fast track and now its so simple that its obvious it should be struck out.

Edited September 14, 2021 by FORMISTER