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    • I've also seen it mentioned that the two parts of Ireland becoming closer is concerning HMG.   And that NI still coming under EU rules for trade could be showing that it's better to be in the EU than in Brexit Britain. If people start to think it shows Brexit isn't working, that's going to be a problem for Johnson et al.
    • You won't be able to bring a counterclaim unless you can produce a properly structured assessment of losses or costs or ancillary expenses and you will need to do this by producing at least written assessment et cetera as I have indicated above. Two of them would be much better. A court won't entertain a counterclaim simply based on your own speculation as to your possible costs. I understand very well that your preference would be to write off the entire job including all of the materials that were supplied and for you to recover your outlay for those materials but I think in order to do that you would have to show that you have acquired no value from those materials and once again I think that you would need an expert assessment which explained why the materials were completely wasted and that you would have to start from zero. You can be certain that the claimant will attempt to say that you have received value and in fact that the items which have been supplied or already installed can still be used. I'm afraid that because the attempt to arrange this contract as a cash only agreement inevitably invites the scepticism of the court, I think the court may well be open to consider arguments that the items which have already been supplied are of use to you. If you can get expert confirmation that the supplied materials are now of no use whatsoever, then you will also have to get a quote for uninstalling them and returning them to the claimant. This means that the whole thing is getting even more complicated. I do think that your best interests would be to discuss the matter with your new installer and to see what items which have been already supplied can be used to finish the project – and then to try and deal with the claimant in respect of those on the basis that the case would be withdrawn and everybody would walk away. I think it's time to start abandoning some of this rancour between you because it isn't helping and it won't impress anybody. Don't underestimate the disapproval that will be felt by the court when they get to know about the cash arrangement and this won't be helped by the fact that you then went ahead to try and get receipts. I understand very well that you say that you simply provided money and that in fact you were the purchaser of the items directly from the retailer – but there is no evidence for that and it would be an unusual arrangement and I think the court might express scepticism about that as well. I think we have to bear in mind your credibility in this – and I think that it is rather fragile at the moment. If you came up with a sensible business- like idea about how to put this one to bed and then put it to the claimant and also mention the fact that as he was involved in a cash only transaction, he also might find that he is incurring the displeasure of the court – particularly as he is the claimant, he might feel inclined to try and wrap it all up and bring it to an end. I think the next thing you must do is to get an expert report as I've already suggested above. You will need to do this anyway. If you don't have an expert report then even if you happen to win your argument that there is a breach of contract, the assessment of how much you win will be impossible for the court to decide. The court will absolutely want expert assessments. So you need an assessment as to the work which has been carried out so far and the work needed and costs involved to carry out the job. You need an assessment as to the usability or otherwise of the equipment which has been supplied. At least that for the moment. I don't think it is possible to do much more until you have this information. If you can get the information then we can decide what to do. Obviously I don't know anything about the subject, but I can't imagine that all of the equipment which has been supplied is useless. It could only be useless if you suddenly say that you want an entirely different system of gates – but on that matter, you are bound by your expectation in the contract and you would only be entitled to install a similar system using similar equipment.  
    • I wonder whether part of the UK issue with current NI protocol, is that it is enabling a better trading environment between Ireland and Northern Ireland.     Northern Irish businesses have anticipated import/export issues with Great Britain, so now trade with Ireland or via Ireland.   Apparently reports are that some Northern Irish businesses have seen an increase in trade. It is only businesses that mostly sell British fresh produce that have been affected by border controls  and even then, they could swap to local produce.   Agree that UK Government are using argument with EU as a convenient distraction, but also there must be a worry about increased risk of a united Ireland, as a indirect consequence of Brexit.
    • Fintan O'Toole has an article about the Brexit negotiations and what he thinks HMG's aims are.   Facing chaos and needing a scapegoat, the Tories seek an endless fight with Europe | Fintan O’Toole | The Guardian WWW.THEGUARDIAN.COM The EU’s proposals on the Northern Ireland protocol offered what business leaders wanted, but the prime minister prefers failure and grievance  
    • The carmaking giant is investing £230m in its Halewood plant, safeguarding 500 jobs.View the full article
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Solartherm UK useless returns on 15K heat pump - court claim launched..


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as we see with many UAE debts, an N244/SJ application is a common dodge used by fleecers to prevent the close inspection of actual relevant FACTS like paperwork etc. as their case is very weak...don't look over there judge...look here this is far more important....NOT!!

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Please confirm that point 12 of their statement is not true ?

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Hi Andy, I've asked him, he cannot remember either way.

 

So, would he have received that through the post? Does it have a form number?


If he hasn't is it game over? They made their application for fast track before that was due.

Just trying to grasp where we are, he has a learning disability so getting info out of him is not easy as he's easily confused.

 

What I will add to that is that he went to mediation service through the court , so I would guess he filled out an N180 questionnaire ?

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They refer to a court order dated 19th Feb 2021.Reading between the lines I assume this is the Notice of Allocation (n157) this follows once both parties have submitted their DQs and gives the court directions what each party must comply with by date...submitting a witness statement and documents as evidence.

 

So did he get the N157 did he comply ?

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Good question and I have messaged and asked him, I doubt he will remember and would of thought that he would of done anything when asked.

 

He did submit evidence I believe, but will check.

 

If he hasn't I guess he's in trouble right ?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Hi @AndyorchHe can’t remember and can’t find any paperwork and neither does he remember the form, useless I know.

 

so if he hasn’t, is there anything we can do or is it game over ?

 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Well if it was that Notice dated Feb and he didn't comply the court would have struck out his claim by now. So it cant have been ...I really cant advise reading between lines...as its basically all guess work.

 

I can only advise on the here and now...so here on he can submit a  further statement as he did to overcome their application for Fast Track....same principle but this time why they should not get summary judgment.

 

Again once the court informs of the hearing date and there should be a hearing for this type of application even though the defendant has opted for no hearing their application, he submits a statement in response....again this can be submitted 7 days pre hearing.

 

Summary Judgment is covered in CPR 24.

 

 

 

We could do with some help from you.

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Thanks Andy, I’m travelling back from Scotland so will take all this in tomorrow and revert back to him and come back to you.

 

as usual your help is very much appreciated 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Hi @Andyorch he found the document, it was in the Moneyclaim online account, which he hadn't checked as he wasn't expecting documents through that, probably because other stuff was sent through the post or email.

 

Obviously the hearing never went ahead as they applied to have it moved to Fast Track.

Is it too late to submit a witness statement in response to their witness statement?

 

187MC148-Judge-Directions-Order.pdf

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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Not for the recent application to strike out summary judgment.

 

So did he receive a Notice of Allocation ( N157) in Feb 

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Hi Andy, he received it in so much it was in the Moneyclaim online account which he never logged into, so didn't see it.


Witness statement, I was referring to replying to their Witness Statements for the actual court hearing that they sent in previously in February.

 

Now, does it matter less that he didn't return this form given that they applied for Fast Track instead, therefore the original hearing was never going to happen?

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

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He can try ...only 6 months late, I'm amazed the claim is still live to be honest. I agree the application to change track may have had an effect on the process. I would do a dual witness statement in response to the Directions (Feb) and their application to SO/SJ all in one.

 

I take it you have read the last paragraph on the Directions ?

 

WARNING If you do not follow these instructions within the time limits, the judge may decide that your case should be struck out, which means that you will not be able to continue to bring or defend this claim, and the other side may be able to ask the court to make a judgment against you. If you cannot comply, you should make a formal application to the court before the deadline expires, using the right form and paying the court fee.

 

 

 

.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group The National Consumer Service

 

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Hi Andy,  yes I read that. 
 

So I guess what we are relying on is that their application for Fast Track superseded the need to comply as the court hearing date would not go ahead due to the application for FT. 
 

maybe clutching at straws here 

My advice is given through personal experience and is given without prejudice

 

 

If I Have helped please feel free to click the star

:smile:

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