Jump to content


LORD ROOFING AND GROUNDS WORKS LTD Refusing to Repair Poorly Laid Driveway and Using Intimidation to Enforce Payment


Recommended Posts

You will need to have the judgement set aside. A judgement amounts to a black mark against a defendant and there are no shortcuts. It needs to be removed and their record needs to be cleared.

I'm afraid there's no compromises here and I think you need to show maximum goodwill.

As you are now going to sue for both contracts, then you need to alter the heading to reflect the two invoices

Link to post
Share on other sites

 

You can make application without hearing to adjust the judgment amount....do not set it a side.

 

Andy

  • Thanks 1

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

Thanks to my site team colleague @Andyorch

 

So the previous advice I gave as to apply for set-aside was wrong.

If you have sent the letter informing the other side that you are going to apply for set-aside then don't worry about it. You can simply follow it up with another letter explaining that you have discovered that the judgement could be adjusted and that you are proceeding to do that.
However it's important that you do inform the sheriffs and that you call them off until the matter is sorted out.

In that case, also we calculate the value of the second claim which will be less then I had suggested above. Send a letter of claim which reflects that new value.

Sorry about this bit of a mess. I wasn't aware of the possibility of adjusting the judgement.

Link to post
Share on other sites

Hello,

 

I did my own research and spoke with the court before taking any action. They have advised me the same as AndyOrch that I'm going to get the judgement amended

 

I've also informed the bailiffs to suspend their enforcement. I'll keep you updated as to what happens.

 

Thanks for the help. I'm going to run everything by the court to ensure I don't make any mistakes

 

They have told me to fill in an N244 form. @Andyorch is this correct?

Edited by Chipsticks
  • Like 1
Link to post
Share on other sites

Great, well done.

Well done also on managing to talk to the court. That seems to be very difficult for most people nowadays

Link to post
Share on other sites

Yes you now have to submit an N244 and request an order from the court to adjust the judgment amount. Pursuant to CPR PD40B 4.1 & 2

 

https://www.consumeractiongroup.co.uk/topic/347306-legal-n244-application-notice/#comment-5057981

 

 

4.2 The application notice (which may be an informal document such as a letter) should describe the error and set out the correction required. An application may be dealt with without a hearing:

 

If they will accept an informal letter then there shouldn't be any fee involved....but you will have to check.

 

 

 

 

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

 

If you want advice on your Topic please PM me a link to your thread

Link to post
Share on other sites

  • 2 weeks later...

Since I last posted I have been making lots of progress.

 

The company who was dealing witht he High Court Writ and enforcement went into administration and it was transferred to a new company.

 

I decided to keep everything suspended as they informed me they had been in touch with LORD but they had not responded. I had a suspicion this would prompt them to act, which they have.

 

THEY have filed the N244 form as I was holding off to see what they would do.

 

They have applied to set aside the judgement.

 

Their reasons "The claim was not replied to as the person dealing with it tested positive with covid. I have sine taken on the roll (sic) and would like the process to start again so we can submit our side including email exchanges between outselves and the claimant.

 

The "Office Manager" is now dealing with the claim from now on it appears.

 

The "General Form of Judgement or Order" states

 

1. List the application as a BTMM telephone hearing on the next available date after 35 days with a time estimate of 30 minutes

2.The Defendant (LORD) must by 4pm on 28th Deember 2021 file the evidence in support of the application including reasons for not responding to the claim and their Defence of the claim.

3. The claimant must by 4pm on 4th January 2022 file and serve on defendant any evidence he seeks to rely on

4. As this order has been made......parties have the right to have this order set aside varied or stayed. Must send, deliver application to the court within 7 days

 

In summary, they are not seeking to challenge the order made. They have paid for the N244 and it is now going to a hearing.

 

Is it worth now challenging this N244 to ensure the judgement stands just at the correct claim value? Or would it be better to just let it go to a hearing and present the evidence/facts there?

 

As I predicted I fell they are going to use underhand tactics and lie/fabricate to make it look like I am the one in the wrong. I know they have lied about COVID. This is the second time they have used that excuse. Testing positive does not stop them from notifying me and the court (unless they were in intensive care) and they edited the claim online as I received a notification about it.

 

I'm leaning towards sumbitting the full evidence to challenge the claim and letting it go to a hearing, along with mentioning my mistake in calculating the value. Also using this as an opportunity to add in the second claim if they would allow it, to try and get a judgement for the full amount (for front and rear patio), without having to create another claim.

Link to post
Share on other sites

I think you won't be able to object the set-aside directly – but I think that you can vary the order and certainly I think you can point out to the judge that they have replied and  been fully aware of everything, that this is the second time that they have relied on Covid and that you ask the court to vary the order to ensure that they produce a proper medical certificate showing that the relevant person did have Covid at the relevant time.

 

Also you need to make sure that the cost of their application and the wasted costs of attempting to enforce the judgement are borne by them as they have always been in a position to communicate and to notify.

Please can you put up their application in PDF format.

Link to post
Share on other sites

Can you just tell us about the first time that they used Covid as a justification for something

Link to post
Share on other sites

The mail where they taunted you to dare file your claim will methinks come back to bite them.

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

 

If you want advice on your thread please PM me a link to your thread

Link to post
Share on other sites

Friday 18th June 2021:

 

Matthew has been off since Monday self-isolating for his operation today. Richard Boucher from Tobermore will be attending the property on Monday/Tuesday.

Regards (My addendum: This man never arrived)

James

 

4th October 2021:

 

(My addendum: after a period of no contact) For the record, I have responded, and clearly advised that I need to complete a site visit. I will be bringing my Senior Groundworks Manager, Lee Woodward with me. Keeping in-line with government guidelines, and my illness, I was not prepared to potentially put my staff at risk until I had been cleared with a negative Covid-19 test.

 

And now, 7th December 2021:

 

The claim was not replied to as the person dealing with it tested positive with covid. I have sine taken on the roll (sic) and would like the process to start again so we can submit our side including email exchanges between outselves and the claimant.

 

I had forgotten to mention the costs have been awarded for the statutory demand but I have not persued this. Is it worth my while? I've attached the judgement also. This is getting quite compliated now for me

 

 

Link to post
Share on other sites

I'm sorry but the way that you have presented the messages – (are they emails?) above doesn't explain anything to me.

Also, you posted up multiple PDFs.

Please can you post a single multipage PDF of properly scanned documents. We can't keep bobbing around opening up different PDFs and trying to cross refer all the time and work out the order.

Link to post
Share on other sites

They are four separate documents each referring to something different. I would have thought it would be easier to refer to them them individually which is why I did it that way. Nevertheless, I've put them all into one PDF document.

 

The quotes I have provided are email exchanges.

 

What do you advise next?

12.12.21 Documents N244-judgement-set aside.pdf

Link to post
Share on other sites

I think it is time to get going on the second claim.

Where were we on this please?

This thread has gone on so long that I think it will be an idea if you started a new thread simply on the second claim.

Some of the new thread may well be repetitive – but the important thing is that we can gather all the information relating to that claim in the same place and hopefully the discussion will be shorter and more to the point

 

In terms of the set-aside application, they say that they didn't respond to the claim because the person responsible had Covid.

How long before the date of the default judgement had you been communicating with them and not receiving any responses?

Link to post
Share on other sites

They added contact details to the online claim on Thu, 18 Nov 2021, 13:12. I receive an email about this, but they did not contact the court or myself

 

The last correspondence from them was 4th October 2021 which they (director) explained the delay for them not arranging a site visit (after engineer's recommendations) due to the director isolating due to COVID 19

Link to post
Share on other sites

They have until 28 December to give a more detailed explanation of why they didn't respond to the claim together with evidence.

I don't think there's much you can do before then. You have to respond by 4 January with your own evidence.

I think you need to wait and see first of all if they are going to comply with the order by 28 December and if they do, what information are they going to provide.
Once you have that, we will know how to frame your response.

Just so you know, you will have to make yourself fairly quickly available and responsive to questions that we put to you. There won't be much time from about the 29th December until 4 January and don't forget, we also have our lives, our families, our Christmas, our New Year et cetera to attend to as well.

You have to prioritise your response to their application to make sure that we have an effective response filed in time – 4 January.

 

I think that you need to keep us quickly informed the moment that you receive anything from them – and also if you don't by 4 January.

If you receive anything in the post after 4 January then make sure you keep the envelope because we want to see the date on the postmark.



I did also in my previous post say that we need to start looking at your second claim and I suggested that it might be best to start a new thread but you don't seem to have addressed this.

 

 

Link to post
Share on other sites

Sorry I missed that part in the reply. I've been compiling all the correspondence to make sure I dont make any mistakes with times, dates etc.

 

I should have everything prepared tomorrow for the second claim and I will be available to proceed with everything immediately after the 28th.

 

I'll create the new thread and upload all the relevant information etc. tomorrow. I'm not currently with my file of paperwork and documents so I want to make sure its all correct.

 

Thank you all for your help and support

 

 

Link to post
Share on other sites

Okay.

Please don't send anything off without us knowing about it and and agreeing it with you

  • I agree 1
Link to post
Share on other sites

  • 2 weeks later...

Please can you remind me, wasn't there some kind of costs order made in respect of their bankruptcy application? And if so, have they paid it?

Link to post
Share on other sites

In fact checking over the last documents you put up, I see that there was a costs order in respect of the bankruptcy application.
Have they paid this?

Link to post
Share on other sites

Please could you start preparing a detailed inventory of the time you have spent dealing with this case so far.

We need two inventories.

1. - One of them should try to make an assessment of all the time you have spent dealing with this particular claim for the rear patio from the beginning – right up until the point at which you will have submitted your responses et cetera on 4 January.

I may have sent you in the past that you should start keeping a detailed log of the time you spent. I hope that you did.

The reason I am asking to do this is in anticipation of the possibility that they won't comply with the judge's order – and they went respond. In that case you should put in an application for litigant in person costs. You can't do a money grab on this but certainly you can make a reasonable claim for time spent learning, preparation, writing, preparing – £18 an hour.

You might easily come to 20 hours or 30 hours.

It needs to be prepared carefully on a spreadsheet and we would want it posted up here so we can check it.

2.- The second inventory is an inventory simply of dealing with this set-aside application because even if they succeed in setting aside the judgement, we will ask for litigant in person costs for the wasted time so far.
This would be a much smaller claim – but it will still be worth something.

This inventory would refer to the time you have spent applying for judgement, trying to enforce the judgement, then learning and preparing and filing your response to this set-aside application.
This might only be three or four hours maximum – but still it is better than the money goes in your pocket than in their's. Also I think it's important to send a signal and it is something that will be noted by the court in the event that there set-aside application succeeds and then the matter goes to court.

3.- Incidentally, a third inventory will have to be kept so that if the matter does go to trial, you will also put in an application for litigant in person costs at that point.

Although I am talking here about three inventories, really we are talking about one big inventory from beginning – right through to the trial (no.3). Then extracting the portion of the inventory that relates only to the set-aside application (no.2) – and also extracting the portion of the inventory that relates to the beginning of this matter until 4 January (no.2).

Please let me know if I have made myself clear. 

Link to post
Share on other sites

In terms of preparing the evidence that you must file – and serve, please look at the advice we give as to the preparation of your court bundle.

I suggest that you start assembling all of the material that you have following the court bundle advice – but then depending on what happens on the 28th, you may only need to use part of it.

However, you may as will get the whole thing prepared as this will stay you a lot of problems later on and also it will remind you and make you thoroughly familiar with the documents that you have and also the layout of your bundle.

A properly organised court bundle is even more important when things are done over the telephone because you won't be in a position to hand missing pages over to the judge or to the other side. Everything has to be there – properly indexed and very easily accessible so that you can simply say to the judge that it is "page such and such" – and everybody can go immediately to the correct page and see what you are talking about.

This means even more there is no time for humming and ha-ing and saying that you were sure it was there somewhere or if it's not that number page then it must be that number page et cetera.

Your preparation and presentation has got to be extremely slick

Link to post
Share on other sites

Hello Bankfodder

 

Happy Christmas/Holidays

 

I've been doing exactly as you have suggsted. I've got a serious of events in a ring binder with all the relevant parts easily accessible. From my experience with the set aside case the judges are not interested in waffle and want to just get straight to the point.

 

I've still not heard anything yet from "Lord"

 

If they do not submit anything is it worth us submitting something or will it get dismissed by default?

Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...