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


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Thanks for the replies.

 

I've posted above the details in the Particulars of Claim. I've also been preparing for the court hearing for the statutory demand. I'm not quite sure what to expect So I'm likley overpreparing. I assume that will cause me no harm. I cannot afford to be declared bankrupt through any small ommission etc.

 

Is it advisable @BankFodder@Andyorch to make particulars of claim quite short and concise, or is it better to make it more detailed? I don't want to omit anything that I might require at a later date.

 

I've heard nothing back from Lord. I feel that my more assertive emails, and particularly the last one have made them decide to take notice

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Have you registered with money claim online yet? If you have been tried putting that particulars of claim in in and see if it fits within their word limit.

 

 

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I've made a couple of stylistic amendments. Please go back and have a look. Also need to total up the money that you are claiming.

Please post up the next draft version for us to have a look at.

Interesting that they haven't responded to your most recent letter proposing supervision et cetera. I can imagine that it has given them a lot to think about. I'm sure they didn't expect it at all.

 

As to your question whether a particulars of claim should be detailed. The answer is – no. Better to lay out the bare facts simply to establish a cause of action without giving too much detail away.

It's then up to them to produce a detailed defence

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Quote

 

The defendant builders entered into a contract on their own standard terms and dated 12/03/2021 (Invoice number 1554) with the claimant to carry out works to a rear patio.

 

The contract was carried out but in a manner which by the defendant's own admission was in a substandard manner. The work needs substantial remedial work to address the defects. The defendant has been provided with a full independent assessment and quotation and is fully aware of the issues in dispute. The defendant has been provided multiple opportunities to rectify the defective work, but has failed to do so. The defendant has been invited to address the defects under supervision

.

The defendant has declined to cooperate and has employed tactics which have undermined the claimant's confidence in the defendant company so that the claimant no longer trusts the defendant with the work.

 

Contractual price: £2650, deposit paid £530, cost of remedial works £2550, cost of survey £355

 

 

 

I've added a few sentences of my own. Am I correct in assuming that once I submit these particulars, the defendant will then submit details particulars, and then I will respond with much more detailed particulars? Thats my understanding of why it should be brief, because it does not show all of the avenues which we will pursue against them. That would be the point in which we would reference relevant law, legislation etc?

 

The Particulars you drafted encompass the dispute succintly in my view. Oviously they miss out a lot of the details

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No. You are wrong. And obviously you haven't done your reading of the steps involve taking a small claim in the County Court.

You submit the particulars. The defendant then supplies a defence. Later on if you want you can file a reply to the defence but generally speaking it is not necessary. At some point you may opt for mediation – but if the mediation fails then it will be listed for hearing and they would be an exchange of documents – both of you providing the other with a full copy of all the documents that they intend to rely upon at the hearing. This is called the court bundle. We have advice on preparing your court bundle as well and you should read this too.

This case will simply turn on its facts. There won't be any particular need to refer to any particular legislation or other law.


The extra lines that you have put in simply supply extra details unnecessary – and even some of the lines in my original version are unnecessary and we may remove them.
 

You still haven't totalled up the figures that you are claiming – even though I asked you to do this

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I've got a response from Lord. They're either isolating with covid. Having dental appointments or bed ridden.

 

Do we just wait till the 21 days are up and submit the particulars?

 

Good afternoon,

 

I've been bed-ridden for two days, I will rearrange once I get back on my feet.

 

Regards

 

James

 

 

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Dear James

I'm sorry to hear about your illness but I am not prepared to accede to what appears to be a request for an open ended delay.

You had my last letter more than two days ago and yet I had no indication from you that you are prepared to accept my proposed solution.

If you would like me to consider a further delay before I issue my claim against you then I require you to inform the court immediately in writing that you are withdrawing any objection to my application to set aside your statutory demand and provide me with a copy of your notice to the court.

If you not do this then that my deadline stands.

Believe me

Signed

 

I think you have to issue the proceedings in advance of the set-aside hearing. It is essential that the court sees that you are serious about having the issue decided on the evidence and by a judge.

If you accede to his veiled request for a delay then that will take you beyond the date of the set-aside hearing and you will not be able to say that you started litigation – and in fact they will be able to say that you haven't even done that.

I have no way of knowing whether the letter you have been sent is serious or simply an attempt to delay the issue of proceedings beyond the date of the set-aside hearing – but that would be the effect.

You must have a written letter in your hands before considering any delay. If you do receive such a letter then a delay would be reasonable.

 

In the meantime, make sure you are fully prepared and you can click off the claim on the stroke of midnight following the date of expiry of your deadline

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Sent this letter off immediately by email and put a copy in the post.

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They have replied straight away

 

Looks like they're not willing to engage at all now

 

"Good morning xxx,

 

I find that quite comical bearing in mind your sheer lack or response to any communication for months on end, with no attempt to resolve this dispute on either a daily or even weekly timeline.

Once I feel better and recieve a negative result, I will reschedule. If you wish to move forward with your court proceedings, feel free.

 

Regards

 

James"

 

 

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Yes.

Treat that as a waiver of your deadline.

Issue it straight away.

Write them a reply saying that as they have clearly waived their entitlement to the continuing of the the claim date you're now issuing the claim straight away.

 

 

 

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No. You should do it now. Before business closes for today.

Do it today and it's an extra day in your favour.

 

Don't wait till tomorrow because otherwise the time starts from the day after that.

 

I don't know how to to shock you into a situation where you realise how urgent this all is.

 

I think we've really had quite enough of you taking your time on everything.

 

 

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I work in a hospital and currently I'm not able to access the MCOL website.

 

I appreciate your help and encouragement but I'm doing everything as quickly as I can. 

 

Can I confirm that the last Particulars are acceptable as you advised it being as brief as possible

 

Thanks again

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Yes, they are okay and you should click it off straight away although I suppose you have probably missed today's deadline. Another day lost.

I understand that you have a job and commitment but on the other hand this is a serious matter and we are trying to dig you out of the mess that you have put yourself in – substantially because you have dragged your feet.

We have jobs as well and our families and we have our commitments and I think you should factor those in as well – but I don't think you do. If you were paying £300 an hour which is the very minimum going rate for the help we are giving you then I rather fancy that things would have happened a lot more quickly than they have.

 

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Any update on this please?

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Posted (edited)

The court application was paid and submitted Wednesday night

 

I also filled in a brief timeline before it could be submitted.

 

I've had no response from Lord. An email has come through from the court.

 

"The defendant needs to respond before 20 October 2021.

The defendant can ask for an extra 14 days to respond. If they do you will be notified of the date you need to respond by."

Edited by Chipsticks
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Thank you. What is the date of the set-aside hearing again please?

 

There won't be a response from Lord yet and I expect that the first response you will get will be simply an acknowledgement giving them an extra 14 days.

Don't be surprised if they decide to turn it over to some lawyers. Don't be fazed by this.

The most important thing is that you have got the process going before the set-aside hearing. You can present copies to the judge. And now it is absolutely clear that this matter is subject to a property dispute resolution process – probably in court.

 

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Set aside hearing is on 12th October 2021.

 

My main concerns are if they decide to counterclaim for the full amount pushing it out of the small claims track. Will I look bad for only issuing the smaller value claim? (small patio). I cannot justify why I haven't claimed for both. 

 

I've been building all the evidence for the set aside hearing to explain to the judge why it shouldn't apply.

 

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It's definitely a possibility but don't worry about it

You don't need to justify bringing a claim for simply one contract

There is clearly a separate contract. It is they who required it.

They will have to appreciate that it comes with the territory.

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Don't forget that if it goes to the fast track and they lose then they are saddled with your costs.

You should start keeping a very detailed log of all the time you have spent on this and the time that you will be spending in the future researching and understanding and bringing the case.

 

I suggest that you start keeping a spreadsheet of all the time you have spent including dates and minutes

 

 

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That all makes sense. Thank you @bankfodder

 

I've got a detailed timeline of all events I've compiled. I've also made a witness stamen for myself and my family members who have been involved. 

 

Im trying to make sure my defence is impeccable and I'm well prepared

 

You've been really helpful. Thank you

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I've received a new response from Lord. They seem to have ignored my previous email. They are stalling and making excuses as they have since the beginning. 

 

"Good morning xxxxx,

 

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.

 

The reason for the site visit is to ascertain exactly what was stipulated within the contract, and also the engineers’ recommendations, as they are both not mutually exclusive. With Lee Woodward running the remedial works, I wish for him to see exactly what is required so that we can formulate the plan of action.

 

I will liaise with Matthew and Lee to ascertain Lee’s availability and will get back to you to arrange a convenient time to suit all parties."

 

 

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