Being sued by builder - filed a counterclaim

[simeon1964]

Absolutely, never expect it will be a free ride, only shocked to hear its default judgement . Are your now clear on claimant solicitor claim on 4x the amount or I have got something wrong?

What about the "Authority, skeleton argument, and believe this should go tomorrow if its three days before hearing?

 

[simeon1964]

As per the court directions, I still don't know how to prepare the e- bundle if i have three days before hearing, it should leave today, any help

[simeon1964]

Got this from claimant solicitor this morning:" 

ttached is the claimant's defence to the counterclaim.

 

In the interests of time and saving costs you are formally invited to agree my clients application.

 

All this involves is allowing my client the chance to defend your claim and for his to continue.

 

You can both put your evidence to the court in due course in the future.

 

If you will agree to this request I will draw up a consent order for you to sign and it will negate the need for a hearing and all costs that result from me having to prepare bundles etc.

 

[simeon1964]

Another "you need to send this over today.

 

We will do the index as represented parties are obliged to.

 

I will also be contacting the court but that increases costs so please send over any orders you have."

 

 

 

[simeon1964]

Thanks, I am standing my ground and thanks again in the middle of the bundle

[simeon1964]

3 hours ago, simeon1964 said:

I will also be contacting the court but that increases costs so please send over any orders you have."

 

Could somebody explain this please?

[simeon1964]

Filed the bundle and got this claimant solicitor,"

 

 

CagJan422 Claimant denfenceDact.pdf

[simeon1964]

 The Solicitors writes : "In advance of the hearing, please can you explain why between 26 November and 16 December you ignored 4 text messages and 2 telephone calls which were expressed as urgent in respect of the enforcement action you commenced.

 

I look forward to hearing from you. "

[simeon1964]

He had sent me what he called the "original court bundle" which I am looking at the moment:

Should he be including the copy of his defence to my counterclaim that he sent me yesterday into the bundle?

 

 

The hearing before the Court is the Claimant’s Application to set aside judgment on the counterclaim and to reinstate his own claim.

 

The Claimant is a builder and commenced proceedings himself on 25 February 2021, as a litigant in person, in respect of monies owed from work carried out to the Defendant’s property.

 

On 27 March 2021, the Defendant filed a Defence to the Claim and brought a Counterclaim against the Claimant. Inter alia, the Defendant disputes the Claim brought by the Claimant alleging that the work was not performed to reasonable quality.

 

His counterclaim stated that he had allegedly sustained financial loss in the sum of £16,577.12. The statement of truth is dated 26 March 2021.

 

Around this time, the Defendant retained solicitors to act for him. Following this, the Court issued orders for the submission of Directions Questionnaires. The Defendant, via his solicitors, filed their Directions Questionnaire.

 

A further order was issued on 25 May 2021 requiring the Claimant to file their Directions Questionnaire by 11 June 2021 failing which the Claim be struck out. Having failed to comply, the Claim was struck out pursuant to an Order dated 19 July 2021. Judgment was entered in respect of the Counterclaim.

 

The Claimant instructed solicitors on 9 September 2021 and an application was made on 13 September 2021 to reinstate the Claim and to set aside judgment on the Counterclaim. The Claimant disputes the allegations made by the Defendant both in terms of there being any negligence or breach of contract.

 

The Claimant also disputes the amounts claimed and the both the existence and causation of the alleged faults. The Honourable Judge is asked to adjudicate on the Claimant’s application at the hearing on 10 January 2022 at  via BT Meetme. 

 

In the event that claimant application is upheld, would I be able to ask the court to amend my Defence counterclaim and ask expert assessor to value the cost of repairs at the hearing or I have to put the request in the bundle now?

 

Thanks

[simeon1964]

My bundle went yesterday, I was sent the solicitor bundle today.

Can I forward pleadings in my bundle tomorrow, ? This is for builder leaving my property in this deplorable condition for over, deprived of rental income, etc for over a year plus my declining health issues if claimant is granted set aside, it might take another year living in this condition if I survive my health issues. 

[simeon1964]

 The cover note from solicitor reads,  "Attached is the official bundle for the hearing. You are referred to the order which states that the Claimant (Whitehead) should prepare this.

 

The bundle contains core documents necessary for the Judge. I have included your witness statement in response. In my view the other items are not essential for the hearing. The purpose of the hearing is not to try the case but to adjudicate the merits of the application.

 

I strongly recommend that you resist sending any more documents to the court. It places an untold burden on the staff and also the size of the attachments is a burden on the IT system.

 

I have reduced the size of the PDF to assist the court and hopefully make the Judge’s life easier in accessing the document.

 

Given the fact we have cross claims for both parties, I have drafted a neutral case summary which sets out the chronology and what both side’s versions of events is. I reiterate, this is not an opportunity for you to put your side again – you have done this in your witness statement.

 

I have resisted making a further statement for similar reasons as above – the Judge has just 30 mins to hear the case and is unlikely to have very long before the hearing to read over everything. You will have an opportunity to address the Judge at the hearing and make any additional points that you want to. My client also will do likewise – this is a better use of time and more expeditious for the court than further statements being submitted.

 

I hope you take on board this invitation. You are forgiven for thinking that litigation is all adversarial – that is not the purpose of the civil procedure rules – the parties are obliged to work together and bring things to a conclusion swiftly and in the least invasive way to the court. "

 

 

 

[simeon1964]

51 minutes ago, simeon1964 said:

Can I forward pleadings in my bundle tomorrow, ? This is for builder leaving my property in this deplorable condition for over, deprived of rental income, etc for over a year plus my declining health issues if claimant is granted set aside, it might take another year living in this condition if I survive my health issues. 

 Ok to forward pleadings ?

[simeon1964]

Well done, and thanks all

 

[simeon1964]

When I address the judge, will I go through the relevant witness statement point by point or will assume that the judge would have read the WS?

[simeon1964]

Meaning, I will not have to say anything or ask questions.

[simeon1964]

Thanks for for this, that's litigation, too involve. You all have done the outmost. I will take it on the chin if it goes against me, as I am now getting ready to re-boot, not that I like to.

[simeon1964]

I have now got the Lawyer statement of cost for the hearing being £2,300.00, as a self litigant, bet mine is not going to be near that.

[simeon1964]

If granted, would i be given opportunity to comment on the cost?

[simeon1964]

My claim is 16k

[simeon1964]

Thanks for this note looks polite enough, The solicitors has sent worst than this to me, I just ignored it. But I will hold on to this for the weekend if ever I am going to reply, i will do so on Monday, few hours before the hearing and thanks again.

 

Can I also add that, there is no supporting statement from the friend who he had asked to deal with his claim in any of his witness statement.

 

Do I need to show that he has no real prospect of success with my witness statement that include pictorial evidence

[simeon1964]

 

32 minutes ago, FTMDave said:

Very well spotted.  I think tomorrow we need to prepare very brief points that you can quickly make if the judge lets you speak, including that there is no evidence of this person existing.

 

 will do and thanks

[simeon1964]

Letter to solicitor and copy to court by me"

Dear claimant's solicitor

 

I note the content of your recent communications.

 

I deny that at any stage have I engaged in any conduct that could remotely be described as "harassment" of your client. I have been living in a squalor your client left me for over a year. I do not rent property as you claimed, I would like to. to argument my pension. But was not to be, as the property still in the state your client left it in October2020, not fit for human habitation nor for rental income.

 

On top of this I have been sick since November of 2020 and not recover from my illness till today. I will also like to tell you that in between my sickness I was diagnosed with cancer in August 2021, my treatment started in October 2021. You can see, I now have double whammy of sicknesses. I cannot cope. You can see that all the firm of solicitor did was direction questionnaire, then seek judgement.

 

 

 All I have done is to attempt enforcement of the judgment correctly awarded in my favour against your client on 14th July 2021, such judgment being awarded, may I remind you, because of your client's wilful ignoring of an earlier court order.

 

Any costs that are incurred by your client are entirely due to their own failure to follow the instructions in that court order and to follow the judgment

 

On the contrary, I consider your conduct towards me, a litigant in person, to be both intimidatory and unprofessional, I shall inform the court of your conduct and make a formal complaint to the SRA 

 

I will not engage in any further non-constructive correspondence with you prior to the set aside hearing., and I am attaching your email communication to the court.

 

 

Yours etc"

 

[simeon1964]

4 minutes ago, honeybee13 said:

Please wait for other comments, Simeon. I thought a couple of people said not to write.

 

This is response to the email the Lawyer sent me asking why I have not responded to all his calls and letter: "

In advance of the hearing, please can you explain why between 26 November and 16 December you ignored 4 text messages and 2 telephone calls which were expressed as urgent in respect of the enforcement action you commenced."   ("

I can now show a pattern of behaviour from you where you ignore emails that request important action from you and then you continue to serve your own agenda which harms my client.

 

I will be making these submissions to the judge and will now seek a costs order against you.

 

I have tried to help and guide you through this but you insist on ignoring me 

 

Please stop sending emails to me and the court now.) "

 

 

[simeon1964]

Yes

[simeon1964]

18 minutes ago, honeybee13 said:

Were you representing yourself between the dates mentioned by the other side or was your ex-solicitor involved for some of that time please?

 

Yes I was representing myself