Being sued by builder - filed a counterclaim

[Manxman in exile]

I think if I were @simeon1964 I'd find it more reassuring to take the view that at the moment there is only a single process going on - and that is the claimant's set-aside application against the judgment by default.  He needs to focus all his attention on that until it is decided.

 

My view would be that it's only if the set-aside application is granted that he needs then to worry about the substantive action.  (I know there's a lot to be said for "hope for the best but prepare for the worst", but at the moment I think the OP is best advised to both hope and prepare for the best - ie the set-aside hearing - and worry about the claim and counterclaim afterwards).

 

But that's just how I'd approach it...

[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.

[FTMDave]

More silly threats.

 

Even if the set aside were to be granted, you can be damn sure that the judge would conclude the builder brought the situation upon himself and make him pay the costs of the hearing.

 

You could reply to the lawyer that your costs would be £230,000

[simeon1964]

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

[dx100uk]

how much was your claim for?

 

dx

[simeon1964]

My claim is 16k

[FTMDave]

Maybe it's just me, but I'm thinking that the builder's solicitor has gone way over the top in his attempts to unnerve you and I wouldn't mind replying to put him back in his box.  Now we don't usually recommend letter tennis but I'd be tempted to send -

 

"Dear XXXXX,

 

thank you for your latest silly and boring threat.

 

You are sailing very close to the wind, describing lawful enforcement action in accordance with court procedure as harassment and pretending that you charge nearly two and a half grand for drawing up a simple document and then appearing at an on-line hearing for 20 minutes.

 

If I receive any more of this nonsense from you I will immediately make a complaint to the Solicitors Regulation Authority.

 

Yours"

 

However, don't rush off and send this.  Others may disagree and think ignoring is the best strategy.  We have the whole weekend to discuss.  Just I think his rubbish has gone on for far too long and it's time to undermine him when he opens his post on Monday morning just before the hearing.

Edited January 8, 2022 by FTMDave
Typo

[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

[FTMDave]

10 hours ago, simeon1964 said:

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.

As no-one has objected i suggest you send it today, exactly as written.  There's a chance the solicitor will check his post over the weekend.  He needs to be shown his stupid games are getting him nowhere.

 

10 hours ago, simeon1964 said:

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.

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.

 

10 hours ago, simeon1964 said:

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

Yet again, Monday is about set aside only.  He has a skeleton case (you didn't pay) as do you (he damaged the property) and you've included an outline in your WS.

[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

[AndyOrch]

Personally I wouldn't send anything. A bill of costs means nothing.....and a response signifies they have you worried....the court decides costs subject to the set allowance set by the relevant CPR assuming their application is successful.

 

Andy

[Manxman in exile]

I don't think I'd send anything at all either.  But if I was going to, I think I'd tone down FTMDave's suggestion:

 

"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 "harrassment" of your client.  All I have done is to attempt enforcement of the judgment correctly awarded in my favour against your client on (insert date), 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, and if I receive any similar communications from you, 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.

 

Yours etc"

 

(Assuming all that is a fair reflection of events - there's too much here to take in.  The main reservation I have is about the OP not ceasing enforcement action when he was told that a set-aside application had been made.  I know the application hadn't yet been granted, but I think there may have been a communications breakdown when the OP "sacked" his solicitor.  And he was advised here to ignore anything about a set-aside application on the grounds it was probably fake...)

 

But I'm inclined to agree with Andyorch, and send nothing at this stage, and wait for the set-aside resolution

 

 

 

 

[FTMDave]

Point taken Andy, MiE, you're right, best to maintain radio silence with the solicitor and concentrate on preparation for the hearing.

 

The beauty of the forum is that there can be discussion & disagreements with the best strategy then being hammered out.

[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"

 

[honeybee13]

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

 

Plus, what you're saying doesn't seem to be relevant to the set aside hearing.

 

HB

[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.) "

 

 

[honeybee13]

Thank you for the reasoning, that had slipped my mind.

 

HB

[honeybee13]

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

 

HB

[simeon1964]

Yes

[dx100uk]

There is an or in hb's question....

[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

[FTMDave]

OK, this is my fault, I suggested replying forcefully to the solicitor - but others with much, much experience than me advised to ignore his provocations.

 

Don't get sidetracked in things that are irrelevant to tomorrow's set aside hearing.

 

This afternoon I will try to list the important points to mention to the judge if you are asked to speak.

[simeon1964]

No action taken yet,  just for editorial and thanks as I wouldn't want to do anything that might harm my defence.

[FTMDave]

Good. 

 

My fault.

 

More this afternoon.

[simeon1964]

CostSolicitors2022.pdf