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Flaws in Defence counterclaim Help


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The builder didn't respect court orders, three times, so his claim was thrown out.  You have the resulting court order.

 

He tried to get his claim reinstated in the set aside action, but failed.  Again, you have the resulting court order.

 

Once a claim has failed that's it.  The builder can't claim anything against you.  You won that part.  Well done.

 

The builder's dodgy solicitor hopes you don't know this and has made stupid threats which is why we keep asking him for an explanation which of course he can't give.

 

 

 

We could do with some help from you.

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Well, the negotiation period ends today.

 

You need to draft your report for the judge.

 

It'll be very short, the builder refused to budge.

We could do with some help from you.

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  • 2 weeks later...

They have not responded directly to me regarding the counter offer that i made (without prejudice) for £12k to be paid within 14days of the offer. ( parties paying their cost).

 

Whether this means they have effectively rejected it is not absolutely clear but probably it does.

 

I reminded them that the claimant already offer payment of £100p/w following the default judgement, was open and not “without prejudice" meaning he was prepared to pay the full amount of the debt. 

 

They have sent me copy letter they sent to the court on 01/06/2022.

 

Reads as follows: ” This claim has not been settled and needs to progress to Trial. The Claim needs allocating and we would suggest to the fast track and Directions given for hearing. “

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Posted (edited)

@simeon1964  -  didn't the Court Order dated 21 March 2022 require YOU (the claimant) to notify the court in writing by 30 May of the outcome of negotiations, and not the defendant?  See previous posts #226  -  #252.

 

I think @FTMDave was quite keen for you to ensure that the court knew from you that you had made negotiating approaches to the defendant, but that they had been rejected out of hand by the defendant.  By allowing the defendant to inform the court that "the claim has not been settled" leaves it open for the court to infer that neither he nor you has made any attempt to settle this - whereas you have actually tried to do so.

 

Or have I perhaps misunderstood what you are telling us?  (And apologies if I have misunderstood your post)

 

Edited by Manxman in exile
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Help with worrisome 

Damages: 

1. Security from claimant if he were to lose the case. This should be in the region of £20k given that he set aside  judgement and ready for proper defence.

2. How can the case be allowed to go ahead during set aside without this security deposit from claimant. This is to my detriment if the claimant loses and unable to pay. I am not being protected here. 

3. is there any law preventing me from doing this?(protection from financial loss! He could file bankrupt) 

4. Base on the evidence I have what are the possibilities of an application for summary judgement? 

5.  Is it too late to ask the court for this money security to be deposited to court ? 

6. All my personal effect still in the shed and storage. I am depress and not living 

7. I can no longer go on with further repairs as I have no resources to carry on. The hopes of renting is gone while bills are being paid with difficulty. 

8. Still no order from the court requesting for independent assessment of the loss /damages as par allocation questionnaire

 

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1.  Did you not ask this same question in post #19?  @Andyorch gave a couple of answers.  (The two of you had an exchange about it #19 - #29)

 

2.  As 1?

 

3.  As 1?

 

4.  I really don't know.  Hadn't you already won a summary judgment in this case that the court subsequently set aside?

 

5.  As 1?

 

6. and 7.  I'm sure this whole business is very upsetting and very distressing for you.  It's a terrible situation to find yourself in.

 

8.  See what others say.

 

 

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I'm sorry you're in this situation but you're stuck with the timescales of the legal system in England & Wales.

 

Hindsight is a wonderful thing but the £100 per month payment offer and/or immediate enforcement ...

 

Let's hope a final hearing date is fixed ASAP.

We could do with some help from you.

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  • 4 weeks later...

My client has considered the matter and considers most of the items claimed on the schedule of loss are not part of the contract be it the first contract or the second. The only items that are claimed that are part of the contract are as follows:- 1. Rain water goods £190.00 2. Damage wall whilst installing flitch beam to both kitchen and lobby (re-plastering) £300.00. 3. Removal of debris £150.00. 4. Mechanical extractor failed control switch £50.00. 5. Air brick – remove debris poor workmanship £50.00. The rest of the items claimed are not within the contracts. Your client is claiming for things that are to finish off the rest of his house e.g. double glazing. To conclude this matter our client is willing to offer £1,000 in full and final settlement of this matter. That amount is inclusive of interest and costs given it is a small amount and would fall into the small claims category. We reserve the right to refer to this offer in relation to costs at the Trial

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On 04/07/2022 at 12:34, simeon1964 said:

My client has considered the matter and considers most of the items claimed on the schedule of loss are not part of the contract be it the first contract or the second. The only items that are claimed that are part of the contract are as follows:- 1. Rain water go

 This is completely unacceptable and wonder if its worth replying to. Would need opinion for better way to reply to this dubious offer if needs any reply at all.

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Only you can know the strength of your case for your 16 grand claim.

 

If you're convinced that you have a good case for court then of course don't accept the offer.

 

You don't have to reply - but as the judge organised a negotiation period (which has now finished but negotiations can always continue) - personally I would reply simply stating politely that the offer is unacceptable.

 

It's interesting that the builder is budging.  Firstly he claimed against you, and lost.  Then he offered you nothing for your counter claim.  Now he is offering a grand.  Seems like he is not so confident himself.  The fact that he is an idiot (fancying ignoring a Directions Questionnaire, twice!) and having to pay money to this dodgy solicitor must be making a hole in his pocket.

 

 

 

 

We could do with some help from you.

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It's a little concerning you haven't received any court order after the end of this negotiation period.  I think it would be a good idea to ring the court and ask which stage the case is at.

We could do with some help from you.

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So finally you have your hearing.

 

You now need to prepare your Witness Statement.

 

You've seen the builder's solicitor's line of attack, basically accusing you of claiming for work unconnected to the two contracts.  Make sure in your WS you can back up why the builder is liable for every element of the 16 grand.

We could do with some help from you.

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The regulars here will certainly support in tightening up the English and the legal arguments, as we have in the past.

 

Only you know the strength of your case however.

 

Yes, the time fixed for the hearing is short, but I don't know how rigid that is, however it does mean that the WS needs to be watertight.

 

Presumably you can use the vast majority of your WS opposing set aside as the basis for your new WS.

We could do with some help from you.

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  • 4 weeks later...

regarding the directions for the Claim/Counterclaim. The timings are based on weeks from the hearing on Friday.

 

would be grateful if you could let me know if you are happy with the proposed directions. 

 

1)      Disclosure within 4 weeks.

 

1)      Joint Expert Surveyor nominated within 4 weeks.

 

    2)      Inspection 6 weeks.  -(2 weeks for the parties to consider all the documents that have been disclosed in preparation for witness statements.

3)      Witness statements are to be exchanged within 10 weeks. 

4)      Expert  instruction 12 weeks. 

5)      Expert report 16 weeks.

 

6)      Questions to expert 18 weeks.

 

7)      Replies within 20 weeks.

 The expert will have 2 weeks to respond to questions.

 

😎      Schedules 23 weeks.

 

9)      The matter is listed for a hearing of no more than one day at Manchester County Court.

 

 

 

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Yes, as usual you post things without any explanation.

 

We're not telepathic.

 

Who has sent you this communication?

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We could do with some help from you.

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Blood out of stone at last.

 

Due to your explanation - or rather non-explanation - we thought Friday was your showdown with the builder, where hopefully, you would win your 16 grand.

 

I now suspect the Friday hearing will be something different.  Attached is the court order you uploaded.  Apart from your details/builder's details/case number, is there anything you've accidentally blanked out?

Notice20222JulyCAg.pdf

We could do with some help from you.

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Not responded yet?

10 hours ago, simeon1964 said:

Thats is what I got from the solicitor and I have not responded yet

This was drafted by solicitor and I have not responded yet. Tomorrow Friday the 5th is the hearing. confused about this hearing for 30minutes and the draft direction from the solicitor.

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