Flaws in Defence counterclaim Help

[simeon1964]

Prplies Feb23 up 150Cage.pdf

 

 

[FTMDave]

Thank you.

 

5 hours ago, simeon1964 said:

Late response from expert and waiting to hear if hearing will shift on Wednesday.

Which hearing?

 

Your two threads on this matter are around 800 posts long with numerous hearings and submissions.  We've already got mixed up once and mistaken a preliminary hearing for a final hearing.  People haven't got time to look back through pages & pages to see what stage you're at.  So what is supposed to happen on Wednesday?

 

5 hours ago, simeon1964 said:

He has brought a claim of £2,886.66 against me. Can I ask the court to dismiss his claim on wrongful filing of application? I once raised this at claimant's  stting-aside application and in my W/S. if so how do i make this effective?

Haven't got a clue.  You've never mentioned this new claim before.  How about, like, uploading the paperwork regarding this claim?  And what about, er, doing it for once without having to be asked?  To quote dx -

 

On 08/11/2022 at 18:53, dx100uk said:

and if you'd posted the whole lot up as one mass PDF as asked EVERYTIME YOU GET SOMETHING..we again would not have wasted time and numerous posts waiting to eventually see everything..

 

 

[simeon1964]

4 hours ago, FTMDave said:

Haven't got a clue.  You've never mentioned this new claim before.  How about, like, uploading the paperwork regarding this claim?  And what about, er, doing it for once without having to be asked?  To quote dx -

Sorry if I am not clear,: Its the same claim but was filed wrongly.

 

I discovered that the W/S of the claimant on para,8 admits amount of total contract to be £6,880.00 and the total amount he received was £4,366.60 which I agreed. Leaving £2,351.40 if the work was completed. The claim he filed against me should have been £2,351.40 but filed £2,886.66

 

He has brought a claim of £2,886.66 against me.

 

Can I ask the court to dismiss his claim on wrongful filing of the  application?

 

I once raised this at claimant's setting-aside application and in my W/S.

 

if so how do i make this effective?

[FTMDave]

But surely this was dealt with at the set aside application.

 

He sued you originally but his claim was chucked out.  He tried to have it reinstated at set aside but the judge refused.

 

That should be it.  His claim is dead.

 

Or has there been a new development?

[simeon1964]

No there is no new claim.  the same claim for £2,866-66. The claim figure was wrong and did not add up. 

If this claim was dead why is this  claim going on and judgement reinstated? I am not clear on this? 

[dx100uk]

11 minutes ago, simeon1964 said:

judgement reinstated?

what evidence have you of this ?

[FTMDave]

I apologise for being sarcastic towards you before, but you really do not make it easy for people to help you.

 

Please, finally try to understand what is happening legally.

 

Initially there were two legal "fights" going on, the builder against you for around £2800 and your counterclaim towards the builder for around £16,500.

 

You won on both because the builder didn't comply with court directions.

 

Then at the set aside hearing the builder managed to reinstate the £16,500 counterclaim "fight" (see attached).

 

The builder's original around £2800 claim, is dead, buried, gone for ever.  There is no mention of it in the attachment.

 

If you are referring to -

 

8. Because extras were added the total of due was £6,880 of which I have only received
£4,366.60. I carried out all work save for the piling which I could not undertake.

 

then that is simply the builder describing the events from their point of view.

 

There is no claim for you for around £2800.  You won that part of the dispute.

CAg Order TenJan.pdf

Edited February 26, 2023 by FTMDave
Typo

[simeon1964]

9 minutes ago, FTMDave said:

he builder's original around £2800 claim, is dead, buried, gone for ever.  There is not mention of it in the attachment.

Thanks, don't have full understanding of this legal jargons sometimes, the claim was £2866.66 not £2,800.00.

Regarding the expert position on this, how do i move forward? he increase claim by £300

[simeon1964]

1 hour ago, FTMDave said:

I'll join Bazza in the

thanks 

 

How would the other element of my claims be factored into the case? meaning resulting from the breaches, damages etc.

[dx100uk]

whomever , you?, raised the part 20 counterclaim needs to close it, discontinue it, whatever - thats the problem that the court is working on.

dont forget that claimant/defendant labels switch if the main claim is resolved but a counterclaim exists.

the raiser of the counterclaim then becomes the claimant, hence the confusion?

 

 

 

[simeon1964]

14 minutes ago, dx100uk said:

whomever , you?, raised the part 20 counterclaim needs

not clear on this' is this in respect of other element of the claim? 

[honeybee13]

dx is asking who started the part 20 counterclaim. You're the only person who knows this.

 

HB

[simeon1964]

I am the counterclaimant. is that to mean that i can close it or discontinue it, and what happens  after that 

[honeybee13]

Is that what you want to do?

 

HB

[simeon1964]

not at all . at the moment i do  not know what to do with response fronse from the expert on post #401

[FTMDave]

10 hours ago, simeon1964 said:

Regarding the expert position on this, how do i move forward?

I'm not 100% sure, as there have been huge delays in this case, none of which you've updated us on, and you haven't explained what is happening on Wednesday.

 

However, after finding the court order (attached) from six pages back, it seems the last step before the hearing is to produce a Scott Schedule which is defined here  https://en.wikipedia.org/wiki/Scott_schedule

 

11 hours ago, simeon1964 said:

the claim was £2866.66 not £2,800.00.

Yes, i know, that's why I wrote around £2800.

2022-08-11 courtletter - case allocated to fast track-hearing 2023-01-09.pdf

[simeon1964]

4 hours ago, FTMDave said:

I'm not 100% sure, as there have been huge delays in this case, none of which you'

Delay was from the expert and an attempt being  to postpone the hearing, but a word from the court yet.

This is all i got so far. Expert only moved £300.00

[FTMDave]

It's best you phone the court then tomorrow.  Best to be sure.

[simeon1964]

I hope to do that FTMDave.  As you know there is a wide margin between the expert witness report and the counterclaim. This amount falls within a small claim, unless i can win the argument against the expert.

[simeon1964]

No response from the court. might need to get my self ready for Wednesday the 1st of march

[FTMDave]

I thought you were going to ring the court just to make sure the hearing date is on Wednesday.

[simeon1964]

Yes the case is going on tomorrow just spoke to the court

[simeon1964]

11 hours ago, FTMDave said:

I thought you were going to ring the court just to make sure the hearing date is on Wednesday.

 

Yes the case is going on tomorrow just spoke to the court. I am confused now. I need to be ready for now and prepare 

[simeon1964]

If i dont succeed with this case, what will be the position of cost for the claimant's failed setting aside  application as against loosing the counterclaim. I do not have enough for defence against the expert report

[FTMDave]

The builder's original claim against you is dead.  You won.  If his solicitor brings up the matter of his claim you just tell the judge that has already been the subject of litigation and the builder lost.

 

As for your counterclaim, take all the evidence you have to back up the £16,500 (more or less) figure and show it to the judge.