Flaws in Defence counterclaim Help

[FTMDave]

I have work in five minutes, right through to 21:15 UK time.  That's far too late for preparing any documentation before the court closes or indeed the builder's solicitor's office does.

 

The best Simeon can do is print three copies out before court tomorrow and hand one to the builder's solicitor and one to the judge, and say it was the expert's late reply that made it impossible to respect the Scott Schedule part of the court order.

 

I can do some tweaking after 21:15, but I do mean tweaking, not rewriting a whole document like Manxman in Exile and I have had to do in the past.

[FTMDave]

Just knocked off work now and available for any tweaking.

[FTMDave]

Well after an hour and a half here no news from Simeon.

 

He'll have to take his chances tomorrow.  I would blame the late Scott Schedule on the late expert's report.  And take three copies of whatever he has prepared to the hearing.

[FTMDave]

You're joking, right?

 

You knew about the need for this document in August.

 

You've also known about the court date since ... well we don't know as you never told us.

 

You got the expert's report on Saturday (or earlier?) so could have used the rest of the weekend to get this document together,.

 

Anyway, if you want what you've prepared so far to be corrected then post it up now.  I'll be awake for around half an hour.  At least part of it can be dealt with.

 

 

[FTMDave]

3 minutes ago, simeon1964 said:

dont much clue about this sctt doc

Understandable.

 

Not much time really from August to March to do a little bit of research, find out what the court would want, and prepare a draft.

 

With 17 grand involved

 

Anyway, your money, your choice. 

 

We've been available to help this evening, you've been absent.  Still waiting.  Off to kip shortly.

[FTMDave]

What a total disaster.

 

The court order says the Parties (plural) have to prepare this document.  You can't just decide for the builder's solicitor. 

 

On Saturday I sent you the Wikipedia link which stated -

 

the claimant would be expected to set out each complaint separately and in the next column to identify what it will cost to put the item right. Further columns allow the respondent to reply on each item.

 

You could have prepared this document on Saturday and then e-mailed the builder's solicitor ... but oh well.  Usual mess up.

 

How on earth I know more about a Scotts Schedule which I hadn't even heard of until Saturday unlike you who have had since August to gen up ... is beyond me.

 

Good luck for tomorrow - you'll need it.

 

 

[FTMDave]

Yes, you're right.  At least the matters in dispute are listed and the other party can say if they agree or not to the words that Simeon has attributed to them.

 

It's just annoying that something is done wrong, when with a tiny bit of care & attention it could have been done right.

[FTMDave]

I agree with you all.

In fact that's why there are around 40 pages/1000 posts over the original thread and this continuation.  Sometimes Simeon jumps up and works in collaboration with us (e.g. the counterclaim PoCs) and other times disappears and prepares documentation elsewhere, presumably with his friend (e.g. his WS) so we haven't a clue what is going on.  We only found out about the hearing four days before and then only in passing.

In particular MiE has tried constantly to point out possible flaws in the case which the other side would pick up on, and his questions have been repeatedly ignored.

Things would have gone so much better all round with just basic attention to detail.

[FTMDave]

The way I read it is that Simoen has been ordered to pay the £7648 - but you're right Bazza, it's unclear.

 

How about briefly telling us what happened in court, Simeon?

[FTMDave]

But we have all thought for about a year that the builder's claim was struck out, and he failed to get it reinstated at set aside stage.

[FTMDave]

Thank you for your kind words.

 

7 minutes ago, simeon1964 said:

Totally confused on the day.

And this really has been the problem all along - confusion.

 

I have to go to work now but will write this evening.

[FTMDave]

I was going to comment on the huge mistakes made, not to criticise, but to draw lessons - but see that Bazza has beaten me to it.

 

When Simeon filed the counterclaim way back in early 2021 I hope he looked up the difference between small claims track/under £10,000 and fast track/over £10,000 and/or his legal friend advised him.  It was a huge risk going for £17,000.  The forum would have advised to go for £9,000 for part of the damage, and then if successful sue for the rest of the damage.  But the forum wasn't involved until September 2021.

 

This is the horrendous part of the "bill" - £6356 - and so easily avoidable.

 

So what will happen now is that Simeon needs to pay £7648 by 22 March.  The builder seems to have got himself a decent solicitor who got a good result for his client, annoying as that may be, and if the £7648 isn't paid on time methinks a few days later Simeon will get high court bailiffs banging on his door.