Flaws in Defence counterclaim Help

[FTMDave]

And the builder's solicitor.

[simeon1964]

2 minutes ago, FTMDave said:

nd the builder's solicitor.

The court order didnt say I should but says they should respond to counterclaim by 24Feb

[simeon1964]

Can i just put I am claiming 16k being cost to repairs of damaged and unfinished work to mu property 

[Andyorch]

16 minutes ago, simeon1964 said:

The court order didnt say I should but says they should respond to counterclaim by 24Feb

 

Yes it does ..." The Court and the Claimant "

[Andyorch]

14 minutes ago, simeon1964 said:

Can i just put I am claiming 16k being cost to repairs of damaged and unfinished work to mu property 

Time for you re read the order see point 3 again...in particular the words " a fully pleaded counterclaim "

[Manxman in exile]

21 minutes ago, simeon1964 said:

The court order didnt say I should but says they should respond to counterclaim by 24Feb

 

Sigh!

 

Yes it does!  I told you the other day to read again the court order that YOU posted in #46.  It clearly says in para 3 that you must send particulars to both the court and the (original) claimant.  ie the builder

[Manxman in exile]

18 minutes ago, simeon1964 said:

Can i just put I am claiming 16k being cost to repairs of damaged and unfinished work to mu property 

 

Exasperated sigh!!!

 

simeon - go back to #165 and read para 18(a) to (d) of your particulars again!  It's a breakdown of what you are claiming!  That's the whole point of para 18!

 

You aren't suggesting ignoring #165 and just putting in particulars saying "I claim £16k for cost of repairs to my damage and unfinished work" are you?

 

FTMDave and I have sweated blood over the last week to produce #165 for you to submit today... 

[Manxman in exile]

Wish I'd read this before getting involved in this thread...

 

 

[FTMDave]

I have a full day of work and can't be pestered with this constant inability to follow simple instructions that even a child at primary school would have no problem with.  So here it is in a single post.

 

1.  E-mail the court.

2.  Copy to the builder's solicitor.

3.  In the subject field put "Claim no.XXXXX, Claimant (XXXXX builder's name), Defendant/Part 20 Counterclaimant (XXXXX your name).

4.  Write "Good afternoon, in accordance with the court's order of 10 January I attach my detailed Particulars of Counterclaim.  Yours, XXXXX".

5.  Attach the document.

6.  Click the "request receipt" bit.

 

Or do something completely different and lose your 16 and a half grand.  Up to you.

 

 

[Manxman in exile]

simeon  -  you do understand which document FTMDave is referring to, dont you... ?

[simeon1964]

ManxmaniE/FTMdave. you are both amazing thank you. Sorry if am a little bit. You are the best.. Can only hope for the best.

[Manxman in exile]

I assume you got it all off ok?

 

Congratulations!  Well done!

 

 

[FTMDave]

Now that the dust has settled on filing the Particulars of Counterclaim, my thoughts are turning to the builder's solicitor.

 

Simeon, did you send the e-mail I suggested on your other thread to take the wee wee out of the solicitor about costs?

 

You're dealing with a very aggressive individual who constantly tried to unnerve you the day before the hearing and lied without actually technically lying and pretended you would have to pay two and a half grand in costs.  This behaviour is likely to continue in the lead up to the next hearing and I think it's important there is a shot across the bows and you make it clear you won't be easily intimidated.

[simeon1964]

On 24/01/2022 at 18:24, FTMDave said:

Simeon, did you send the e-mail I suggested on your other thread to take the wee wee out of the solicitor about costs?

 

 

I did not, neither have I responded to him on that matter and the matter, he wanted me to explain why I have not responded to his texts and phone calls.

 

After sending him copies of the Particularised counterclaim on Monday, he replies " I have asked you the same question several times. Please can you urgently respond."

This is how far I have gone with him. I have not responded to that as as well,  I am  thinking of  how to go about it,  if ever he's going to get my response.

[simeon1964]

But I  previously asked him to agree with me to extend the deadline and send me copy of the order of the 10 Jan. because I didn't remember all the details, he declined by sending email to answer his question first, probably surprised that I met the deadline.

[Manxman in exile]

@simeon1964  

 

4 hours ago, simeon1964 said:

 

I did not, neither have I responded to him on that matter and the matter, he wanted me to explain why I have not responded to his texts and phone calls.

 

After sending him copies of the Particularised counterclaim on Monday, he replies " I have asked you the same question several times. Please can you urgently respond."

This is how far I have gone with him. I have not responded to that as as well,  I am  thinking of  how to go about it,  if ever he's going to get my response.

 

can you just remind us what texts and phone calls of his he is complaining that you haven't responded to?

 

I ask because if it is only to do with his questions from the original thread about why you ignored his requests to cease enforcement of the original default judgment against his client, then he just might have a valid point...   (See my post #178 in the original thread.  I think it quite possible that you might have been responsible for - or at least contributed to - any confusion over enforcement of the original order.  Although to be fair to you, you may have been misled by early suggestions on that original thread that the set-aside application was just a bluff.).

 

If that is all he's complaining about then I don't think it is necessary to respond to him at all and I think I'd ignore him.  However, if you feel it necessary to respond to him I would simply say something along the lines that all you did was to lawfully attempt enforcement of the default judgment correctly awarded in your favour against his client on (insert date), such judgment being awarded because of his client's wilful ignoring of an earlier court order.  Until his client's set-aside was granted you were perfectly entitled to enforce the order that had been made in your favour.  But I don't think I'd bother to get involved in what FTMDave previously described as "letter tennis" -  it's a distraction.

 

But if he's complaining about other questions and texts to you, can you remind us what they are, or were?  Until you tell us we can't suggest whether you should respond or not.

 

As regards FTMDave's suggestion about sending a letter to the solicitor complaining about their threats about costs etc., I'm not sure I agree.  I'm not sure it would be productive and I suspect it would be like water off a duck's back to the solicitor.  But if you want to complain to him you could send something off to the effect that as a litigant in person you consider his conduct in issuing threats to you regarding costs etc to be unfair and to be in potential breach of 1.2 and 1.4 of the Code of Conduct for Solicitors, and that if he does not stop harrassing you, that you will complain to the SRA.

 

BUT DON'T SEND ANYTHING OFF TO THE OTHER SIDE'S SOLICITOR UNTIL YOU'VE HAD SOME INPUT FROM OTHER POSTERS ON HERE!

 

MY SUGGESTIONS MIGHT BE COMPLETELY WRONG!

 

 

[simeon1964]

44 minutes ago, Manxman in exile said:

BUT DON'T SEND ANYTHING OFF TO THE OTHER SIDE'S SOLICITOR UNTIL YOU'VE HAD SOME INPUT FROM OTHER POSTERS ON HERE!

 

MY SUGGESTIONS MIGHT BE COMPLETELY

 

I will not.

Here is what he says "

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." Sent 05/01/2022

 

I do not know why I should engage in telephone conversation and texts with claimant's solicitor when he could have written me. When he did write I responded immediately.

 

[Manxman in exile]

Let's wait and see if anybody else has anything to say.

[FTMDave]

I don't think having different opinions is a problem on a forum.

 

In fact I'd go further, often different opinions are essential to thrash out how best to go forward in a legal dispute.

 

But be that as it may, Manxman in Exile's point is extremely important.  Was the solicitor's moaning simply connected to these four text messages and two attempted calls, or is there anything else?

[simeon1964]

Absolutely yes. Moaning about texts and phone calls. When he wrote I responded within 14days.

[Manxman in exile]

3 hours ago, simeon1964 said:

Absolutely yes. Moaning about texts and phone calls. When he wrote I responded within 14days.

 

Right - so are you confirming that all he is complaining about is that you did not respond to his 'phone calls and text messages back in November and December when he was trying to get you to cease enforcement of the original default order against his client?  Is that all he is complaining about?

 

If that is all he's complaining about now, then I don't see why it's still an issue for him.  It's all water under the bridge since the court granted his client's set-aside application back in December and I would have thought is a dead issue now.

 

Also, his message that you quote in #192 was sent before the last hearing - wasn't it? - and asked for a response before that hearing.  So now that that hearing has come and gone, is he still making the same complaint now, after the hearing?

 

I think that if the above is all he's complaining about I'd be inclined to ignore him and let the case follow its natural path.  But others may have a different view - I don't know.  If he's complaining about something else, well what is it?  You're the person he's complaining to!

 

@FTMDave - yeah I agree.  Nothing wrong with a difference of opinion and I think it's right that simeon appreciates that there may be valid differences of opinion as to the best way to proceed.  There may not be a clear-cut answer.  As regards (1) responding to the other side's solicitor's moaning about simeon's failure to reply to his messages and (2) simeon making his own complaint about the solicitor's conduct towards him - I simply don't know.

 

I'd be inclined to ignore both, but I don't know enough to know if simeon is under some sort of obligation to respond to requests and questions from the other side's solicitors, or whether he should just leave all communication to the court process.  I simply don't know enough about how the court works to be able to say either way.

[Manxman in exile]

Question re costs  (I'd like this to remain a separate post please)

 

Can somebody who knows more than me explain to what extent simeon may or may not be liable to pay the other side's costs?  Because I don't understand the position here.

 

I'm aware that the normal rule is that if you lose a case then the other side's costs can be awarded against you.  But I'm also aware that in some courts (eg small claims or however it's called) that you won't have costs awarded against you even if you lose, apart from in exceptional circumstances.

 

So in this case, simeon is claiming in excess of £16000.  If he were to lose the case, what is his exposure to costs here?

 

(Apologies for a really stupid question but I'm asking because I don't know!  And maybe simeon doesn't either... )

[Andyorch]

Fast Track (claim exceeds 10K) 

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part45-fixed-costs

 

[Manxman in exile]

Thanks.

 

So having quickly looked through that second link, @simeon1964 needs to be fully aware that he might be liable to pay the other side's costs if he loses this fast track case?

 

(The first link is blocked for me.  Is that a problem with the link or is my AV software not liking it?)

[Andyorch]

Problem with our link but im sure your aware of what Fast Track entails 

 

Fixed hover your mouse over the word.

 

 

 

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