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My opinion, and just my opinion.

 

The solicitor stated that simeon was uncooperative and should have stopped enforcement - yet when asked for a short extension to the counterclaim drafting deadline refused.  No problem with that.  The solicitor was right.  Both actions were in the interest of the builder, who is the solicitor's client.

 

However, I think it is particularity aggressive of this individual to try to undermine simeon on a Sunday before the hearing with a mountain of e-mails, and try to make out simeon would end up paying two and a half grand for the hearing.  The solicitor is still moaning on about simeon not replying to texts before a hearing which is long over, water under the bridge as MiE correctly says.

 

If it were me I would give the solicitor a taste of their own medicine.  This is because:

   1.  the aggressive stuff will start again on the way to the next hearing so it's important to show simeon won't be bullied;

   2.  simeon has shown weakness (understandably) by asking for an extension;

   3.  I've had personal experience of pompous solicitors trying it on with me and then them being flabbergasted and out of their depth when I fought back and for once they didn't get their own way.  So I would send -

 

 

Dear XXXXX,

 

I refer to the tsunami of e-mails I have received from you recently and especially on the Sunday before the recent set aside hearing , most of them totally unconnected with the matters in dispute between your client & myself.

 

However, I am writing in the spirit of cooperation that you suggested, to point out that your administration department made a mistake that Sunday and accidentally e-mailed the bill for your client for the set aside hearing to me instead.

 

That is no problem for me, I realise such mistakes are easy to make in the era of e-mail.

 

Please kindly note though, that when you carry out work on behalf of clients, that the addresses to be billed are the addresses of your clients.

 

Kind regards,

 

 

Others may disagree, which is fine.  It's up to simeon at the end of the day.

 

Sending this won't win the case or lose it, and not sending it won't win the case or lose it.  I just think it would be a slight advantage for simeon to show he won't be bullied and to put the solicitor on the back foot.

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If we think it'll be to simeon's advantage to respond to the other solicitor - and I don't disagree with that - then I might word it slightly differently.  Let me think about it and I'll post something later.

 

If I were going to send him something I'd send something like this:

 

"Dear xxxxx

 

I refer to the excessive number of emails [and text messages or whatever] that you have recently sent me, and especially those sent on the Sunday before the recent set-aside hearing, [Is that accurate and correct simeon?] most of which do not appear to be directly connected to the dispute between your client and myself.

 

I would like to remind you that as a litigant in person I am already at a disadvantage in this matter, and that I consider your conduct in bombarding and harassing me with emails and texts that are only tenuously connected to the dispute at hand to be an attempt to further disadvantage me unfairly, and to be in potential breach of sections 1.2 and 1.4 of the Code of Conduct for Solicitors.  (Those sections impose a duty of fairness on solicitors in dealings with both their clients AND others).

 

If you do not cease these messages which seem to be solely intended to bully and intimidate me, I shall have no hesitation in complaining to the Solicitors Regulation Authority [or whatever they are called].

 

I do of course remain willing to engage with you on behalf of your client in any genuine attempt by you both to resolve this matter amicably.

 

Yours sincerely,"

 

[The next bit is optional… ]

 

"PS – Your billing department appears to have sent me a copy of a bill intended for your client.  This seems rather unprofessional to me and I would have thought might even be a breach of client confidentiality.  You may wish to speak to them."

 

But I'd want input from others before deciding to send it.  I really don't know if it's a good idea or not...

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Manxman in Exile, you don't mess about!  I was in for some light sarcasm, but you're giving the solicitor both barrels!

 

I think it is important something is sent to put the solicitor on the back foot.

 

See what others think over the weekend, and especially it's up to simeon who will know exactly how things stand with the solicitor and the appropriate level of the fightback.

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@mantis shrimp  -  Apart from not being sure about sending a letter at all(!) I think I agree about omitting the PS.

 

The problem is that I don't understand quite what happened there.  (I readily admit to a lot of difficulty in following much of what simeon tells us... ).  I'm not sure if the other side's solicitor sent their client's bill to simeon by mistake, or whether the solicitor sent a mock-up to simeon to demonstrate the level of costs mounting up in an attempt to intimidate him into withdrawing the case.

 

I think FTMDave might have a better understanding of exactly what happened there than I do... 

 

=========================================================================

 

@FTMDave  -  I quite like the letter!  🙂  But I don't know if it's a good idea to send it!!!   😲

 

Personally I'd be inclined to leave it and let the case run its natural course.  I don't know if it would be appropriate to send such a letter or not.  I wouldn't want simeon to overstep the mark or do anything to make his position in this case any worse than it already might be.  In particular I would not want the other side to have any grounds to complain to the judge (although perhaps simeon has grounds to complain to the judge?.)

 

Also, I'd always understood that you could only complain to the SRA about a solicitor if you were his client.  But I'm pretty certain that I've read somewhere that 1.2 and 1.4 of the Code of Conduct require a solicitor to act fairly towards their clients and the court, AND "others", which I assume in this case would include simeon.  But whether that is 100% correct or not I simply don't know, and I don't know if it would be "improper" to complain to the SRA in the middle of a case or not.  I suppose simeon could threaten to do so after the case has been decided.  I just don't know what course would be best for simeon and I wouldn't want him led off in the wrong direction.

 

So I'm in two minds about sending a letter at all.  I'd be happier for someone with more knowledge and experience of court procedure and the conduct of trials than I have to say whether it is a good idea or not.

 

The other problem I have (and I'm not sure how to put this without risking hurting simeon's feelings - but I'm saying it in his best interests) I've looked back at some of simeon's previous threads and there would appear to be a recurring theme of aborted court claims and miscommunication with legal advisors (eg a direct access barrister he engaged) that might be re-appearing in this case.

 

I appreciate that English is not simeons' first language and that he has been seriously ill recently, but I'm a bit concerned that he does seem to get the wrong end of the stick a lot and I'm a bit worried that all we really know about this case has been filtered through him.

 

Apologies to simeon for saying so, but without having first-hand knowledge of all aspects of this case, I just hope he's not digging himself deeper into a hole...  (And I am saying that in his best interests).

 

Anyway, I'll be keen to see what the defence aginst the counterclaim is.

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I can see MiE's point about whether to write to the other side's lawyer. It isn't like playing hardball with a firm representing a PPC where they're a known quantity to us, as in being not very good at their job. and there isn't as much at stake.

 

But for legal experience, you probably need @Andyorch.

 

HB

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Illegitimi non carborundum

 

 

 

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I personally wouldn't send it....regarded as tit for tat once litigation is in process...nor are you legally required to converse with the opposing party during the process unless it vis a mediation or the court has directed it.

 

Save anything  further for statement's or skeletons if directed by the court.

 

Andy.

 

 

.

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18 minutes ago, Manxman in exile said:

The other problem I have (and I'm not sure how to put this without risking hurting simeon's feelings - but I'm saying it in his best interests) I've looked back at some of simeon's previous threads and there would appear to be a recurring theme of aborted court claims and miscommunication with legal advisors (eg a direct access barrister he engaged) that might be re-appearing in this case.

 

If you are helping to better resolve  my problems, i feel  no-way about it. You mentioned previous threads before, by all means do, if it fixes a the puzzles. I do not see any reason why any of my previous threads should prevent your involvement in this one.  Every case is different, this is different. If there is anything you want to know do ask me. Sometime trouble comes to you without seeking one. This is typical example.

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Debate over.  Andyorch has vast experience in these matters so it's best to follow his advice.

 

I was just annoyed with the solicitor and wanted him to get some of his own medicine.

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The condition and the state of my living is very depressing, almost two years since I moved in and almost 18 months since the builder started his unfinished repair that he self-terminated in October 2020.

 

I am living in depressing state as I cannot progress further repairs, because of the pending litigation. My finances to carry on is completely affected as I was intending to rent spare rooms from my three bedrooms property when work is complete.

 

 Should I now touch the “crime scene” carry on with my life, or wait till the case is over or get an assessor, survey to attest the cost repairs and damage before any repair.

 

This case might leave me penniless and make me more unwell and never be able to get my money back even if I win this case.

Edited by dx100uk
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There is nothing stopping you starting repairs, as long as you have evidence of the damage.  So before you get an area repaired take lots of videos and photos of it.

 

It would probably be best to communicate this to the builder and maybe get an independent report and so I wouldn't do anything until the builder files his defence as you can be sure the solicitor will ramp up the attempts to unnerve you and will be an absolute pain until this point is passed.

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"The copy of particularised counterclaim was what I sent you and you are sending yet again unconnected materials different to the court direction and failed to acknowledged its receipt. Below is my response to your harassment and bullying: 

   

I refer to the excessive number of phone calls and text messages that you have recently been complaining about if ever there was any phone calls or texts, as my first contact with you was 13th of December 2021 on a recorded delivery letter dated the 9th December. Because you did not get replies from these unsubstantiated phone calls and texts you declined to agree with me to ask the court for an extension to file papers to the court, knowing that as litigant, which was what you were pleading for your client on a set-aside application and which the court granted you but you denied me your approval to ask the court for an extension.   

  

The few days before the recent set-aside hearing, most of allegation and complains do not appear to be directly connected to the dispute between your client and myself, but to unsettle a litigant.  

   

I would like to remind you that as a litigant in person I am already at a disadvantage in this matter, and that I consider your conduct in bombarding and harassing me with telephone and texts that are only tenuously connected to the dispute at hand to be an attempt to further disadvantage me unfairly, and to be in potential breach of sections 1.2 and 1.4 of the Code of Conduct for Solicitors.  (Those sections impose a duty of fairness on solicitors in dealings with both their clients and others).  

   

If you do not cease these messages which seem to be solely intended to bully and intimidate me, I shall have no hesitation in complaining to the Solicitors Regulation Authority and put the court on notice about your behaviour.   

   

I do of course remain willing to engage with you on behalf of your client in any genuine attempt by you both to resolve this matter amicably.  

  

Your billing department appears to have sent me a copy of a bill intended for your client.  This seems rather unprofessional to me and I would have thought might even be a breach of client confidentiality.  You may wish to speak to them." and to remind you well that you were cautioned by the court about this.   

   

  

 

  His reply today on a  Sunday night:  Dear Sir 

Please immediately destroy the bill that was sent in error. I will notify our Client. 

I will respond to you substantively in relation to your email in due course.

 

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So can I get this right...

 

You sent off the suggested letter (although you had added your own bits to it turning it into nonsense) to the other side's solicitor despite the fact that you had been clearly told not to send anything to him until other posters had had a chance to consider it and had said whether or not it would be a good idea to send anything?

 

Yes FTMDave and I have had a discussion about sending a letter and we had differing views on it, but at no point did we agree that it was something you should do.

 

In #207 I clearly explained why I had misgivings about sending anything and in #208 honeybee13 asked Andyorch's opinion.  In #209 Andyorch said he personally wouldn't send anything and in #210 and #214 both I and FTMDave agreed with Andy's thoughts.

 

STOP jumping the gun and just doing what is suggested in the first post you read each day.  Wait and see what other posters think of any proposed action.

 

Before doing anything ask: "So should I do what has been suggested in #(whatever number) or not?"

 

☹️

 

At least I suppose he's admitted he sent the bill out in error!

 

simeon  -  don't lose that admission of error!

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5 hours ago, mantis shrimp said:

Isn't it for the OP to decide how he wishes to proceed, taking such account as he wishes of what is said here? 

 

Absolutely.  

 

But if an OP demonstrates time and time again that he is just going to ignore the suggestions made in good faith that other posters have put quite a lot of their own time into thinking about, then that OP runs the risks of others ceasing to help him, and asking him what on earth he's doing.

 

If he just ignores what he's told there's no point in posters wasting their time trying to help him and answering his questions.

 

(Have you read all of this thread and the OP's previous threads?  He seems unusually unlucky in the litigation situations he finds himself in after making decisions of his own.)

 

And as the OP has simply appropriated the wording* I put forward in #204 as a suggestion for the text of a possible letter for discussion, and as I specifically said not to use it until others had commented on it, I'm a bit disgruntled that he seems to have sent it off anyway after other posters decided it probably wasn't a good idea.

 

But apart from that and wasting my time I'm not particularly bothered what decisions the OP makes or what the outcome of his case turns out to be.

 

*Apart from adding bits of his own that don't make any sense

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19 hours ago, Manxman in exile said:

But if an OP demonstrates time and time again that he is just going to ignore the suggestions made in good faith that other posters have put quite a lot of their own time into thinking about, then that OP runs the risks of others ceasing to help him, and asking him what on earth he's doing.

 

This is no big deal. Just between the solicitor and myself. Only the judge decides the outcome of any case, besides this is unconnected matter to the case.

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OK - it's entirely up to you how you handle it and what you do.

 

(At least you got an admission that the bill should not have been sent to you!)

 

What would be interesting to know is if your letter has the effect of keeping the other side quiet in respect of all their questions etc.  Let us know.

 

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Off topic posts removed...as were the previous ones you referred to.

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Claimants response to the Part 20 counterclaim.

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There's nothing earth-shattering here, simply the builder's solicitor saying the builder is in the right.

However, the OP had better be prepared to convincingly answer (7), (8), (10), (11) and have both evidence that the builder caused the damage and proper estimates that come to 16 grand.

Edited by FTMDave
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As my memory will inevitably fade over the coming months, here are some initial thoughts of points that need to be included in the OP's Witness Statement before the hearing -

 

1.  In (2) of the defence the Part 20 Defendant's solicitor states that the original particulars of counterclaim were insufficient, which is largely irrelevant to the dispute since they have since been amended.

2.  Much more relevant to the history of the case is that it was the Part 20 Defendant who initiated litigation.  During litigation he disobeyed clear orders from the Court on three separate occasions and eventually his case was dismissed.  He attempted to have his case reinstated through set aside but this was refused by the Court.

3.  In (12c) of the defence the Part 20 Defendant's solicitor states that the Part 20 Claimant paid for the work and therefore it must have been satisfactory, but this is simply untrue.  The Part 20 Claimant refused to pay the last instalment of Project 1 of £XXXX and the last instalment of Project 2 of £1080.  It was this refusal to pay that initially led to the Part 20 Defendant suing for this amount.  He lost.

4.  In (17) of the defence the Part 20 Defendant's solicitor states that their client intends to submit a further counter schedule of loss.  They are reminded that their client's claim has already been the subject of litigation and their client's claim was dismissed by the Court.

Edited by FTMDave
Mixed up Claimant & Defendant - again!
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