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    • Tony Connelly of RTE has been talking to people in Brussels. There is a view that HMG will invoke Article 16 of the NIP soon and the source/s think the EU will take legal action and/or impose tarriffs on British exports.    https://twitter.com/tconnellyRTE/status/1441360546058567682  
    • Here is an updated draft of the proposed particulars of claim. Please can you start dealing with this. Fill in the figures and also let me have some comments.    
    • They may try to say that you haven't given them an opportunity to remedy the situation. You are now in a position to say that that is untrue and that you have invited them to address all the defects but subject to a written schedule and subject to supervision. Assuming that you will have actually issued the proceedings, you will then be able to say to the court that despite this approach, the defendants have declined and it is for this reason that you have been obliged to issue proceedings. You should emphasise that you have only brought the matter into the court process as a last resort – whereas by contrast, the building company have attempted to use a bankruptcy procedure as a first resort.
    • Points to emphasise with the court: There is no problem about money. The entire issue is about the quality of the work which has been carried out. The shabby workmanship has been confirmed by an independent survey for which you have paid £355. The survey report has been provided to the builders and yet they have so far ignored it and declined to comment. There were four contracts in all. Two of them were completed to a satisfactory standard and the price of those contracts was paid without any difficulty. The dispute relates simply to two remaining contracts which are the subject of the independent report. From the outset of this dispute instead of trying to hold a dialogue her adopted a barracking and bullying approach – the same approach which is being used by their debt collection agency. You have received threats that they will trespass onto your property and remove your driveway. They are completely aware that there is a legitimate dispute and in fact one of the directors admitted that the work was not up to standard. You have embarked on the pre-action protocol as a prelude to legal action. Legal action in respect of one of the contract has now been issued. You are still hoping that the builders will deal with the matter without the need to take the litigation into the court room. The building company have attempted to avoid the independent scrutiny and transparency of the court process. The proper procedure for addressing this dispute would have been to start a legal action against you. The building company have decided not to use a transparent process and have the evidence weighed by a judge. The building company has preferred to shortcut the process and to use the strong-arm tactic of trying to have you declared bankrupt. This is clearly an abuse of the process. If there were serious questions about your intention to avoid payment, it would have been open for the building company to issue proceedings and eventually to have required that you would pay the disputed some into court. You would have complied with such an order without any difficulty – but they have chosen not to litigate. Now that litigation is underway, you believe that the best course of action is to allow the litigation to take its course and for the building company either to come to the table or else for the matter to be decided by a court after having weighed all the evidence. I'm going to say that if you had been more responsive in the way that you had been dealing with this so far – and as we have been encouraging you to do throughout this process, we would be well advanced by now and there wouldn't be this furious last moment dash to prevent a bankruptcy procedure. I hope that in view of what is happening you will now re-prioritise this matter.   I don't know what your temperament is like but when the hearing starts, you must remain very level and gentle in your approach and your tone of voice. Simply make your points. Listen very carefully to what is being said to you. While the judge is speaking, you should make notes so that you don't forget to refer to a particular point if something important is said. In the heat of the moment and in the stress, it is very easy to hear the judge say something to which you want to respond and then as the judge continues, you forget to say it. Once again, I expect that @Andyorch will be along at some point although he may be away for the weekend.  
    • How the European papers see Britain's problems, from the Independent.   European newspapers blame Brexit for UK supply chain crisis WWW.INDEPENDENT.CO.UK Continent’s press liken situation to 1970s Winter of Discontent and ‘boycotted Cuba’  
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recieved offer


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daughter received offer for first summary cause, do i phone and ask them to pay up for other clsaims about to go in or just accept payment and serve the next summary cause.

What worrying me is accept this payment and they say that was a final offer allowing no more claims.

better to phone the customer services and remind them 2 more claims on way. Or just shut up accept and send next summary cause

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Hi Riccardo,


1. Are the claims that are to follow concerning the same account?


2. Did you split your claim into more than 1 summary cause?




1. If each summary cause is for different account, your accepting the offer will not affect your future claims, so go for it. Hope you're going for the whole lot.


2. If you did that due to your claim being over the summary cause limit of £1500, your subsequent summary cause claims could be affected and struck out in future. You should be better off claiming through FOS.

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There have been cases when after having been awarded 1 claim in court, subsequent claims (due to splitting 1 claim so that you are within the limit) were struck out as it was conceived as abuse of the process.


look here


Now, I think if you settle before the court proceedings start, accepting the offer, but under no circumstances as full and final settlement (informing them you would claim the rest in the future), you could claim the remainder through the FOS.


You should also bear in mind, that in the unfortunate event of you losing the summary cause, you'd be liable to pay the court costs.


Ask one of the mods for help, I'm sure they will be happy to help....

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If you inform them about your intentions, they might just go through the first one, knowing you won't be able to claim further, I might be a bit of a cynic, but they rarely behave reasonably....


Have a look at this from the FOS website.

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thats the reason i asked on the forum.

dont trust them.

so need advice, can i go through fos after the first summary cause has received an offer?

Do i accept the offer?

Or do I phone and say fos will be taking over, after phoning fos and finding out? Also they havent asked me to accept a finalm offer, just said money will be in account within 6 days.

all help appreciated

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If you accept the offer make sure you've got everything in writing, especially you accepting as a partial settlement only, with the remainder of the sum being pursued through the FOS.


Have a look at templates here, choose one that suits your case and adjust the wording.


Good Luck...

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