I would not give anyone the evidence I intended to use to refute her claim. Forearmed is forewarned.
Am I going to be sued ?
- Thread starter mkb
- Start date
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You really need to go to the local county court and pick up the explanation leaflets there or try and get some procedural advice from the clerk (they will not give any legal advice) there, failing that a solicitor/CAB/someone who understands the system.
I would contest it all given the circumstances.
Under disclosure you need to submit anything that will be used or presented in court, not doing so will 'annoy' the judge. In the same way (as someone stated) she has to provide you with all her evidence against you.
Do NOT pretend to do or not do something.
W.
I would contest it all given the circumstances.
Under disclosure you need to submit anything that will be used or presented in court, not doing so will 'annoy' the judge. In the same way (as someone stated) she has to provide you with all her evidence against you.
Do NOT pretend to do or not do something.
W.
Wolfie, my friend was in court and police failed to present documents/ witness reports. Was a road traffic incidence for which he was forced to plead guilty even though a lot of what the other driver said was incorrect.
that would be in the mags though. If you get lay magistrates you walk in there guilty until you prove yourself innocent and if they don't like the look of you then you may as well not bother trying.
in the small claims court you get a proper judge who knows what's what.
Some things don't add up here but if mkb is telling the truth then that will come out.
You need to turn up though and just tell the truth. Send all your documents in in advance and try to get your story straight in there too. Clear and no emotion, just the facts.
in the small claims court you get a proper judge who knows what's what.
Some things don't add up here but if mkb is telling the truth then that will come out.
You need to turn up though and just tell the truth. Send all your documents in in advance and try to get your story straight in there too. Clear and no emotion, just the facts.
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Admit to nothing, say you did the best you could with the brief you were given - ie to put the paper on a bad wall. I doubt the opposition is really serious, just the woman forcing the insurance company to go through the motions.
If they are serious then you'll have to argue your case against an 'expert witness' - probably some dopey surveyor paid for by the insurance company.
Make his case look petty and stick to your guns that the wall was bad and you did the best you could with it as that is what you were contracted to do.
Ask him how he proposes doing ' the job right'. If he says the wall needs prepping you are off the hook because that is what you told his client in the first instance.
To be quite honest you should never have taken the job on knowing the walls were bad. I won't take that sort of work on unless I re-plaster first.
In future get them to sign a disclaimer.
If they are serious then you'll have to argue your case against an 'expert witness' - probably some dopey surveyor paid for by the insurance company.
Make his case look petty and stick to your guns that the wall was bad and you did the best you could with it as that is what you were contracted to do.
Ask him how he proposes doing ' the job right'. If he says the wall needs prepping you are off the hook because that is what you told his client in the first instance.
To be quite honest you should never have taken the job on knowing the walls were bad. I won't take that sort of work on unless I re-plaster first.
In future get them to sign a disclaimer.
E
EddieM
Jeez talk about a thread off topic... answer to OP, unlikely, and very unlikely to succeed.
1. I was in a law enforcement role as a job for a while - not police.
2. I spent an (awful) week on a course basically teaching me how to wind up the defence lawyer/accused.
3. Most of our cases were not defend able by the accused.
4. Magistrates come to some very strange decisions and often have little understanding of what they rule on.
My job experience clearly helped in my cases but small claims is different.
Basically as said if the OP doesn't defend he will lose by default.
If he has been honest with us and can show the same in court he is unlikely to lose, I would say worse case he'll have to pay for some remedial work. I would get my own quotes for this work to show in court that her quotes are excessive.
EddieM- not sure if you're supporting the OP or not...
DP - no one is forced to plead anything.
W.
2. I spent an (awful) week on a course basically teaching me how to wind up the defence lawyer/accused.
3. Most of our cases were not defend able by the accused.
4. Magistrates come to some very strange decisions and often have little understanding of what they rule on.
My job experience clearly helped in my cases but small claims is different.
Basically as said if the OP doesn't defend he will lose by default.
If he has been honest with us and can show the same in court he is unlikely to lose, I would say worse case he'll have to pay for some remedial work. I would get my own quotes for this work to show in court that her quotes are excessive.
EddieM- not sure if you're supporting the OP or not...
DP - no one is forced to plead anything.
W.
Will go to local court as advised to get advice re forms. If the solicitors are on a no win no fee what will thye get moneywise if they win ? A proportion of the money claimed ? 25 % of £2500 if they win hands down = £625.....would they take the case on to get that OR have I been fed wrong info ? Can I be stung for her legal fees...though I've been told she'd have to pay her own.
Also the form to respond is to go to The County Court Money Claims Centre to send a cheque and if I dispute it says the claim may be transferred to a local court Do I wait for this before I send my defence ie letters etc., or do I need to disclose them now ?
By the way she's claiming
1 Damages
2 Costs
3 Interest
Also the form to respond is to go to The County Court Money Claims Centre to send a cheque and if I dispute it says the claim may be transferred to a local court Do I wait for this before I send my defence ie letters etc., or do I need to disclose them now ?
By the way she's claiming
1 Damages
2 Costs
3 Interest
Sounds like she has done it online, will usually be transferred to the court nearest the defendant.
The court should be able to tell you but I think at this stage you just return the form stating that you are defending it and/or counter claiming.
I think you only have 21 days to return it. You MUST get it in by the dates stated or you will lose by default - it is likely she is counting on this.
I doubt that they will award interest as it has taken so long for her to issue the summons.
W.
The court should be able to tell you but I think at this stage you just return the form stating that you are defending it and/or counter claiming.
I think you only have 21 days to return it. You MUST get it in by the dates stated or you will lose by default - it is likely she is counting on this.
I doubt that they will award interest as it has taken so long for her to issue the summons.
W.
Wolfie 1969. Thanks for reply. Have done a little research and she's filed a paper application rather than online...different charges so I figured it out and I have 14 days to reply are ask for a stay for a little longer to prepare. Apparently she can claim interest from when the loss occired to the date she gets her money. Just a little concerned about her legal costs, time she's taken off work....Wonder if I can claim for time off work or do I have to say that now ?
Albeit everyone's only hearing one side of the story I know I'm in the right and it's almost my duty to fight this rogue customer for the in name of good , honest and hardworking tradespeople !
Albeit everyone's only hearing one side of the story I know I'm in the right and it's almost my duty to fight this rogue customer for the in name of good , honest and hardworking tradespeople !
First, fill in the claim form defending the claim in full. This will give another 28 days to submit a defence.
As you are the defendant, you can ask that the case is transferred to YOUR local court.
Can you type out the poc's (particulars of claim)?
If she is taking the pee (which it seems) you can counterclaim for your own costs at a predetermined rate.
You need to get together the exact sequence of events, along with any correspondence you have.
As stated, you MUST defend. If not, she will get judgment by default.
As you are the defendant, you can ask that the case is transferred to YOUR local court.
Can you type out the poc's (particulars of claim)?
If she is taking the pee (which it seems) you can counterclaim for your own costs at a predetermined rate.
You need to get together the exact sequence of events, along with any correspondence you have.
As stated, you MUST defend. If not, she will get judgment by default.
This is maybe worth a read, it is the pre-action protocol for construction and engineering disputes:
http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_ced
It links in with this:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
I think this is where the timescales come into it - the way I read it you have 14 days to acknowledge receipt of the letter of claim, 28 days to provide the required response (from when you received the letter of claim).
Worth while checking all the relevant info in their claim is there as well though I am not a lawyer and best to clarify the above with a someone in the legal profession.
http://www.justice.gov.uk/courts/procedure-rules/civil/protocol/prot_ced
It links in with this:
http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_pre-action_conduct
I think this is where the timescales come into it - the way I read it you have 14 days to acknowledge receipt of the letter of claim, 28 days to provide the required response (from when you received the letter of claim).
Worth while checking all the relevant info in their claim is there as well though I am not a lawyer and best to clarify the above with a someone in the legal profession.
Thanks for replies. Case is going to local court. Got a lot of reading to do.....
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