Am I going to be sued ?

[Norcon]

bosswhite, Long thread I know, but basically the job was done for £800

It says £900 in your OP.

exc. paper..the final figure £2800 was the original cost of the job, paper, court expenses etc., and the final £900 was what was eventually agreed

Don't you mean £800?
So she was claiming for "paper" that she already had on the wall or was this based on an estimation for remedial works?

court expenses etc

I thought you said she was receiving legal aid?


You did repair work to her window sill and paper after she had paid you in full for the work. Why did you not invoice her for this extra work?
Lets say £200.
Why didn't you take her to the small claims court and recover your money?

 

[mkb]

norcon..the £900 was a figure that was agreed through mediation eventually and the £2800 was the figure her side came up with for...original cost of the job, the paper, court applications and fees and interest at 8%, which, daft as it seems is the % used,
Yeh looking back now mate I should have billed her for the sill and sued her shouldn't I ha ha

 

[joe-90]

I don't think you're the full quid mate.

Ah moot.

 

[securespark]

You are obviously guilty as the photos and expert witness can testify.

You're sounding like scratched record now. Corroborate your statement or back down.

 

[ellal]

You CANT say you didn't get the letters...ask a lawyer about when such letters are 'deemed as being served'

I suggest you check out Calladine-Smith vs Saveorder (2011)

Prior to this decision, documents were deemed served provided the sender could prove that letter had been properly addressed, pre-paid and posted. However, under Calladine-Smith, where there is proof, on the balance of probabilities, that the letter was delivered late or not delivered at all, then this will rebut the initial presumption of deemed service.

 

[chapeau]

So mkb was correct then.

 

[peterperfection]

So mkb was correct then.

Read my next post

 

[chapeau]

So mkb was correct then.

Read my next post

Won't do it, you're wasting yer time.

 

[peterperfection]

In OUR case-- when we needed to send letters of intention to take the debtor to court.
We first sent a registered/recorded delivery to the debtor-- it was not delivered --because she never picked it up from post office (she knew what it was ) .
We could have sent 2 letters to her - from 2 different post offices and got a receipt for proof of posting .. 2 working days later -it would have been deemed (on the balance of probabilities) SERVED.

However- we took a even better route -- we took the letter and posted it through the debtors letter box ourselves- and we VIDEOD THE WHOLE THING -- complete with a current day edition of the local evening newspaper .

Was no getting out of that for her .
She could not ignore it --and so- she had to turn up in court--OR the hearing would have gone ahead without her and judgement would have been awarded to us --due to her 'none show'.
She did turn up- and still got a CCJ .

 

[mkb]

ellal,
Interesting, but some people were suggesting I ignore ALL correspondence....don't think this judgement could be used in defence if I continuingly ignored letters !!!
As an aside is Joe 90 mad, schitzophrenic or just a wind up merchant ?

 

[Norcon]

Different case but a mate rented out a house and woman on the social renting it went nearly a year without paying her dues.

Mate went to his solicitors to get her evicted and the letter writing started.
She burned all the letters and got away with it. Well almost

Mate broke into the house and changed the locks and planted the necessary back dated letter under the pillow cushion on the sofa.

She calls the police and mate insists the letters were sent and pulls one out from behind the sofa cushion and the police then hand it too her.
So she had to sling her hook.

Mind you he nearly did time over that one.

 

[peterperfection]

ellal,
Interesting, but some people were suggesting I ignore ALL correspondence....don't think this judgement could be used in defence if I continuingly ignored letters !!!
As an aside is Joe 90 mad, schitzophrenic or just a wind up merchant ?

Dont take any notice of the people who give you advice- and have not been through the small claims process first hand. They know nothing about it --only what they read . They have no idea of the stress it can cause whichever side of the claim you are on.
The worst thing you could ever have done is to ignore the letters --because- eventually it would catch up on you .
Your problem was - you allowed yourself to be bullied and threatened --and it frightened you . It happens .
I though- have experience of dealing with turd heads and know how to handle them and treat them. I have become hardened to them over the years .

Regarding Joe-- he is a idiot who has too much time on his hands - and yes - he just throws in 'one liners' here and there and if you respond to him- he then goes searching your old posts to gain info and keep his mentally disturbed 'fire' burning.
I guess he is lonely -- and I feel pity for him.

No big deal though -will only be a matter of time before he gets booted off here I hope-- and then he can go haunt another forum .

ok- it's cost you a few quid and you got your bottom smacked . We always have a price to pay to learn things . You have paid for your first lesson.
Dont let it happen again.

 

[Norcon]

ellal,
Interesting, but some people were suggesting I ignore ALL correspondence....don't think this judgement could be used in defence if I continuingly ignored letters !!!
As an aside is Joe 90 mad, schitzophrenic or just a wind up merchant ?

The worst that could have happened to you was a few baliffs visiting your home.
What were they going to steal from you? A few paint brushes or your tV?

As too the tv good riddance and the brushes are hardly too valuable.
Your van? Nope. Just do a name change on it.

If your arrested thats no big deal. I was arrested at gun point for an alledged firearms offence once by several armed police and they were shi**ing themselves more that I was.
I came close to being shot to pieces and laying on the ground dying that day though.
Wouldn't be laughing then eh?

 

[ellal]

ellal,
Interesting, but some people were suggesting I ignore ALL correspondence....don't think this judgement could be used in defence if I continuingly ignored letters !!!

It could if you removed the implied right of access to your property.

Postie would still deliver (probably), but you could quite rightly show that as you had done that you were not liable for anything shoved through your door...

 

[securespark]

As an aside is Joe 90 mad, schitzophrenic or just a wind up merchant ?

Is this a multiple choice?