Am I going to be sued ?
- Thread starter mkb
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I'm not blaming anything on blackberry, I was trying to say that MY mind about the UK changed after READING messages which BLACKBERY made PUBLIC
So says the man who blames the UKs current state of affairs on the Blackberrry.
Spoke to a solicitor today who recognised her solicitors name as a company who deal with cases under peoples household insurance so it appears she may not have to pay for her legals as she may be covered on her household insurance.
I wrote a letter back to her lawyers...basically going over the same story....see what happens now. I believe the worst case scenario would be...if I play ball and reply to all letters etc...is that I'd have to pay the full amount she's seeking and court fees of hundred and odd quid. Wouldn't have to pay her costs as it's in the small claims court....Likely to go to arbitration first.....but she's Peed me off now and think I'll go all the way now and if I lose so be it...bit unfair though but I think I'll make a stand here on behalf of all decent honest tradesmen who work hard and who sometimes get ripped off by dodgy customers.....
I wrote a letter back to her lawyers...basically going over the same story....see what happens now. I believe the worst case scenario would be...if I play ball and reply to all letters etc...is that I'd have to pay the full amount she's seeking and court fees of hundred and odd quid. Wouldn't have to pay her costs as it's in the small claims court....Likely to go to arbitration first.....but she's Peed me off now and think I'll go all the way now and if I lose so be it...bit unfair though but I think I'll make a stand here on behalf of all decent honest tradesmen who work hard and who sometimes get ripped off by dodgy customers.....
A
Alarm
Got a case ongoing been ajourned once. Judge is about to retire and has asked he hears this before he goes.
Client is refusing to pay 5k, totally unjustified.
So far we have almost spent that on fees.
We are refusing to let this go, the client is a multi millionaire and does this a lot we later found out.
Going to be a happy day when we get costs as well
Watch this space.
Client is refusing to pay 5k, totally unjustified.
So far we have almost spent that on fees.
We are refusing to let this go, the client is a multi millionaire and does this a lot we later found out.
Going to be a happy day when we get costs as well
Watch this space.
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best to get some free advise from your local solictor who can always advise you on the best actions to take, personally I think there is nothing to worry about.
SHE'S BACK AGAIN !!!! LOOKS LIKE COURT !!
Have heard nothing after my last letter to her solicitor in Sept 2011. Today got a .....well don't know what it is..Court summons I think.
It's a Claim Form from a County Court in the Midlands with 'date of service' stamped on it.with her as Claimant and me as Defendant...so I presume it's a summons !!
There are photos of the work, estimates to re-do the job etc.,
Her solicitors name and address appear on the form. There's another form called a 'notice of funding of a case or claim' and 'conditional fee arrangement' is ticked dated 19th Feb 2009.
It has our local court as 'preferred'court for hearings.
So it's gotta be an appearance in court....after all this time.
her estimate for ALL the work to be redone has gone from £1460 to £1760 ( from the same decorator ) she's claiming altogether now a total of £2522.01.and only a small proportion of the correspondence is enclosed..probably because the other letters show how reasonable I have been and how UN reasonable she has been.
So do I just reply saying I dispute or do I have to send to the court all the letters etc.,I wish to use for my case...in face the letters ARE my case, but they've only enclosed about 25% of the correspondence.
Think I'm up the Swanee...in the s..t or whatever you call it. Any advice now GREATLY appreciated. Can't afford a lawyer to attend and will I have to pay for her solicitor if he comes from down south to attend ?
Have heard nothing after my last letter to her solicitor in Sept 2011. Today got a .....well don't know what it is..Court summons I think.
It's a Claim Form from a County Court in the Midlands with 'date of service' stamped on it.with her as Claimant and me as Defendant...so I presume it's a summons !!
There are photos of the work, estimates to re-do the job etc.,
Her solicitors name and address appear on the form. There's another form called a 'notice of funding of a case or claim' and 'conditional fee arrangement' is ticked dated 19th Feb 2009.
It has our local court as 'preferred'court for hearings.
So it's gotta be an appearance in court....after all this time.
her estimate for ALL the work to be redone has gone from £1460 to £1760 ( from the same decorator ) she's claiming altogether now a total of £2522.01.and only a small proportion of the correspondence is enclosed..probably because the other letters show how reasonable I have been and how UN reasonable she has been.
So do I just reply saying I dispute or do I have to send to the court all the letters etc.,I wish to use for my case...in face the letters ARE my case, but they've only enclosed about 25% of the correspondence.
Think I'm up the Swanee...in the s..t or whatever you call it. Any advice now GREATLY appreciated. Can't afford a lawyer to attend and will I have to pay for her solicitor if he comes from down south to attend ?
"Conditional Fee Arrangement" means that her lawyer is on a No Win, No Fee basis.
If she's only provided him with a small proportion of the correspondence then it's perfectly possible he'd drop her like a hot potato if he was in possession of the full set.
Don't know whether it would be a good idea for you to provide him with all of this, but you could ask him where all the rest is and supply him with a list of what correspondence was sent and on what dates.
If she's only provided him with a small proportion of the correspondence then it's perfectly possible he'd drop her like a hot potato if he was in possession of the full set.
Don't know whether it would be a good idea for you to provide him with all of this, but you could ask him where all the rest is and supply him with a list of what correspondence was sent and on what dates.
I have been to the small claims court on about 7 or 8 occasions now (well not quite true as most companies pay up as soon as they get the paperwork, but been in court 4 times) - all as claimant and won all but 1, I AM NOT trying to worry you but just want to make the point is you are in the right and have reasonable proof of that you will win.
Some of mine were petty but making a point and with two exceptions all against big companies. The one I didn't win I got about 50% of my claim plus costs as I couldn't prove when my pictures were taken.
If you give up now then she has won. The fact that she has let it drag on so long also will count against her.
Good luck.
W.
Some of mine were petty but making a point and with two exceptions all against big companies. The one I didn't win I got about 50% of my claim plus costs as I couldn't prove when my pictures were taken.
If you give up now then she has won. The fact that she has let it drag on so long also will count against her.
Good luck.
W.
I think thats good encouragement, not worry.Thanks.
The customer from hell!
You HAVE to start preparing your case by COMPILING AS MUCH EVIDENCE as you can. Start by rereading all the advice given on this thread.
Come out fighting and use your energy to fight this instead of whinging woe is me!
Keep us informed.
BTW If you do nothing to fight this i.e. put your head in the sand, then judgement will be entered against you in default and you may get a 2k bill.
Get to work!
You HAVE to start preparing your case by COMPILING AS MUCH EVIDENCE as you can. Start by rereading all the advice given on this thread.
Come out fighting and use your energy to fight this instead of whinging woe is me!
Keep us informed.
BTW If you do nothing to fight this i.e. put your head in the sand, then judgement will be entered against you in default and you may get a 2k bill.
Get to work!
Good luck! Dont let the evil witch win!
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There are two ways to go at this:
Option one.
Say that you were contracted to fix the paper to HER walls, you weren't contracted to re-plaster them (which you advised her to do).
Because of the doubt that it was possible to fix the paper to HER WALLS you lined them with lining paper - FOR WHICH YOU DIDN'T CHARGE.
You did the job, she was happy and paid you. It was at least a month afterwards that she was unhappy about the job. Why is that? Did she simply change her mind about the paper?
You can make her read out every one of the faults listed in court, and being as there are well over a hundred they must be pretty petty.
As they are being read out, keep querying the list. "Where on the wall did you say number 104 was? Is that at the top or bottom? Can you show me said fault on the photograph? Oh you can't? Well how about fault number 78? Where on the wall was that? You don't know? How about fault number 63? Is that on the photo? Show me where. You get the picture.
Paint her as a nutcase. Can't make her mind up what she wants or what she's saying. Her solicitor has never seen the job so he can't help.
Then go back to the start that you WARNED her that her walls were bad and that you were contracted to hang paper to her BAD WALLS. It was HER choice to go ahead. You tried to help by lining them. She was happy -so SHE PAID YOU. If the listed faults were genuine she wouldn't have done so.
Option 2. If you did a **** job and it shows up on the photos like that then simply say that the paper has been interfered with since the job was completed. A third party has sprayed water on the wall and caused the paper to shrink and the edges have been made ragged.
Say, "I didn't leave the wall in that condition, if I had I wouldn't have been paid, and it certainly wouldn't have taken a month to see that the job was bad. I don't know what is going on here but someone has sabotaged the work for reasons unknown."
In other words you are suggesting that she has changed her mind about the job and is trying to get it re-done by making out that the work is bad.
Well that's my take on it anyway.
Option one.
Say that you were contracted to fix the paper to HER walls, you weren't contracted to re-plaster them (which you advised her to do).
Because of the doubt that it was possible to fix the paper to HER WALLS you lined them with lining paper - FOR WHICH YOU DIDN'T CHARGE.
You did the job, she was happy and paid you. It was at least a month afterwards that she was unhappy about the job. Why is that? Did she simply change her mind about the paper?
You can make her read out every one of the faults listed in court, and being as there are well over a hundred they must be pretty petty.
As they are being read out, keep querying the list. "Where on the wall did you say number 104 was? Is that at the top or bottom? Can you show me said fault on the photograph? Oh you can't? Well how about fault number 78? Where on the wall was that? You don't know? How about fault number 63? Is that on the photo? Show me where. You get the picture.
Paint her as a nutcase. Can't make her mind up what she wants or what she's saying. Her solicitor has never seen the job so he can't help.
Then go back to the start that you WARNED her that her walls were bad and that you were contracted to hang paper to her BAD WALLS. It was HER choice to go ahead. You tried to help by lining them. She was happy -so SHE PAID YOU. If the listed faults were genuine she wouldn't have done so.
Option 2. If you did a **** job and it shows up on the photos like that then simply say that the paper has been interfered with since the job was completed. A third party has sprayed water on the wall and caused the paper to shrink and the edges have been made ragged.
Say, "I didn't leave the wall in that condition, if I had I wouldn't have been paid, and it certainly wouldn't have taken a month to see that the job was bad. I don't know what is going on here but someone has sabotaged the work for reasons unknown."
In other words you are suggesting that she has changed her mind about the job and is trying to get it re-done by making out that the work is bad.
Well that's my take on it anyway.
The last time i went to court was a speeding offence but there was a duty solicitor in attendance that i used, my question is; will you have a duty solicitor that will assist you??
Good luck, but i'm sure you'll be fine, just stick to the truth, (or your story)
Good luck, but i'm sure you'll be fine, just stick to the truth, (or your story)
Thanks for replies. Think it would be a travesty of justice if I lost....and I appreciate you're all taking my word for it but it's true what I'm saying and basically I think she's loopy. Not sure the procedure though regards replying....It says on form 1. send payment for full amount 2. are you contesting part of claim 3. Are you contesting all the claim. I'm willing to give say £100 to do the things I said I said I'd go back to do so do i contest part of it. ( Incidentally she's saying I've not been back to do them...I was waiting for her go ahead )
I'm wondering if the photos etc., are all ( and only ) evidence she's using and do I have to send ALL the evidence I intend to use and if I forget a document can they say I can't use that coz it wasn't sent with the court papers ? Once again am I correct in assuming the only costs would be the money she's claiming plus court application. Sorry for so many questions...again...but getting a bit nervous now !!
I'm wondering if the photos etc., are all ( and only ) evidence she's using and do I have to send ALL the evidence I intend to use and if I forget a document can they say I can't use that coz it wasn't sent with the court papers ? Once again am I correct in assuming the only costs would be the money she's claiming plus court application. Sorry for so many questions...again...but getting a bit nervous now !!
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