Court case VS Anglian Windows

[Montysaurus]

Re: Court case VS Anglian Windows

des8 - we have read the guidance on representing yourself, and it's reasonably encouraging. We'd hate to loose after all this, on a legal 'technicality' through ignorance of the correct procedures.
my Wife is reasonably self confident and is used to these kinds of stressful situations through her work; but the pressure is significantly higher when we stand to loose our home

[des8]

Re: Court case VS Anglian Windows

As you had lost confidence in the building contractor (Anglian windows) IMO you should be permitted to have the works put right by another contractor of your choosing, bearing in mind your need to mitigate the loss.
However of the two cases below the first supports that view, whilst the second does not. The findings seem contradictory.
Iggleden v Fairview New Homes (Shooters Hill) Ltd [2007] EWHC 1573 (TCC);
Woodlands Oak Ltd v Conwell [2011] EWCA Civ 254.

[mo786]

Re: Court case VS Anglian Windows

Can't agree automatically with mo786.
In the small claims track of the County Court, a judge will normally ensure a Litigant in Person does not suffer by not having legal representation.
On the other hand a judge will have little time for a professional who is overbearing towards the LiP, or annoys the judge himself (as the OP has already found out.
If you know your case and have reasonable self confidence you don't need a solicitor. It might be stressful, but not to be feared.
Assume you have read : JCO_Documents_CJC_Publications_Other+papers_Small+ Claims+Guide+for+web+FINAL(2).pdf

This is not small claims and I have met a few people who have been through the multi track and felt disillusioend - they felt the Judge did not pay them the same attenion as the otherside which had representation.

I think its a bit of a lottery really.

[Montysaurus]

Re: Court case VS Anglian Windows

An update to this - very bizarre. After the judge threw our change of court application out, we have now received papers for the court - which is Leeds technical and construction court - the very same court he rejected. It's obviously a mistake but our Solicitor seems very happy with this, although it's clearly an error. I think this is likely to infuriate the judge if he realises the mistake and recalls it back to the original court!

[bluebottle]

Re: Court case VS Anglian Windows

An update to this - very bizarre. After the judge threw our change of court application out, we have now received papers for the court - which is Leeds technical and construction court - the very same court he rejected. It's obviously a mistake but our Solicitor seems very happy with this, although it's clearly an error. I think this is likely to infuriate the judge if he realises the mistake and recalls it back to the original court!

A couple of questions -

1. Was the original judge a District Judge or Deputy District Judge?
2. Do you know the name of the judge who will be hearing your case at Leeds Technical & Construction Court? Is it HHJ Raeside by any chance?

[Montysaurus]

Re: Court case VS Anglian Windows

Hi, I thought I'd provide an update of what's happened recently. We were trying to come to an agreement with Anglian via our Solicitor, which has mainly consisted of them ignoring us. Our opening offer was to accept the following
1.£8,500.00 plus Vat @ 20%making a total of £10200.00 to return the site to its original condition and make good as per the quote from Willow Homes Ltd;
2.£9,730.00 reimbursement of legal fees incurred.
3.£1,800.00 compensatory damages for distress, inconvenience and disruption to family life over a period of 18 months.
4. Return of Deposit of £2,680.00
This comes to £24,410.00 (which includes VAT of £1,7000.00)

Anglian eventually came back just before the deadline and rejected our offer and said they would knock the deposit of £2,688 off and pay an independent surveyor a maximum of £1,000 to oversee the work. They said each party can pay their own Solicitors fees and there is no option for the NOT to do the work.

Not very promising and looks like this is going all the way.

[Amethyst]

Re: Court case VS Anglian Windows

''2.£9,730.00 reimbursement of legal fees incurred. '' - Is that what you have paid your solicitors already?


Which bit is the refund of money you already paid to Anglian? the £2,680.00 ?

[Montysaurus]

Re: Court case VS Anglian Windows

Yes, £9,730 are the Solicitors fees so far - crazy I know! £2688 is the deposit we have paid, which they are prepared to knock off the balance.

[bluebottle]

Re: Court case VS Anglian Windows

An update to this - very bizarre. After the judge threw our change of court application out, we have now received papers for the court - which is Leeds technical and construction court - the very same court he rejected. It's obviously a mistake but our Solicitor seems very happy with this, although it's clearly an error. I think this is likely to infuriate the judge if he realises the mistake and recalls it back to the original court!

Was the judge who threw out the change of court application HHJ Behrens by any chance?

[Montysaurus]

Re: Court case VS Anglian Windows

I'm not sure Bluebottle, why do you ask? It was in Tunbridge Wells. I'll have to look it up.

[bluebottle]

Re: Court case VS Anglian Windows

Thankfully, it is not the one I mentioned.

[MissFM]

Re: Court case VS Anglian Windows

Hi Montysaurus

I've been thinking about this a lot and really can't see why the case is considered so complicated.

To me it looks very simple - ie you had a contract with Anglian which they not only failed to fulfill to your satisfaction but also caused considerable damage to your property in the process of not doing what they were contracted to do.

The windows they claim to have tailor-made on your behalf are irrelevant at this stage because they haven't performed any of the preliminary tasks competently.

I can't see how they have a claim against you for anything and it looks to me as if their lawyers are dredging up arcane points of law in the hope of wasting more of your time, energy and money and blowing smoke into the judges eyes in court. Lawyers do like to complicate things.

From your point of view, you need to be very sure that you and your legal reps are aiming at the right target and that that target is big enough to be pretty certain of a direct hit in court. If you are relying on a very narrow point of law then, if the judge doesn't like that interpretation or if the other side argue ever narrower points, your argument could be the casualty, with no opportunity to put your main grievance across.

On the same tack, I also think (from personal experience) that changing solicitors (especially more than once) can be an own goal, as you are not only paying again for the case to be understood but also there is the real risk that the new solicitor can just blame the old one for any undesirable result.

From what little I know of contract law, I don't believe that the terms in any contract can take precedence over your statutory rights - in other words, whatever the small print if the term is unfair then it can't be enforced.

What you want is your home, your money and your life back and your new conservatory as originally promised.

I really hope you are successful in this.

[Honeybee]

Re: Court case VS Anglian Windows

Hi, I am a new user and wondered if you could tell me what happened with your case with Anglian, we have found ourselves in a very similar situation.

[Honeybee]

Re: Court case VS Anglian Windows

Hi Montysaurus, any idea you could tell us how you got on with your Anglian Case, the last entry on this site is May 2014 and we find ourselves in a similar situation and would like to know how you faired (good I hope).

[des8]

Re: Court case VS Anglian Windows

Honeybee
I doubt you'll hear anything as Montysaurus hasn't accessed the site in a long long time.
Suggest you start your own thread if you looking for help