Acknowledge of Service without a Particulars of Claim - CCMCC

[Ssssssssss]

Their solicitor is still being the same plank he has privately, but I don't see anything wrong with the letter to instruct they have sent.

The danger with asking specific questions is that you are leading him, as the solicitors letter states you can ask Part 15 questions later and therefore that is the point you ask those.

You left out the schedule, the solicitor has put them in, draws his attention to them as a guide, that will guide the expert to look at specific issues and report on them. He'll probably answer your questions as a result.

I'd be minded to agree to their letter, but I would point out to the solicitor you are not trying to sway the expert, but are inexperienced in these matters as Litigant in Person and he can keeps his accusations to himself.

True. Oh i thought i'd put the schedules in ? I'd just stated that their schedule should remove all pictures (they submitted those falsified pictures later in to their schedule that i told you about).

We have said the expert needs to look at our schedule which outlines the issues at fault but their solicitor has tried to remove that if i'm not mistaken...or rather, be less specific. ?? Can i tell him i want to explicitly state that the schedule outlines the allegations of faults and the expert should look at specific issues and report on them ? Their solicitor i think is trying to say that the expert won't report on each allegation and will instead do his own report on whatever he finds regardless of what we say the problems are ??

Basically, I think what we are trying to ensure if that not only visible defects and investigated, but also defects that are hidden behind tiles should also be investigated. It does itemise those in our schedule though.

[jaguarsuk]

Their solicitor is still being the same plank he has privately, but I don't see anything wrong with the letter to instruct they have sent.

The danger with asking specific questions is that you are leading him, as the solicitors letter states you can ask Part 15 questions later and therefore that is the point you ask those.

You left out the schedule, the solicitor has put them in, draws his attention to them as a guide, that will guide the expert to look at specific issues and report on them. He'll probably answer your questions as a result.

I'd be minded to agree to their letter, but I would point out to the solicitor you are not trying to sway the expert, but are inexperienced in these matters as Litigant in Person and he can keeps his accusations to himself.

[Ssssssssss]

Wait and see what comes, they'll probably drop the name of who they agree with on Wednesday at 3:59pm. As nothing is being sent to the court on that day it doesn't matter, you'll just send of the letter of instruction on Thursday.

Make sure you include the requirement of the court order for the report to be finalised by the specific date.

If a letter to the court is needed just post it here and we'll take a look, I doubt it will be and they'll just be as awkward as they can.

OK so we got the following today from them. I did send them a copy of my proposed draft instruction last night. I've included that here as attached.
The letter and their own draft instruction they have put together is attached too.

I think they are basically trying to water down our instruction so that the expert doesn't answer our specific questions.... Also, its our schedule of issues that shows what we are complaining of. Surely any expert should be looking at that....

No reply on our without prejudice letter though and some bizarre message about letter us have a few more days to finalise the instruction letter - we aren't likely to agree theirs because we want our specific questions answered. Also -work started on 16th not 18th as they are now claiming (obviously another web of lies they are concocting).

What next ? we want our specific questions included and a directive they need to look at our schedule when writing their report...( i don't think thats NOT impartial ! )

[jaguarsuk]

So we sent that on Friday. We haven't received a response yet. Maybe one will come a bit later today but either way, we didn't get any list of experts from them on Friday as we had requested.

We also sent the Without prejudice letter last night to get to them this morning. I took a lot of your letter you drafted and sent that along with an offer. We haven't heard anything on that either yet but i guess i did only send it last night.

I'll let you know if anything changes today or tomorrow - otherwise the deadline for choosing expert is Wednesday 4pm so i guess we should draft letter to court tomorrow.

I am still writing my letter of instruction to the expert - not done one before so just trying to get it together and then send to the other side for any amendments they want to make I guess ( if they don't want to settle)

Wait and see what comes, they'll probably drop the name of who they agree with on Wednesday at 3:59pm. As nothing is being sent to the court on that day it doesn't matter, you'll just send of the letter of instruction on Thursday.

Make sure you include the requirement of the court order for the report to be finalised by the specific date.

If a letter to the court is needed just post it here and we'll take a look, I doubt it will be and they'll just be as awkward as they can.

[Ssssssssss]

That’s fine and actually as it has been ordered that the expert will be paid jointly adding in the costs in the right thing to do as he can’t say you’re making up costs when it comes to that.

Lets see see what his solicitor responds with next.

So we sent that on Friday. We haven't received a response yet. Maybe one will come a bit later today but either way, we didn't get any list of experts from them on Friday as we had requested.

We also sent the Without prejudice letter last night to get to them this morning. I took a lot of your letter you drafted and sent that along with an offer. We haven't heard anything on that either yet but i guess i did only send it last night.

I'll let you know if anything changes today or tomorrow - otherwise the deadline for choosing expert is Wednesday 4pm so i guess we should draft letter to court tomorrow.

I am still writing my letter of instruction to the expert - not done one before so just trying to get it together and then send to the other side for any amendments they want to make I guess ( if they don't want to settle)

[jaguarsuk]

That’s fine and actually as it has been ordered that the expert will be paid jointly adding in the costs in the right thing to do as he can’t say you’re making up costs when it comes to that.

Lets see see what his solicitor responds with next.

[Ssssssssss]

Inexperience combined with trying to get the other side to understand they just want to settle what ever the issue is and get on with life.

That is the best way.

If you haven't already sent over the suggestions of experts when you do just send it with this.

That's all that needs to be said, in his latest letter the solicitor advised you he has a copy of the order from the court and therefore he'll know what the timescale is to get on with it.

If that deadline comes around and you've heard nothing I'll draft you a letter at that point.

Thanks so much Jaguarsuk. I sent the letter before seeing this but i've kept it simple (i hope). I forgot to write that i look forward to receipt of confirmation from you of which your client agrees. Hopefully its ok.

I just said, please find enclosed CV's of the 3 experts. I then said Judge xxxx stated they cannot be local builders and must be calibre of surveyors. Therefore our experts are surveyors. Then i just listed 3. Then put in their CV's and cover emails they sent of their estimated costs. For each one.

Hopefully that doesn't cause an issue. Wasnt sure about sending the estimated costs cover emails but i guess it should be ok. I'd obviously have to have had an initial call with the expert to ascertain if they are the right candidate so will briefly told them the issue in order for them to say whether they can do it.

Thanks so much Jaguarsuk !!

[jaguarsuk]

Why do people continue to communicate with the person that is suing them even after being not told to?

Inexperience combined with trying to get the other side to understand they just want to settle what ever the issue is and get on with life.

We've had to because the other side appointed solicitor and also because we need to select expert witness. Up until last week we didn't speak to the other side at all. It's just gone crazy this week because of the court deadlines. Jaguarsuk is absolutely right though and I'm glad he said what he did as its completely calmed me down and i didn't respond today to the other sides letter at all.

You have to remember I've never done anything like this before. I don't know what solicitors are like or what their tactics might be. I'm trying my best.

I can only thank jaguarsuk every day more and more for all the help and advice given. Not sure i'd have kept sane without it.

That is the best way.

If you haven't already sent over the suggestions of experts when you do just send it with this.

Him vs You - Claim number XXXXXXXX

Dear Elitist Solicitor

Please find enclosed details of three experts we agree to instruct in the above matter as ordered by the court by way of service upon you.

I look forward to receipt of confirmation from you of which your client agrees with us should carry out the assessment.

That's all that needs to be said, in his latest letter the solicitor advised you he has a copy of the order from the court and therefore he'll know what the timescale is to get on with it.

If that deadline comes around and you've heard nothing I'll draft you a letter at that point.

[Ssssssssss]

Why do people continue to communicate with the person that is suing them even after being not told to?

We've had to because the other side appointed solicitor and also because we need to select expert witness. Up until last week we didn't speak to the other side at all. It's just gone crazy this week because of the court deadlines. Jaguarsuk is absolutely right though and I'm glad he said what he did as its completely calmed me down and i didn't respond today to the other sides letter at all.

You have to remember I've never done anything like this before. I don't know what solicitors are like or what their tactics might be. I'm trying my best.

I can only thank jaguarsuk every day more and more for all the help and advice given. Not sure i'd have kept sane without it.

[GBExile]

Why do people continue to communicate with the person that is suing them even after being not told to?

[jaguarsuk]

So what i have is :-

- 3 quotes. All for a refit and ripout. Nothing on the quotes indicates its to remedy poor previous workmanship.
- 1 email from another 4th builder with a very high level comment saying it will cost more to fix what the builder should have done right in the first place.
- 1 half finished quote with attached report indicating the defects - but the quote was finger in the air.
That is all from last year.

Okay, this is good and you'll disclose them with the Witness Statement until then their solicitor can go whistle.

This year, the guy who did the half finished quote came back and went through everything in the schedule of issues with me. Then put together a more detailed quote. It did essentially say though that tiling needs to be ripped out. It will cost x to do that and will require removal of all equipment too. etc etc.

So that's what i have. I do have the odd texts from the old builders asking how the case is going. We have every intension of submitting the quotes at disclosure though. We always were intending to. It's just that the claimant will try and say that we didn't tell the new builders what the problem was or that we just asked for new quotes without asking them what the issue is etc etc....

This is even better as it backs up your position that it can't just be bodged and a proper job will be more costly a result.

Yes re his solicitor - we having a really hard time with him. He is picking at everything. We said what you told us to say plus that we would send our experts by friday BUT on proviso that we have equal time to see his and so they should be with us at the same time. We then suggested a couple of things that can be taken out. And then said we'd write letter of instruction but could he give us his suggestions by friday BUT that if it couldn't be decided then separate letters would have to go out. I also told him what the judge had asked to be given to the expert. He will pick at it all and not agree but I'm trying to stay focussed on meeting our experts list deadline and trying to ignore elitist solicitor - he had the nerve to tell me to stop litigating by letter too today !! I'd just replied to him !

That's because you are communicating with him, as I said in post #139, there's nothing to be gained from arguing this back and forth by letter. If they make an offer to settle it needs a response, you need to adhere to court directions and other than that there is no reason at all to write to the solicitor or the claimant.

The more you argue back with them, the more they will argue the claim and all he is trying to do is scare you at this stage. Each letter is putting pressure on you, well if you don't respond to them he won't have anything to carry on writing back and turning the screws.

The letter sent first was to inform him of your position, he's all uppity because you put him straight on a few things and by the contents of the letter had very little to have a go back. Just ignore him.

OK - Jaguarsuk. We sent expert witness letter to other side as its urgent now...

Our letter attached here and his response. We don't know what to make of it ??? Is he saying that he won't be putting any of his forward at all....???

Please bear in mind though also that he tried yesterday to make something up about without prejudice etc...
And also, we have never been given their experts list so how would he know we would reject them out of hand ?!!!

Okay, so just for your info court deadlines are always 4pm on the date. You weren't to know that, so just make sure you get them over by 4pm on Friday and if you have them before that there's nothing to gain in holding on to them until the deadline.

Great, if he doesn't want to put any experts forward you can find ones that are favourable to you. Even better if he doesn't agree to one of them you write to the judge as he advised in the trail and we'll include that he rejected your three, but didn't put three of his own alternatives forward causing breach of the order. That should ensure you get your expert witness out of your three regardless.

It is hard sometimes not to respond to them, but you're gaining nothing by doing it and playing into his solicitors hand who is adding to his bill nicely.

[Ssssssssss]

OK - Jaguarsuk. We sent expert witness letter to other side as its urgent now...

Our letter attached here and his response. We don't know what to make of it ??? Is he saying that he won't be putting any of his forward at all....???

Please bear in mind though also that he tried yesterday to make something up about without prejudice etc...
And also, we have never been given their experts list so how would he know we would reject them out of hand ?!!!

[Ssssssssss]

Well, you have done yourself no favours. You are going to have to produce those three quotes as you have listed them in the counterclaim and therefore they must be disclosed at trial.

Is the quote the builder who came to help with the schedule of costs around the same amount?

Don’t worry about the photos, they could be photos as he shouldn’t even be sending you them yet. He’ll have to bring the originals to trial and when disclosure is ordered we’ll request digital copies of the original photographs complete with meta data.

Meta data is the time, date, geo location stuff he’s trying to hide by putting them in a pdf.

As I said earlier, it’s best not to respond to him and the solicitor is on notice with your letters that this is going to be argued in court not by letter tennis.

So what i have is :-

- 3 quotes. All for a refit and ripout. Nothing on the quotes indicates its to remedy poor previous workmanship.
- 1 email from another 4th builder with a very high level comment saying it will cost more to fix what the builder should have done right in the first place.
- 1 half finished quote with attached report indicating the defects - but the quote was finger in the air.
That is all from last year.

This year, the guy who did the half finished quote came back and went through everything in the schedule of issues with me. Then put together a more detailed quote. It did essentially say though that tiling needs to be ripped out. It will cost x to do that and will require removal of all equipment too. etc etc.

So that's what i have. I do have the odd texts from the old builders asking how the case is going. We have every intension of submitting the quotes at disclosure though. We always were intending to. It's just that the claimant will try and say that we didn't tell the new builders what the problem was or that we just asked for new quotes without asking them what the issue is etc etc....

Yes re his solicitor - we having a really hard time with him. He is picking at everything. We said what you told us to say plus that we would send our experts by friday BUT on proviso that we have equal time to see his and so they should be with us at the same time. We then suggested a couple of things that can be taken out. And then said we'd write letter of instruction but could he give us his suggestions by friday BUT that if it couldn't be decided then separate letters would have to go out. I also told him what the judge had asked to be given to the expert. He will pick at it all and not agree but I'm trying to stay focussed on meeting our experts list deadline and trying to ignore elitist solicitor - he had the nerve to tell me to stop litigating by letter too today !! I'd just replied to him !

[jaguarsuk]

Well, you have done yourself no favours. You are going to have to produce those three quotes as you have listed them in the counterclaim and therefore they must be disclosed at trial.

Is the quote the builder who came to help with the schedule of costs around the same amount?

Don’t worry about the photos, they could be photos as he shouldn’t even be sending you them yet. He’ll have to bring the originals to trial and when disclosure is ordered we’ll request digital copies of the original photographs complete with meta data.

Meta data is the time, date, geo location stuff he’s trying to hide by putting them in a pdf.

As I said earlier, it’s best not to respond to him and the solicitor is on notice with your letters that this is going to be argued in court not by letter tennis.

[Ssssssssss]

Builder has just this afternoon sent us a batch of photographs embedded into a pdf. But there has been doctoring going on. Can see it a little. Is there anything we can do ? It seems a bit bizarre that we would send us a picture of an unbroken tile now when, when we told him there was a broken tile, he didnt send us that photo back to say no there isnt !

He sent other low res photo from a significant distance.

The other photos are clearly not the same date time but again - how can you know as he has scanned them in and put them in a pdf...