Acknowledge of Service without a Particulars of Claim - CCMCC

[Ssssssssss]

Write back with the below and send a copy to the court.

Thanks Jaguarsuk.*

I was literally about to send this letter out but just in the last few minutes i received email from court with other side copied in saying*"

Dear Sir/Madam,*I am writing with regards to the hearing scheduled for the above case number on 25 March 2020. *Due to the current Covid-19 situation the Judge has adjourned all hearings therefore tomorrow’s hearing will not be going ahead.* Any queries please contact us on x"

Is it worth sending the letter you suggested now ?* I'm assuming its probably not worth it anymore as the decisions been made for all cases currently underway at this particular court.

[jaguarsuk]

Write back with the below and send a copy to the court.

I am writing in response to your letter dated 23rd March 2020, a copy is enclosed as there were more than one.

It is the responsibility if HMCTS to keep all parties safe and it is not up to the defendants/counter claimants to act as substitute for any failings they might have, perhaps if you are so concerned about their inaction you ought to spend your time petitioning HMCTS instead of pointlessly writing to the defendants/counter claimants.

The defendants/counter claimants are happy to attend a hearing with social distancing measures in place, are not merely because of their age in the very high risk category and have none of the underlying health conditions that would put them into that category, you suggestion they are is sensationalism at its finest.

We do not see a reason why the claimant/counter defendant cannot attend a hearing, his father is not required to be involved in this matter and as you have only stated concern for his father we must assume he has no underlying health conditions that would put himself in the high risk category. However, there's a really simple way of not having to attend a hearing if your client does not wish to and that is to discontinue the claim then settle the counter claim amount owing for his bodge job in full, then he won't have to attend anything.

In any event it is the claimant who seeks an adjournment, so a consent order is not the appropriate vehicle to request this and it certainly is not incumbent upon the defendants/counter claimants to sign one as well as share the cost of it being sealed. We have sought clarification from the court and will await their directions, but if you want to waste the money of your client making applications unnecessarily we'll add this to the list of unreasonable conduct on the claim pursuant to CPR 27.14 for when the hearing turns to costs.

We feel that this matter has dragged on long enough, if possible safely that a hearing should go ahead and ideally that will be via telephone or video conference call. Whether that is the case will be decided by the court.

Yours sincerely



The Defendants/Counter claimants

CC - X County Court, the street, town, postcode.

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oh and thanks for responding regarding what would happen if someone passes away. It was worrying. It's a horrible question to have to ask but the circumstances are pretty awful I guess.*

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Sorry I have only just seen this, what response did you give them?

I would have sought guidance from the court regarding a video link and/or their views on adjournment. If the claimant is concerned they can apply to the court for a stay and therefore there is no need for consent or a consent order. The claim could also be heard via telephone, which you can still request for Wednesday. If it were me and I could keep it going ahead safely I would given the evidence.

If the worst happened, the one surviving parent would become the sole defendant and if both parents passed then the claim would continue to recover the monies for their estate.

Hey thanks Jaguarsuk. I didn't respond at all initially as didn't know what to say really as i always thought these things are up to the court and when i google consent orders they didn't seem relevant and i couldn't really understand if i'd be landing myself in more trouble.

But this morning (23rd) at around 10am. - we got letter 1 attached from them which to be honest I was not impressed with the tone. Plus neither my parents are in the very high risk categories announced on Friday and I'll be honest, I would doubt his father is either but i don't know.

I phoned the court and they took my details and said that they would call me back but they didn't so at around 4 i sent them attached email. It basically said that we don't know what is happening. Can the court use video. Do we need to come in. All the questions you raised above which is good.

I then replied to the claimants solicitor ( attached below) and said that it was up to hmcts and the court to decide their policy and we were awaiting their response so no consent order would be necessary at this stage ( in line with what you suggest was the right thing to do I think).

After 5:30 pm they sent letter 2 attached below which again got me riled and seems to be having a go at us for hmcts not doing what they want and then threatening to put an application in if we don't agree.
To that last letter i have not responded yet as i was just so angry with the tone being taken when this is not our fault.

Given tonights briefing by Boris, I think the hearing will be adjourned anyway but I will write to pursue a telephone or video hearing as that seems like the best approach to get this thing sorted out. It's not ideal but then nor is waiting 3 to 6 months more. Not sure what else we can do. I'm minded not to bother responding to that last letter ?

[jaguarsuk]

Sorry I have only just seen this, what response did you give them?

I would have sought guidance from the court regarding a video link and/or their views on adjournment. If the claimant is concerned they can apply to the court for a stay and therefore there is no need for consent or a consent order. The claim could also be heard via telephone, which you can still request for Wednesday. If it were me and I could keep it going ahead safely I would given the evidence.*

If the worst happened, the one surviving parent would become the sole defendant and if both parents passed then the claim would continue to recover the monies for their estate.*

[Ssssssssss]

Yes you will have the opportunity to ask questions of them and so prepare the questions you wish to ask about their evidence.

Thanks Jaguarsuk. I'm getting my stuff together at the moment.

We just received the attached letter from the other side and really don't know what to do to be honest.

I'm not sure what a consent order is and also whether it can be used to move a trial date anyway ?

My parents are the defendants not me and they are indeed in their 70's. The claimants father i think is in his 60's I believe - Possibly a little older.
They have all put their witness statements in as have i put mine in and the claimant has put his in.

I don't really think things are going to be any better in 2 months time in all honesty.

The other side want an answer by close tomorrow - is there any deadline for putting in consent orders to adjourn ? I wanted to wait for government advise over the next two days ?

Should i contact the court to find out what they are doing ? Maybe they could do video link with parents etc and I could attend ?
Also, a rather more sombre question - if anything were to happen to my parents or the claimant or his father, what is likely to happen to the case? Can it continue ?

[jaguarsuk]

Yes you will have the opportunity to ask questions of them and so prepare the questions you wish to ask about their evidence.

[Ssssssssss]

I can see that's dot and dab, but you need to find another article that shows photo examples of it just in case the judge decides to come over all stupid. Then you can unequivocally show that the method has been used.



Good, don't want to be in court on Friday 13th.



Yes, absolutely as that will allow you to challenge their assertion and highlight the reason they have not provided a receipt as evidence.

All in all, with the report, them saying they did not use that method and those photos showing that to be a lie, he's going to have a lot of explaining to do.

Don't forget if you are successful you need to ask for costs pursuant to CPR 27.14 including your costs of the expert evidence highlighting their application to strike out, delaying of the expert reporting and general contempt for orders of the court throughout.

Ok will do so. I found 2 articles which have pictures of dot and dab so i've printed them off to take.* Thanks for the advice on that.

Is there anything else i can do to prepare for the hearing ? Will we be cross examining each other ? Should i prepare any questions of that nature ?
Let me know if there is anything else i could be doing in the meantime ?

[jaguarsuk]

Not to worry, I think I might have read your mind.

I submitted the attached article as an exhibit to the statement. Do you think this might be enough of an explanation of what it is for the judge to know ? Attached here are some of the photos of the back of the tile from our bathroom too which i submitted. ?
I'm hoping the connect is straightforward but it would be useful to know if you'd get it from looking at these two ?

I hope you are feeling better now ?

I can see that's dot and dab, but you need to find another article that shows photo examples of it just in case the judge decides to come over all stupid. Then you can unequivocally show that the method has been used.

The hearing is on the 25th March

Good, don't want to be in court on Friday 13th.

oh i forgot to say, they didn't include the tile receipt in their evidence either which would prove whether they were lying or not.
They also sent us a receipt for the goods like the sink that they allege they installed. But it doesn't match the one in the bathroom so could i take a picture of what it should have looked like into the court on the day ? FYI - they installed a mismatched sink and vanity but wouldn't tell us what they had installed...

Yes, absolutely as that will allow you to challenge their assertion and highlight the reason they have not provided a receipt as evidence.

All in all, with the report, them saying they did not use that method and those photos showing that to be a lie, he's going to have a lot of explaining to do.

Don't forget if you are successful you need to ask for costs pursuant to CPR 27.14 including your costs of the expert evidence highlighting their application to strike out, delaying of the expert reporting and general contempt for orders of the court throughout.

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oh i forgot to say, they didn't include the tile receipt in their evidence either which would prove whether they were lying or not. *
They also sent us a receipt for the goods like the sink that they allege they installed. *But it doesn't match the one in the bathroom so could i take a picture of what it should have looked like into the court on the day ? *FYI - they installed a mismatched sink and vanity but wouldn't tell us what they had installed...

[Ssssssssss]

Not to worry, I think I might have read your mind.

I submitted the attached article as an exhibit to the statement. Do you think this might be enough of an explanation of what it is for the judge to know ? Attached here are some of the photos of the back of the tile from our bathroom too which i submitted. ?
I'm hoping the connect is straightforward but it would be useful to know if you'd get it from looking at these two ?

I hope you are feeling better now ?

The hearing is on the 25th March

[Ssssssssss]

You made them an offer that was fair and therefore I would stick to it, they would be well advised to take it. However, they seem very belligerent and so I expect they will refuse it anyway with this going to a hearing. I doubt they'll pay the solicitor to attend either, but as it's the final hearing they might.

Once the offer has expired though, if they approach you only settlement for the full amount counter claimed is acceptable.

Your photos of the dot and dab method show that they are not making truthful statements in their witness statement, they have fallen right into the trap we wanted them to and no judge can take them credibly when they are lying out right.

It's a bit after the fact and I should have advised you to put it in the WS, but I have been unwell recently and not on here as much. Google dot and dab technique to find an explanation of it which includes photos to take with you in case the judge asks how they are supposed to know what it is.

The judge has photos to compare to yours then if they need them.

Is the hearing on 13th March?

Not to worry, I think I might have read your mind. *

I submitted the attached article as an exhibit to the statement. *Do you think this might be enough of an explanation of what it is for the judge to know ? * *Attached here are some of the photos of the back of the tile from our bathroom too which i submitted. ?
I'm hoping the connect is straightforward but it would be useful to know if you'd get it from looking at these two ?

I hope you are feeling better now ?

[jaguarsuk]

from the looks of it, we are now in a massively advantaged position in terms of evidence so I'm wondering if I should withdraw that offer or just leave it? Or amend it and ask for full claimed amount?

You made them an offer that was fair and therefore I would stick to it, they would be well advised to take it. However, they seem very belligerent and so I expect they will refuse it anyway with this going to a hearing. I doubt they'll pay the solicitor to attend either, but as it's the final hearing they might.

Once the offer has expired though, if they approach you only settlement for the full amount counter claimed is acceptable.

Your photos of the dot and dab method show that they are not making truthful statements in their witness statement, they have fallen right into the trap we wanted them to and no judge can take them credibly when they are lying out right.

It's a bit after the fact and I should have advised you to put it in the WS, but I have been unwell recently and not on here as much. Google dot and dab technique to find an explanation of it which includes photos to take with you in case the judge asks how they are supposed to know what it is.

The judge has photos to compare to yours then if they need them.

Is the hearing on 13th March?

[Ssssssssss]

Hiya, all the paperwork for swapped on Friday.
The other side's witness statements and evidence was poor.

They denied using dot and dab. They didn't put any of the contractual info in. They argued that the expert was on their side and that the experts numbers are way too high.

they produced a quote they did for next door saying we had recommended them to next door.

that seemed to be their best defence except they failed to mention they went over there in the first or second day when we didn't really know what things would end up like.

they put their doctored photograph into evidence too.

I'm wondering if I should follow up on that photo now to ask for the original or just leave it.

Also, a while back I sent them an offer of £5100 but that if any further costs are incurred they would be added to that.

from the looks of it, we are now in a massively advantaged position in terms of evidence so I'm wondering if I should withdraw that offer or just leave it? Or amend it and ask for full claimed amount?

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It suits you, so there's no reason why not. The hearing date isn't changing, but I would add that you have patiently waited for their response regarding the part 35 questions and been gracious enough to expeditiously respond to this request, so would be obliged if they had their discussion and responded as a matter of urgency.

Hi jaguarsuk,*
Ive added the 3 witness statements here. I'm still adding reference to them and trying to sort them out but I'd really appreciate if you have time to look.
My dads is short and sweet.
My mums is fairly straightforward and not too long I think.
Mine is way too long and I'm struggling to know what to take out or how to format it better. I 've tried to keep it chronological as much as possible but it got very difficult towards the end and its now 15 pages long in double line spacing. * IF there is anything that I just don't need to say or reduce greatly then let me know. *I'm not good at less detail as you might have noticed. :-). * Any advice greatly received.

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