Acknowledge of Service without a Particulars of Claim - CCMCC

[jaguarsuk]

Hi Jaguarsuk,

We walked everything into the court last Thursday and they said they would make sure the judge sees it as soon as possible rather than waiting till a hearing. We then sent the other side a copy on Tuesday this week.

Not heard anything from anyone thus far so i guess its just a waiting game to see what the court says. It's been 22 days since the inspection now though

Anyway, just thought i'd post this as an update and to say thank you for helping us put everything together for this.

Have a great weekend.

Okay, that's good and hopefully the order will be denied with directions issued for the expert to get on with it. They should be rebuked by the court for contempt as they are currently in breach of the order of the court, but I doubt they will be.

[Ssssssssss]

That's really unfortunate as you do not want that interim order granting and want them to direct the expert to get on with it.

Walk it in to the court and then post them a copy either tomorrow or the day after when you can be bothered.

Hi Jaguarsuk,

We walked everything into the court last Thursday and they said they would make sure the judge sees it as soon as possible rather than waiting till a hearing. We then sent the other side a copy on Tuesday this week.

Not heard anything from anyone thus far so i guess its just a waiting game to see what the court says. It's been 22 days since the inspection now though

Anyway, just thought i'd post this as an update and to say thank you for helping us put everything together for this.

Have a great weekend.

[jaguarsuk]

OK so i finally managed to get through to the court on the phone. She said the application notice was already with the judge but they hadn't heard anything back yet. She said that its likely our response would only be seen by the judge around the time of any hearing ( should one be listed ).

So i informed her of the situation with the expert and she said to write to the court urgently and put it all in the letter and send the response we wrote to them too and then hopefully the judge will see it and not leave it to the hearing.

I've therefore just written a covering letter to say the other side have halted the work of the expert and please can you look at it urgently.

Should i say anything else to them? I'm planning to walk down to the court tomorrow and hand it all in at the urgent business counter if possible or in their drop box. She said she had put a note on the file too.

Do i have to send the response to the other side at the same time ?

That's really unfortunate as you do not want that interim order granting and want them to direct the expert to get on with it.

Walk it in to the court and then post them a copy either tomorrow or the day after when you can be bothered.

[Ssssssssss]

Thanks so much for having a read through. I'll make that update and then change all the red to black.

Just one question though - is it ok to take the part 31 stuff out and then just cross examine them about all their alleged requests in the hearing itself ? Or do you think we should just leave them in ? Still worried about their doctoring stuff.

Then should we wait for a letter giving us a hearing date before sending this all off or should we just sent it to the court and then the other side at the same time ?

And once again I really appreciate all of this. I cannot thank you enough for reading through it again.

OK so i finally managed to get through to the court on the phone. She said the application notice was already with the judge but they hadn't heard anything back yet. She said that its likely our response would only be seen by the judge around the time of any hearing ( should one be listed ).

So i informed her of the situation with the expert and she said to write to the court urgently and put it all in the letter and send the response we wrote to them too and then hopefully the judge will see it and not leave it to the hearing.

I've therefore just written a covering letter to say the other side have halted the work of the expert and please can you look at it urgently.

Should i say anything else to them? I'm planning to walk down to the court tomorrow and hand it all in at the urgent business counter if possible or in their drop box. She said she had put a note on the file too.

Do i have to send the response to the other side at the same time ?

[Ssssssssss]

21 c Defendant/Part 20 Claimants (you)

Other than that it all looks fine to me.

Thanks so much for having a read through. I'll make that update and then change all the red to black.

Just one question though - is it ok to take the part 31 stuff out and then just cross examine them about all their alleged requests in the hearing itself ? Or do you think we should just leave them in ? Still worried about their doctoring stuff.

Then should we wait for a letter giving us a hearing date before sending this all off or should we just sent it to the court and then the other side at the same time ?

And once again I really appreciate all of this. I cannot thank you enough for reading through it again.

[jaguarsuk]

21 c Defendant/Part 20 Claimants (you)

Other than that it all looks fine to me.

[Ssssssssss]

I won't get chance to read this before leaving the office, so will try to look tomorrow.

Regards the expert, I would email them giving them 24 hours to respond and remind them that it is they, not the Claimant/Part 20 Defendant or you who will be in contempt of court should they miss the deadline, so if it is going to be missed they'd be well advised to let you know. In the absence of an order of the court their obligation is determined by the last order given by the court.

OK -The document is all updated in the post above and thanks again in advance.

Thanks for your help and have a great evening.

[jaguarsuk]

Eek k-i've left the judges name in by mistake. I'll zap that out and re-submit once you have read it if you want ?

Can replace it now.

[Ssssssssss]

Also, is it worth me throwing in that they haven't submitted a contract with their claim so why should the court throw their claim out ?!! I'm guessing its probably not worth it ?

Eek k-i've left the judges name in by mistake. I'll zap that out and re-submit once you have read it if you want ?

[jaguarsuk]

OK great. Thanks again for helping me so much with this. I wouldn't have known where to start.

So i've taken all the text you created and updates and put it in the attached document. I've had to update a few things based on the comments below as some things happened differently to how the other side were making out in the preliminary hearing. I've tried to explain myself below but would you be able to take a look and advise ? I can then put the exhibits in and i presume i would send it to the court and the other side ?

1. The case is about defective workmanship but also about goods not being as described and other contractual issues.
2. I've updated the numbering to that our number matches theirs - this is purely because it will stop me getting confused in the hearing itself. No other reason really.
3. I'm really concerned that if we mention part 31 requests, the other side will fabricate one up. (This has been their mentality to date). Should i instead of itemising about part 31 requests, instead maybe challenge them in the hearing to produce their numerous requests given they haven't put any into their exhibits ? OR should i leave the part 31 stuff in ? I honestly wouldn't put it past the builder to knock up a document though in preparation once he knows about these types of requests.
4. the stuff that happened in the hearing is different to how they say it happened. I've tried to explain and updated accordingly but it may be too verbose?
5. Is paragraph 21 way too long and verbose too ? Should i just summarise all of that instead of putting in the exact detail ?

Also worth noting that the expert has ignored us regarding carrying on with work it would seem as we told him to tell us by today if the deadline would be met and he hasn't responded at all

Thanks in advance for everything - I really don't know how to repay you.

I won't get chance to read this before leaving the office, so will try to look tomorrow.

Regards the expert, I would email them giving them 24 hours to respond and remind them that it is they, not the Claimant/Part 20 Defendant or you who will be in contempt of court should they miss the deadline, so if it is going to be missed they'd be well advised to let you know. In the absence of an order of the court their obligation is determined by the last order given by the court.

[Ssssssssss]

OK great. Thanks again for helping me so much with this. I wouldn't have known where to start.

So i've taken all the text you created and updates and put it in the attached document. I've had to update a few things based on the comments below as some things happened differently to how the other side were making out in the preliminary hearing. I've tried to explain myself below but would you be able to take a look and advise ? I can then put the exhibits in and i presume i would send it to the court and the other side ?
.....u.

Also, is it worth me throwing in that they haven't submitted a contract with their claim so why should the court throw their claim out ?!! I'm guessing its probably not worth it ?

[Ssssssssss]

No it'll be we and just they will sign it as they are the defendants.

Yes it is in the small claim track and only if the court decides to change the track will it change, the other side can't claim their costs if their strike out is successful only court fees and witness expenses (max £100) for the application (total of £355 if they're lucky).

I'd be surprised if this came out of the small claims track.

OK great. Thanks again for helping me so much with this. I wouldn't have known where to start.

So i've taken all the text you created and updates and put it in the attached document. I've had to update a few things based on the comments below as some things happened differently to how the other side were making out in the preliminary hearing. I've tried to explain myself below but would you be able to take a look and advise ? I can then put the exhibits in and i presume i would send it to the court and the other side ?

1. The case is about defective workmanship but also about goods not being as described and other contractual issues.
2. I've updated the numbering to that our number matches theirs - this is purely because it will stop me getting confused in the hearing itself. No other reason really.
3. I'm really concerned that if we mention part 31 requests, the other side will fabricate one up. (This has been their mentality to date). Should i instead of itemising about part 31 requests, instead maybe challenge them in the hearing to produce their numerous requests given they haven't put any into their exhibits ? OR should i leave the part 31 stuff in ? I honestly wouldn't put it past the builder to knock up a document though in preparation once he knows about these types of requests.
4. the stuff that happened in the hearing is different to how they say it happened. I've tried to explain and updated accordingly but it may be too verbose?
5. Is paragraph 21 way too long and verbose too ? Should i just summarise all of that instead of putting in the exact detail ?

Also worth noting that the expert has ignored us regarding carrying on with work it would seem as we told him to tell us by today if the deadline would be met and he hasn't responded at all

Thanks in advance for everything - I really don't know how to repay you.

[jaguarsuk]

ok great. I am nearly there but just had a couple of quick questions.

So the defendants are my parents and i've just been pretty much doing everything for them as they are elderly and wouldn't know what to do. Should i write this all in my name ? "I" being me, their daughter. Do we all three need to sign it or should that be me or them ? Bear in mind it will be me speaking in the hearing.

Secondly, in terms of the case, something has been troubling me for ages so i wrote to the court to ask definitely what track we were on a while back ( we had small claims directions and the court seems to be treating it as small claims but we never had a final notice of allocation.). They wrote back the following:-

"please note the matter has provisionally been allocated to the Small Claims Track, however, when everything has been filed as ordered on 12th june (prelim hearing), the file will be referred to a judge again and the judge should finally decide the track. Your letter has been placed on file so the judge can see our preference for the matter to be a small claims track case"

To me, this should mean that we are on small claims track until the court decides otherwise but does this actually mean that and if so does it mean that the rules that are applied to small claim are being applied to our case at the moment e.g. when a CPR is not applicable for small claims etc ? Given the other side are going to try and claim their legal costs...

No it'll be we and just they will sign it as they are the defendants.

Yes it is in the small claim track and only if the court decides to change the track will it change, the other side can't claim their costs if their strike out is successful only court fees and witness expenses (max £100) for the application (total of £355 if they're lucky).

I'd be surprised if this came out of the small claims track.

[Ssssssssss]

1, 4 and 5 yes where appropriate.

I’d refrain from adding 2 & 3 of honest.

ok great. I am nearly there but just had a couple of quick questions.

So the defendants are my parents and i've just been pretty much doing everything for them as they are elderly and wouldn't know what to do. Should i write this all in my name ? "I" being me, their daughter. Do we all three need to sign it or should that be me or them ? Bear in mind it will be me speaking in the hearing.

Secondly, in terms of the case, something has been troubling me for ages so i wrote to the court to ask definitely what track we were on a while back ( we had small claims directions and the court seems to be treating it as small claims but we never had a final notice of allocation.). They wrote back the following:-

"please note the matter has provisionally been allocated to the Small Claims Track, however, when everything has been filed as ordered on 12th june (prelim hearing), the file will be referred to a judge again and the judge should finally decide the track. Your letter has been placed on file so the judge can see our preference for the matter to be a small claims track case"

To me, this should mean that we are on small claims track until the court decides otherwise but does this actually mean that and if so does it mean that the rules that are applied to small claim are being applied to our case at the moment e.g. when a CPR is not applicable for small claims etc ? Given the other side are going to try and claim their legal costs...

[jaguarsuk]

1, 4 and 5 yes where appropriate.

I’d refrain from adding 2 & 3 of honest.