Acknowledge of Service without a Particulars of Claim - CCMCC

[Ssssssssss]

FYI - the expert in his very first email which was sent to the other side said this :-

xx would review the documentation relating to the specification and quotation for the work. This will enable us to complete an Expert Witness Report on our findings. We may subsequently recommend opening up of the construction but will not know whether this will be required until our visit. We have not allowed for any opening up/exploratory work at this stage.

Our fee for providing our report on the basis outlined will be £xxxx plus VAT. This includes all work undertaken up to and including the completion and dispatch of our first report. We have not included for any exploratory work within this amount.

It is our standard practice to request payment of our fee prior to our inspection of the property.

Thereafter, additional work will be charged at £xxxx per hour plus disbursements and VAT.

[jaguarsuk]

I can’t read the letter because I’m on my phone, but there’s probably little value in responding to it.

You have instructed the expert and now you need to file a certificate of service with the court one for the expert, then another for the claimant.

Either post a pic of the letter as opposed a pdf to see tonight or I’ll look in the morning. I’ll talk you through what you need to put in each certificate tomorrow.

[Ssssssssss]

I can’t read the letter because I’m on my phone, but there’s probably little value in responding to it.

You have instructed the expert and now you need to file a certificate of service with the court one for the expert, then another for the claimant.

Either post a pic of the letter as opposed a pdf to see tonight or I’ll look in the morning. I’ll talk you through what you need to put in each certificate tomorrow.

Thanks so much jaguarsuk. I really don't know how to thank you for all this.
Does this help re jpg's ? Tomorrow is great too.

[jaguarsuk]

Thanks so much jaguarsuk. I really don't know how to thank you for all this.
Does this help re jpg's ? Tomorrow is great too.

More bullshit and bluster. The only response required is to the last paragraph, don't say anything else and certainly don't take him on... it's obvious they just want to argue this out by letter.

Him vs You - Claim number XXXXXXXX

Without Prejudice Except As to Costs

Dear Elitist Solicitor

I write in response to your letter of XX/XX/2019 regarding the above matter in the <<PLACE>> County Court.

As I have communicated previously it is not my intention to litigate by correspondence.

Disclosure will take place when the court orders disclosure as previously communicated and as you are well aware CPR 36 is irrelevant to disclosure.

I look forward to your response to our offer to settle.

In other words, shut up and go away.

[Ssssssssss]

More bullshit and bluster. The only response required is to the last paragraph, don't say anything else and certainly don't take him on... it's obvious they just want to argue this out by letter.



In other words, shut up and go away.

Thanks Jaguarsuk. That sounds great. I;ll do that.

He is trying to paint me out to be unreasonable I think. I suspect what will happen is that he will go ahead and try and tell the expert not to look at methodologies for fixing tiles, not to look at exploratory works and not to look at the schedule of issues. I guess its at that point i'd need to respond ? I hope he doesn't frighten this expert away !!! I guess at that point we would have to say we would refer it to the court for a decision ?

I'll just do that two certificates of service now. Is this right form? https://assets.publishing.service.go...5/n215-eng.pdf

I should just say

1. letter and letter of instruction for claimant served (on one form)
2. email & letter of instruction served to expert and copied to claimant (on the other form )

Is that right ?

[jaguarsuk]

I'll just do that two certificates of service now. Is this right form? https://assets.publishing.service.go...5/n215-eng.pdf

I should just say

1. letter and letter of instruction for claimant served (on one form)
2. email & letter of instruction served to expert and copied to claimant (on the other form )

Is that right ?

Yes, that's correct. Puts everything on court record then that instructions have been sent and parties have been served.

No doubt he'll respond banging on about disclosure to the letter, I'd simply ignore him from now on. Don't forget every letter he sends he adds to his fee and so he's loving all the back and forth.

He's been told where you stand and that's that.

[Ssssssssss]

Yes, that's correct. Puts everything on court record then that instructions have been sent and parties have been served.

No doubt he'll respond banging on about disclosure to the letter, I'd simply ignore him from now on. Don't forget every letter he sends he adds to his fee and so he's loving all the back and forth.

He's been told where you stand and that's that.

Thanks Jaguarsuk. Apparently the Elitist solicitor emailed the expert on Friday morning but didn't copy us in. Luckily the expert wrote him back, copied us in, and told him that he needs to copy us into everything.

We then replied back this morning and asked the Elitist solicitor to send us a copy of all correspondence he has sent to the expert without copying us in.

[Ssssssssss]

So we didn't hear anything from the other side and the other side didn't forward us the correspondence they sent to the expert. I'm loathed to write to them again but should I shove cpr35.8(2) in their face swiftly? Or leave it till we hear again from the expert.

[jaguarsuk]

No, don’t write to them it achieves nothing other than allowing the solicitor to write to you and add to his bill.

As I have said, letter tennis is pointless, let’s see what the experts report says, the tone of their correspondence might well change after their report.

[Ssssssssss]

No, don’t write to them it achieves nothing other than allowing the solicitor to write to you and add to his bill.

As I have said, letter tennis is pointless, let’s see what the experts report says, the tone of their correspondence might well change after their report.

Thanks Jaguarsuk. We did just that and haven't contacted them. We have received the following from the expert this morning. It's almost identical to the email he sent us before we instructed him and that we sent to the other side prior to them selecting him. He has upped the fee but not really outlined anything regarding exploratory works further than what he said before. He hasn't outlined whether he will be looking at the schedules either.

I'm not really sure what to do now. We know exploratory works will be needed in order to see what's behind some of the tiles (he can't answer the biggest question on our list without doing this !) but we know that if he doesn't look into it on his first visit its highly unlikely the other side will pay for him to come back and look at it after the "first report" he produces ! We wouldn't want him to come back a second time either.

We never got a copy of what the other side told him either so we have asked him to forward it to us.

But anyway - not really sure what to do now about this or the deadline likely to be missed.

We didn't get any reply to our without prejudice letter so far either and its now been 21 days.

Could we suggest a local builder being present to work under his instruction on inspection day ? Or something else like that ?

The biggest issue of how the tiles are attached - not covered in adhesive properly when attached to the wall causing voids and also that grout has been used behind the mosaic where adhesive should be - these can't surely be answered any other way but that to remove some of the tiles !

[Ssssssssss]

Thanks Jaguarsuk. We did just that and haven't contacted them. We have received the following from the expert this morning. It's almost identical to the email he sent us before we instructed him and that we sent to the other side prior to them selecting him. He has upped the fee but not really outlined anything regarding exploratory works further than what he said before. He hasn't outlined whether he will be looking at the schedules either.

I'm not really sure what to do now. We know exploratory works will be needed in order to see what's behind some of the tiles (he can't answer the biggest question on our list without doing this !) but we know that if he doesn't look into it on his first visit its highly unlikely the other side will pay for him to come back and look at it after the "first report" he produces ! We wouldn't want him to come back a second time either.

We never got a copy of what the other side told him either so we have asked him to forward it to us.

But anyway - not really sure what to do now about this or the deadline likely to be missed.

We didn't get any reply to our without prejudice letter so far either and its now been 21 days.

Could we suggest a local builder being present to work under his instruction on inspection day ? Or something else like that ?

The biggest issue of how the tiles are attached - not covered in adhesive properly when attached to the wall causing voids and also that grout has been used behind the mosaic where adhesive should be - these can't surely be answered any other way but that to remove some of the tiles !

FYI, he has also changed the basis of instruction from his first email slightly. His first email before instruction said :-

"....X would review the documentation relating to the specification and quotation for the work. This will enable us to complete an Expert Witness Report on our findings. We may subsequently recommend opening up of the construction but will not know whether this will be required until our visit. We have not allowed for any opening up/ exploratory works at this stage. The report would address the following :-

- Whether there are any defects within the bathroom
- Ascertain if possible where the responsibility for those defects lies
- Estimate the cost of rectifying these defects if any.
....
"

[jaguarsuk]

FYI, he has also changed the basis of instruction from his first email slightly. His first email before instruction said :-

"....X would review the documentation relating to the specification and quotation for the work. This will enable us to complete an Expert Witness Report on our findings. We may subsequently recommend opening up of the construction but will not know whether this will be required until our visit. We have not allowed for any opening up/ exploratory works at this stage. The report would address the following :-

- Whether there are any defects within the bathroom
- Ascertain if possible where the responsibility for those defects lies
- Estimate the cost of rectifying these defects if any.
....
"

You are going to need to contact the court with a copy of the letter to request an extension of 28 days to the August 21st Deadline on the basis of the timescales provided by the expert.

He doesn't need to provide an estimate of costs because you have quotes to rectify the works.

If the other side have sent instruction and not served you it's just further evidence of their unreasonable conduct.

[Ssssssssss]

You are going to need to contact the court with a copy of the letter to request an extension of 28 days to the August 21st Deadline on the basis of the timescales provided by the expert.

He doesn't need to provide an estimate of costs because you have quotes to rectify the works.

If the other side have sent instruction and not served you it's just further evidence of their unreasonable conduct.

Thanks Jaguarsuk. No problems re what you say. Yes i thought he didn't need to provide estimates either but wasn't sure.

Do you have any idea of whether we should leave it regarding the exploratory works ? That's the bit I'm most concerned about because if they don't do that, then the biggest issue won't be investigated fully. And they'll have to come back !

[jaguarsuk]

Thanks Jaguarsuk. No problems re what you say. Yes i thought he didn't need to provide estimates either but wasn't sure.

Do you have any idea of whether we should leave it regarding the exploratory works ? That's the bit I'm most concerned about because if they don't do that, then the biggest issue won't be investigated fully. And they'll have to come back !

The expert isn't willing to commit to those works because they don't know whether they are necessary. They may be able to tell without those works how the work has been done after all they are professionals in their field enough to be considered an expert. If they have to come back then unfortunately that's the way of it and just how the process works.

[Ssssssssss]

The expert isn't willing to commit to those works because they don't know whether they are necessary. They may be able to tell without those works how the work has been done after all they are professionals in their field enough to be considered an expert. If they have to come back then unfortunately that's the way of it and just how the process works.

Thanks Jaguarsuk. We are just in the process of requesting that extension now.

Can I just check one thing. The letter that the expert sent that i enclosed redacted a few posts earlier....he has entitled it letter of instruction. Does that mean that he is saying that our letter of instruction is put to one side and this is the formal letter ? I just got confused after reading it again as the basis of instruction doesn't mention the schedules.