Acknowledge of Service without a Particulars of Claim - CCMCC

[Ssssssssss]

The first page is all bluster about how much effort they are putting in, it's designed to make you think there's a large team working on the claim. They're trying to scare you, if you win the claim then CPR 36 will be irrelevant, why would you agree an offer less than what you have won? You wouldn't and no judge is going to think that is unreasonable. And in any event costs are limited in the small claims track and unless they can evidence unreasonable conduct in the claim pursuant to CPR 27.14 all they'll get is witness expenses usually limited to £100.

It's why the bloke is an idiot instructing a solicitor because he could find himself on the end of a judgement and a very expensive legal bill.

Write back and tell them that you do not accept their offer, that you do not owe their client a penny for his work that is contrary to the Consumer Rights Act 2015 s.49 and £500 is nowhere near the sum required to rectify the works. As for wasted costs, you do not consider there to be any and neither does the court or else they'd have been awarded them at the hearing of their failed application.

Don't let them know you have removed and photographed the tiles, that little bombshell is best dropped with the exchange of Witness Statements after they have lied saying he did not use that method in theirs, you'll serve them with your Witness Statement at the latest opportunity and accompanied with an offer to settle for the full amount counter claimed.

Post a draft of your witness statement when it's ready with identifying info removed.

OK great. *I'll do exactly that.

The other side are asking for an extension see letter below. *I could do with a few extra days too to take the pressure off getting everything printed but not a week extra. *The trial is on 25th March so wouldn't want to have less time to prepare for that. *

What do you think. *Should I say till Wednesday 4pm next week will be fine but no later or shall I just stick to what the court has given ?

*

[MIKE770]

Me they have had long enough

[pt2537]

a week is not unreasonable. If you refuse then you may face an application notice and an argument your refusal was unreasonable so you should pay the costs of the application. the parties can vary the time table by consent so it is within your gift to grant the extension

[jaguarsuk]

OK great. I'll do exactly that.

The other side are asking for an extension see letter below. I could do with a few extra days too to take the pressure off getting everything printed but not a week extra. The trial is on 25th March so wouldn't want to have less time to prepare for that.

What do you think. Should I say till Wednesday 4pm next week will be fine but no later or shall I just stick to what the court has given ?

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.

[Ssssssssss]

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.

OK cool - I have done that. *I have suggested deadline 4pm Friday as we will have the weekend then to review whatever they have concocted.

Thanks Jaguarsuk. *also pt2537 and MIKE770. *I take your point about looking reasonable.

[Ssssssssss]

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.

*

[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?

[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]

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 ?

[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]

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...

[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.

[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]

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

[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 ?