My error in Particulars of Claim

[jessiesom]

I've commenced a Money Claims Online case against a builder who caused readily avoidable damage when working on my flat. I tried to resolve things amicably without success and he became quite intimidating in his manner. As I'm a female living on my own, this was quite frightening. Nevertheless I went through the process of a LBA which he did not respond to, however he is now defending the claim. I've noticed that I made an error in the dates I entered in the Particulars of Claim as to when the builder provided their service. Hence I wanted to ask those here who are more knowledgable than I as to whether this have an impact in allowing me to proceed and in particular on the hearing? I essentially wrote in error in the POC that he had started the work 3 days after he actually had.

[efpom]

Does anything on this, or was it just a slip of the pen?

[jessiesom]

Does anything on this, or was it just a slip of the pen?

EFPOM, it was a mistype. The builder was working in my place for a for few days and by mistake on the Particulars of Claim (POC) I put the start date as the 4th instead of the 1st, with the end date being the 5th. The legal issues in the POC, relating to the breaches of the Consumer Rights Act were all correct though. Does anyone have any idea whether this mistake will impact on my ability to proceed and on the outcome of the Court case itself? Thank you.

[2222]

It does cast some doubt on any other dates in the claim, but if nothing hinges on those it doesn't matter.

I would correct this in your witness statement, if you haven't produced it yet.

[R0b]

To avoid (potentially costly) mistakes like this, you would be best using the phrase "In or around September 2019..." or "On or about 5 September 2019"

But agree with 2222 generally, correct it in your witness statement

[jessiesom]

It does cast some doubt on any other dates in the claim, but if nothing hinges on those it doesn't matter.

I would correct this in your witness statement, if you haven't produced it yet.

2222, I am ever so grateful for your response. I'll certainly take your advice and correct it in my witness statement. Thank you.

[jessiesom]

To avoid (potentially costly) mistakes like this, you would be best using the phrase "In or around September 2019..." or "On or about 5 September 2019"

But agree with 2222 generally, correct it in your witness statement

Rob, many thanks for your reply. I'll certainly bear in mind you advice and I'll do as you and 2222 suggest and correct in the witness statement. Thank you so much.

[jessiesom]

I've just received the witness statement and a counterclaim from the builder, which is steeped in legalese and probably written by a legal professional. I have to admit being intimidated and overwhelmed now. I hope that some of you might be able to give me some advice as to what my next steps should be in relation to the 3 points below.
1. In the Defence, the builder states that my Particulars of Claim failed to give adequate information to enable him to properly assess his position. It also requests that I provide 'specific details' of which elements of his work were carried out in Breach of the CRA 2015, as the particulars of claim did not do this, which is correct. In the PoC I simply stated that his work had been in breach of the CRA 2015 as it was not carried out with reasonable care and skill. Is his statement here something I should be concerned about or that I should address in some way?
2. The builder also asked that I bare the cost of amending his defence should I supply the information requested in 1. I had provided this to him previously via email and explained that it was in breach of the CRA 2015, prior to the claim being made. Is this something I should agree to or can I refer him to this email?
3. He also requested that I provide 'motive and evidence' that he filmed me in my home without my agreeing to it. I had mentioned this as a reason why I did not wish him to return to my property as I felt unsafe, after I had noticed him filming me in my flat without asking my permission when he attended to view the damage he had caused and I challenged him about this. I have video footage of him holding the camera and my challenging him, so there is evidence, however I wondered if I have to provide the 'motive' he requests?

Thank you.

[R0b]

Regarding your 3 points:

1. You should have given sufficient details to enable them to unerstand the case against the builder. So when you say that they were in breach of the CRA 2015, you should have specified (as they suggest) why the builder was in breach and what work wasn't carried out with reasonable skill and care. Of course the MCOL POC box has limited characters to it is difficult to particularise with such a short character limit - you could point that out to the builder but equally, there is a box you can tick to provide detailed particulars which you should have used.

If you want to provide more details, you could serve a Reply to Defence which responds to any new points raised by the defence but you abosolutely cannot introduce new allegations in the Reply.

2. Assuming you followed the pre-action protocols and supplied the builder with the necessary allegations, you can say the builder is fully aware of the issues and has enough information from the pre-action process to understand the case against him. Therefore should the builder wish to amend his defence, he does so at his own cost.

3. Not sure motive is an issue here. You asserted your rights in your own home for the builder to stop filiming you and/or the house, but he ignored you. However, I think it's reasonable for him to say that he needed to film the damage to have evidence of the problem that you've complained about but if he was filming for other purposes then that's not reasonable - I think motive is irrelevant if you had asked him to stop filming but I presume you will have a reason why you asked him to stop filming.

[jessiesom]

Regarding your 3 points:

1. You should have given sufficient details to enable them to unerstand the case against the builder. So when you say that they were in breach of the CRA 2015, you should have specified (as they suggest) why the builder was in breach and what work wasn't carried out with reasonable skill and care. Of course the MCOL POC box has limited characters to it is difficult to particularise with such a short character limit - you could point that out to the builder but equally, there is a box you can tick to provide detailed particulars which you should have used.

If you want to provide more details, you could serve a Reply to Defence which responds to any new points raised by the defence but you abosolutely cannot introduce new allegations in the Reply.

2. Assuming you followed the pre-action protocols and supplied the builder with the necessary allegations, you can say the builder is fully aware of the issues and has enough information from the pre-action process to understand the case against him. Therefore should the builder wish to amend his defence, he does so at his own cost.

3. Not sure motive is an issue here. You asserted your rights in your own home for the builder to stop filiming you and/or the house, but he ignored you. However, I think it's reasonable for him to say that he needed to film the damage to have evidence of the problem that you've complained about but if he was filming for other purposes then that's not reasonable - I think motive is irrelevant if you had asked him to stop filming but I presume you will have a reason why you asked him to stop filming.

Thank you Rob, that's very helpful and assuages my anxiety somewhat!
With regard to point 3, he hadn't told me he was filming and I simply noticed that he had a camera hidden in his hand and was doing so. This was whilst we were talking and prior to us looking at the damage. I challenged him about why he had been filming without asking my permission and he said that I had given him permission, when I had categorically not. He refused to show me the footage which would of course have proved that such permission had not been granted by me. I would have had no issue with him filming the damage, however he did not ask to do this and his recording our conversation without telling me was both unsettling and a fundamental breach of my right to privacy within my residence, hence I asked him to stop. At no point did he ask to record footage of the damage.

[jessiesom]

With your advice, I'm in the process of preparing the Reply to the Defence and Defence to the Counterclaim.
My question now is do I need to respond to the part of the builder's defence I have transcribed below and if I do need to how would you suggest I go about doing this? I thought that the Court would order disclosure of these documents in its directions prior to the case being heard. I have no issue with such disclosure, however I don't want to be tripped up.

'For the avoidance of doubt the Defendant requires the Claimant to disclose to the Defendant all documents upon which the claim is based. In the event the Claimant fails to disclose all the documents, then the Defendant reserves the right to apply for whatever orders it deems fit including a order striking the Claim out and the Claimant to pay the Defendant's associated costs.'

Thanks again all.

[jaguarsuk]

With your advice, I'm in the process of preparing the Reply to the Defence and Defence to the Counterclaim.
My question now is do I need to respond to the part of the builder's defence I have transcribed below and if I do need to how would you suggest I go about doing this? I thought that the Court would order disclosure of these documents in its directions prior to the case being heard. I have no issue with such disclosure, however I don't want to be tripped up.

'For the avoidance of doubt the Defendant requires the Claimant to disclose to the Defendant all documents upon which the claim is based. In the event the Claimant fails to disclose all the documents, then the Defendant reserves the right to apply for whatever orders it deems fit including a order striking the Claim out and the Claimant to pay the Defendant's associated costs.'

Thanks again all.

Okay, you title it "Reply to Defence and Counter Claim."

I would respond:

The Defendant had opportunity under CPR 31 to make a request for copies of documentation mentioned in the Claimants statement of case prior to filing his Defence and chose not to. The Claimant is not obligated to disclose documentation to the Defendant at this time and will disclose when the court gives direction at the proper time. It is the Defendants prerogative to make any application he wishes and the Claimant will defend any such action vigorously.

[2222]

Okay, you title it "Reply to Defence and Counter Claim."

I would respond:

The Defendant had opportunity under CPR 31 to make a request for copies of documentation mentioned in the Claimants statement of case prior to filing his Defence and chose not to. The Claimant is not obligated to disclose documentation to the Defendant at this time and will disclose when the court gives direction at the proper time. It is the Defendants prerogative to make any application he wishes and the Claimant will defend any such action vigorously.

Why not mention Arkel v Pressdram whilst you are at it?

[jessiesom]

Okay, you title it "Reply to Defence and Counter Claim."

I would respond:

The Defendant had opportunity under CPR 31 to make a request for copies of documentation mentioned in the Claimants statement of case prior to filing his Defence and chose not to. The Claimant is not obligated to disclose documentation to the Defendant at this time and will disclose when the court gives direction at the proper time. It is the Defendants prerogative to make any application he wishes and the Claimant will defend any such action vigorously.

Thanks JaguarsUK. I didn't mention any documents in my particulars of claim, although I will refer to documents in my claim. Would this change your suggested response?

[jessiesom]

Why not mention Arkel v Pressdram whilst you are at it?

That would be nice, having just read it! Good old PE.