Against the odds we won but forgot to claim compansation

[Freepost]

As mentioned in the title, we attended court last week and represented ourselves. The experience was immensely nerve wracking, we most certainly did not expect to win. We had sought legal advice and been told to sue for peace but try not to accept their costs. This we did a few weeks ago, a drop hands offer but it was not accepted, the other side wanted blood, as much as they could get and their legal costs were very high and it was truly a shock when we won.

We did recover our costs, almost, but for compensation we thought the court would decide but they didn’t, for which the judge recommended we seek legal advice ……………….. can anybody help in this regard, can we claim compensation after the court case? I am rather loathed to go back to the legal firm that told us to sue for peace!

[2222]

Did you file a counterclaim? If not, you may have a claim you can make now. You may not be so lucky next time round, though. It's a bit hardr to say without an awful lot more details.

[Freepost]

Thanks 2222,

The case was brought by ourselves against a double glazing company who supplied windows and doors, Mar’17, to the 1^st of two self-build properties that my Sister and I are building, with the windows for the 2^nd house being installed when required. A little over 6 months after the first windows were installed we noticed that a number of them were leaking into the property. The DG company replaced all the windows 4 months later, but the replacements also leaked, and although the DG company made several attempt to stop the leaking, I lost confidence in their abilities and cancelled the windows for the second house and requested my deposit back, April’18. We then spent 8 months arguing about the cancellation and they kept trying to correct the leaking without success and eventually they stopped speaking to us. Since they had not return my deposit I applied for a Civil Money Claim through the Small Claims Court, Jan’19.

The DG Company countered with a counter claim for a repudiatory breach and their cost escalated at a phenomenal rate, we couldn’t put the brakes on or stop it. We attempted to get the case returned to the Small claims court in July without success costing us £2500. We attempted mediation several times but they weren’t interested. In the 30 months since installing the 1st windows our savings have been almost wiped out.

Against the odds, we won our case and the counter claim was dismissed. Although the court has awarded us our costs in defending the counter claim we were refused the cost of the legal advice that we had sought and also technical advice that we had paid for, together approx. £900.00.

So, as you can see we are down approx. £3400.00 and I haven’t been able to progress the build on the second house since Jan’18. We had assummed, when we realized that we were going to win, that the court would award us some compansation, I mean, besides all the upset, we have lost 20+ months on the second house!

If you can provide any advice that would be great.

Thank you
F.

[2222]

I think that is it. You brought your case, and it’s been tried. You can’t retry the same case. Any question of compensation should have been raised with the case when you issued proceedings. I’m afraid that it’s quite common to be out of pocket, even when you win.

I take it the court order is quite explicit as to your award for costs?

[Freepost]

Hi,

Just an update, yesterday it was the 26 Nov'19 and we should have received payment of our deposit and costs but it hasn't happened!

Having not received any money, I decided for some reason, yesterday evening, to check the status of the double glazing company with Company Check Ltd and surprise surprise, they've gone into administration!

In light of the above, I contacted the administrator this morning to find that we are not even on the list of creditors ................... Is there anything I can do now???

Apparently the Double Glazing company has been bought for a song, £25K, by the directors Dad, so the new company will be the same Cowboys just operating out of a different ranch! How the heck can companies get away with this?
Â*