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I think we have both been confused by the way OP has presented the events. This is what I think happened:
A builder made a claim against OP and another defendant for unpaid work
OP was very unhappy with the standard of work but I don't think made a counterclaim
OP filed a defence and a hearing date was set for 31.7.2024
A day or two before the hearing an agreement was reached and OP made a payment to the claimant. The claimant's solicitor drafted a consent order (signed by OP) asking for the hearing to be vacated as defendant OP had paid. The judge did not accept the consent order and continued with the hearing, possibly because there had been no mention of the second defendant
OP was unwell (OP did not inform the court) and did not attend the hearing. A friend attended and the judge let this person sign a TO after the friend phoned OP. OP did not realise there was a term in the schedule preventing parties making further claims concerning the subject matter.
OP now wants to make a claim against the builder for £10k but is upset as he is contractually prevented from doing so
OP contacted claimant's solicitor to complain, asking for an application to be made to remove their name from the claim. OP believed if the application was approved their name would be removed from the TO at the same time and they would be entitled to make a court claim
The solicitor made this application, after OP paid the court fee. The court agreed, issued a court order but failed to understand what effect it would have on the schedule in the TO. The TO still stands
OP does not have a contract with the claimant's solicitor so little point in referring their complaint to the ombudsman
A builder made a claim against OP and another defendant for unpaid work
OP was very unhappy with the standard of work but I don't think made a counterclaim
OP filed a defence and a hearing date was set for 31.7.2024
A day or two before the hearing an agreement was reached and OP made a payment to the claimant. The claimant's solicitor drafted a consent order (signed by OP) asking for the hearing to be vacated as defendant OP had paid. The judge did not accept the consent order and continued with the hearing, possibly because there had been no mention of the second defendant
OP was unwell (OP did not inform the court) and did not attend the hearing. A friend attended and the judge let this person sign a TO after the friend phoned OP. OP did not realise there was a term in the schedule preventing parties making further claims concerning the subject matter.
OP now wants to make a claim against the builder for £10k but is upset as he is contractually prevented from doing so
OP contacted claimant's solicitor to complain, asking for an application to be made to remove their name from the claim. OP believed if the application was approved their name would be removed from the TO at the same time and they would be entitled to make a court claim
The solicitor made this application, after OP paid the court fee. The court agreed, issued a court order but failed to understand what effect it would have on the schedule in the TO. The TO still stands
OP does not have a contract with the claimant's solicitor so little point in referring their complaint to the ombudsman
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