**won** Hello, and woe! - Court Claim for 'dangerous' DIY...

[2222]

You should formally withdraw earlier offers to settle unless they were rejected in writing.

[jaguarsuk]

Unless you gave a deadline for response in the offers in which case they have expired by virtue of passing the deadline.

[swiss_toni]

I made two offers, one right at the start when he stalled supplying evidence and again about 2 weeks later; on both occasions I said it was a limited offer (7 days), the second time I said it was a limited offer which would not be repeated and that in any case once I had filed defence the offer was withdrawn; but despite all of that he replied specifically the 2nd time, and stated he would like to 'continue with the claim for now', giving me 'another chance to discuss and contribute towards the works and avoid the legal action'. You've got to laugh.

However, for the sake of a stamp, is it worth just following this up so our positions are clear? Perhaps with the latest draft schedule of costs?

[2222]

If they have expired, that's fine. Should have said that, I guess.

It's all very good getting awarded expenses, but it is going to cause a lot of upset for the claimant, particularly if you leave it until the last minute to inform him. He's no doubt annoying but you don't hate him.

Personally, I'd let him know what your costs to date are, and invite him to settle on half That basis. It's quite hard to persuade judges to award Costs to litigants in person, so you never certain of getting what you claim. Particularly of course in small claims track.

[swiss_toni]

Yes, I understand it's hard to get costs - but I have previously sent him a draft copy which will only be about £185 or so less than the current total, as the loss of earnings for hearing is pretty much the only substantial addition since give or take the odd £19 p/h. That was what I was hoping would make him see sense into discontinuing. It should not be a total shock to him. And frankly he should have known what he was getting into, before arrogantly phoning me up out of the blue, screaming down the phone at me, and demanding I go round his house and doing unpaid work - I have zero sympathy there.

I do think that this claim is pretty outrageous though - a claimant I don't know, have no contract with, concerning a house I didn't own, claims made regarding work I didn't actually do, 12 years ago. I am hoping the court will recognise this, but I've read some horror stories as well, so keeping my expectations low.

(I think the worst was the person who claimed for the faulty hob that never worked at all, clearly sold as 'reconditioned' under a false description, when the judge wouldn't award the full refund, some £500, as they had some odd idea that a totally broken, already rescued from the skip hob had a 'scrap value' of several hundred pounds, when in reality you'd have to pay someone to take it away!)

I almost feel that all the effort put in to date, esp. re. the time off for the hearing, I might as well just see what he comes up with. Everything to date suggests he wants to carry on until the bitter end too. I think what I am saying is, no, I don't 'hate' him, that would be odd, but I don't feel as if I owe him any favours and there is little point being pragmatic when you are dealing with someone who, to date, has been unwaveringly stubborn even in the face of ever increasing evidence they are on a loser. I just feel as if I would be wasting my time even making the offer?

[2222]

I've been in court around twenty times, usually as a witness, and I find it unpleasant. More than unpleasant, it makes me anxious. It may help if you're extremely quick at thinking on your feet, which I am not. I'm also aware that it's hard to predict the outcome.

[jaguarsuk]

Firstly you’re not leaving it to the last minute, you’re acting within the Civil Procedure Rules which dictate thats’s when costs are to be served.

Secondly its it’s not about hate, it’s about the fact some stranger has decided to enter your life and turn it upside down.

That he he should walk away from this having lost his claim with no consequences is ludicrous.

Finally you made him offers to discontinue and be able to walk away for nothing, he chose not to, he may regret it and that might teach him a lesson.

Costs awards are not as uncommon as people would believe, as I said previously expect witness expenses (your day off), postage and court fees as costs then anything else is a bonus.

[swiss_toni]

Well, he's been very quiet, but then again we all know he doesn't really have anything to say. Back in 7 days...

[jaguarsuk]

Well, he's been very quiet, but then again we all know he doesn't really have anything to say. Back in 7 days...

It's not a bad thing, I'd imagine he will be doing one of two things, sticking his head in the sand hoping to be able to talk the judge around on the day or seeking consultation with a solicitor(s) who will be telling him he has no grounds to claim. Sometimes when people get in a bind they'll use a Solicitor free consultation, but if they don't like what they hear get 2nd, 3rd etc. opinions thinking eventually they will hear what they want to hear.

You have given him his free way out, if he chooses not to use it then he has nobody to blame other than himself for any consequences that arise from ignoring the court order.

[swiss_toni]

Just back from a very nice holiday. Nothing in the post from Claimant.

But have just phoned the court to be told that a revised Cause of Action was delivered to the court on... the 9th August, the day I went away.

Courthouse phone guy advised me that I do have thr right to request it from the Claimant, but also accepted it should have been served on me (by the Claimant).

I asked if the hearing would still go ahead on Wednesday - I assumed it would - and he stated it would.

What will really grind my gears is if I am now in a situation whereby we will end up with yet another unpaid day off in the future once it comes out on Wednesday that I wasn't served the notice (even if he ends up paying for all of them plus the cost of a revised defence) as it's turning into a farce now.

Should I - even though it won't arrive on time - now immediately write 1st class to the Defendant and or Court making it clear I was not served the new improved Cause of Action?

[GBExile]

Request it 1st class recorded (or email them if you have their email) for it to be sent to you via email at least you will then be able to show the Judge you havent received it. If you do not do it the Judge will only have your word you haven't received it.

[Amethyst]

Do the court mean he has made an application to amend his particulars of claim ? Yes you should have received a copy of the application and proposed revisions. You should also be served with the amended particulars in order to submit an amended defence. Presumably the court will hear the application to amend at the hearing. Make clear you haven't seen a copy and we're not served with the application and that you want your costs ( coincidently see https://legalbeagles.info/forums/for...m-small-claims )

I don't like this new court system - they seem to make it up as they go along and ignore the CPRs.

[swiss_toni]

GBExile Thanks for the advice, I suppose the only thing that seems a little one sided is that as ever I'm doing the running around after the Claimants mistakes though - seems a little biased he will be automatically believed for sending it to me (I don't even know if he has even *claimed* to have sent it to me, or sent the forms to the court claiming he has, it's 95% likely he does not understand that he actually needs to).

A running theme given the earlier harassment angle is that I have made it plain to the Claimant he is not to have my email address.

Amethyst No it's not a new PoC; the Judge just specifically recognised (I assume) he had no clear Cause of Action and asked for that alone to be filed and served 3 days before the hearing on Wednesday. Copies of the letters above somewhere

[GBExile]

You are predicting the actions of the Judge & the claimant.

That is a very dangerous game to play. Fire off a letter recorded in the morning (or send an email) asking for the documents you require that were not served. It costs about £1.50 for 1st class 24hr signed for..

You need to convince the Judge you are telling the truth 100% about everything and have made every effort. The claimant would then have to explain as to why they didn't respond to your request in court. AND the more time the claimant has to explain themselves the better it is for you.

As it stands the claimant can just say they did send docs (maybe), you say they didnt (maybe).

[Amethyst]

Ahhh ... forgot about that

But yes it was an order to file and serve so you should have had a copy xx