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

[jaguarsuk]

Agree that sadly his condition should not influence anything. I hope it doesnt.

Phoned court, confirm a new Cause of Action was submitted 9th. They won't send it to me.

Advised to email one last time, if no joy, I have been given a court email so at least the judge should know before the hearing.

If this happens, should I make sure they see a copy of the previous response, or not?

Off to work now until 2130, I did try and change my shift

***

Below email already sent so too late if it's not 100% right

Dear Mr Claimant,


I have again contacted the Court who assure me that a new document relating to a revised Cause of Action was submitted or received on or around the 9th August.

I can again confirm I have not recieved a copy either by post, nor by email.

Please can you forward the documents as submitted to the court on the 9th August, as requested to file and serve in the Order of 22nd July 2019.

Yours Sincerely,

Mr. Defendant

I would email the court with a copy of the emails relating to this ideally before 4pm and if possible ring them to highlight you have sent it, asking them to put it in the case file to ensure the judge is aware.

There's nothing more you can do now other than attend tomorrow and see what he has filed, hopefully it'll be a load of rubbish, so won't matter anyway. Remember though if it looks like it might have some weight to it, request an adjournment due to failure to serve it and leave to amend your defence at the cost of the claimant should you require it.

[swiss_toni]

Hopefully as you say it's junk but yes you never know. It will probably be tricky to phone today but I will try and email for sure. Thanks for all your help to date.

[jaguarsuk]

Hopefully as you say it's junk but yes you never know. It will probably be tricky to phone today but I will try and email for sure. Thanks for all your help to date.

It's all over bar the shouting now, good luck and let us know what happens tomorrow.

[GBExile]

I like the fact he spends 90% of the letter/email moaning about his health when he could of quite quickly note what the electricians did to stop his house bursting in to flames and answer the questions asked.

He isn't going to do himself any favours if he repeats that behaviour in court.

Anyway best of luck tomorrow at least you have now covered yourself on the latest issue.

[Amethyst]

Best wishes for tomorrow xx

[swiss_toni]

Thanks all. I managed to email the court just before 4pm so hopefully will be known tomorrow, I copied him in but no response. Be interesting if it's a no show! Cheers again

[Aukey]

All the best for tomorrow.

[swiss_toni]

So got this at 8pm. Well, 10.30pm which is when I got home. I assume he has copied to the court. More bluster.

***

Dear sir/madam

I apologise for the confusion, I have been unwell these past few weeks. I was undergoing scans yesterday and today I have been undergoing further tests due to my Terminal Cancer. This can be proven to the court if required. I respectfully repeat that I have not submitted any additional evidence. What I have done was reply to the court request for a "Cause of Action"

I was under the impression that as this was requested by the court and as on previous occasions, you would have automatically provided Mr Defendant with copies.

Had I been aware on this occasion that Mr Defendant had not received copies I would of course have arranged for him to receive the Cause of Action which he is already aware of. I can confirm that I have only received emails over this past weekend which I responded to immediately. With with reference to the letter, mentioned by Mr Defendant, I was undergoing scans at the hospital but my wife contacted me whilst I was there, due to the nature and content of the. letter and I responded by email immediately. Again this can be proven in court.

Unfortunately I am unable to send electronic copies however I have taken photographs of the document and have attached them to this email, which I have copied to Mr Defendant.
Yours Faithfully
M Claimant

***

He has att. 2 terrible photos of an entirely 'new' (though in truth, more sort of rearranged from previously) looking particulars but still no clear CoA. No actual legal argument. Why hasn't the judge therefore passed strikeout in my favour way back on the 9th is my only concern? The wording seems almost identical, except an odd bit about me sending him a 'barage of letters threatening legal action', and an even odder bit where, more hearsay, he states 'the electrician also stated he was unsure why a report would even be made out for an installation as there was no legal requirement to do so'. I do not have time or will to go through it, save to say it looks like the same load of old hogwash. He's basically submitted the exact same nonsense with 'BASIS FOR CLAIM' tacked on top.

I imagine the best thing to say in court is that regardless of the Claimants excuses, I was not served until late last night, did not have time to properly assess the document wrt any changes required for my defence, and that on that basis should the service almost be considered as if it never happened?

toss.png

[jaguarsuk]

I always like to come on here early for cases on the day of a hearing, I’m never disappointed by the last minute developments needing going over.

That pleading confirms what we have suspected all along, he hasn’t got a clue what he is doing and when asked for something very specific that has been exposed further.

What he has submitted is almost a carbon copy of the original “Particulars of Claim” and offers no new information, but most importantly offer no Cause of Action or even an attempt at offering one.

I note he’s trying the emotional blackmail bit with the court in his email, it won’t wash and no amount of evidence of illness will matter to the court. He’s not complied with the order and that’s all that matters, if he’s not capable through ability or illness then that’s what solicitors are for, he’ll get no concessions from the court for his lack of ability or illness.

The file will not have gone before a judge before today, the only reason it would have is if he’d served you with that on 9th and you’d written to the court to say it wasn’t enough then request dismissal/strike out. So don’t worry about that.

Your best course of action in court is to state to the court that you received the Claimants pleading in response to the order of XX/XX/2019 at 8pm last night and contrary to the order of the court it does not establish any Cause of Action for the claimant to bring the claim. Respectfully request that the claim be dismissed as such and that wasted costs in the cost schedule submitted to the court are ordered to be paid by the claimant to the defendant pursuant to CPR 27.14 due to the unreasonable conduct of the claimant on the claim.

Good luck today, I don’t think you need it and if things go as they should you’ll be in then out fairly quickly.

No doubt he’ll have plenty to say after the hearing, walk out without saying anything and post on here what the result has been, don’t lower yourself to it.

[swiss_toni]

Is it worth asking for additional costs - I've spent about 6 hours the last 2 days - or is that pushing it?

I can see the court from my porch window so don't worry I'll just be blanking him & walking home immediately after the hearing for a nice cup of tea

Then I'll let you know how it went...

[Amethyst]

Sounds to me like he's been done by the electrician he engaged to put in his hob and sockets and ended up paying for an unnecessary rewire. A copy of the full report from his electrician should be required by the court as evidence that these faults actually existed as alleged ( just if the judge seems like he's going to let it go forward )

Costs you'll just have to judge the mood when you're in there - if the judge sounds like he's going to strike and find the claimant acted unreasonably it doesn't hurt to mention the 6 hrs over last couple days to be added to your Costs schedule - then he'll reduce to whatever he sees as reasonable ( which might well be nothing but still worth asking )

[swiss_toni]

To be honest I think it is somewhere inbetween - he did send me a picture of a slightly burned cable entry to an MCB (actually, 20 undated and unannotated pictures of the same one from 20 different angles) which because the board is obsolete (it is not a standard size like modern ones, or most other makes from the mid 80s onwards to be honest) you cannot just replace one module, you have to replace them all, and then, because it is a double fuseboard that will cost a bit. But as you say, how convenient that there is not a word from the electrician in the evidence other than hearsay - even the 3 emails from the electrician to claimant submitted as 'evidence' are completely devoid of anything useful or measured, just a load of 'what colour sockets do you want?', 'see you tomorrow' and 'we will be changing the consumer unit', no report, no figures, no attempt at even pointing a finger at me or anyone else for that matter. Overheating can be for many causes, and there is not a lot a report 12 years ago can do to prevent it in the future.

Not to mention he is openly attempting to pass on about £1000 of invoices that appear wholey related to the new kitchen!

[2222]

I'll wish you luck, too. It's a great shame that this has got to a hearing. Hopefully, the judge will shut it down now.

[swiss_toni]

Right that's it I'm off (the court is only over the road...)

[Amethyst]

Good luck xxx