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Pre-action protocols
Hi we have CMC tomorrow. We are the defendants and have a counterclaim. I've been reading up on pre-action protocols and feel that the claimant (represented by a solicitor) didn't follow pre-action protocols namely they didn't try to resolve the matter before court action, they didn't suggest ADR, they ignored our previous letter saying why we weren't paying the outstanding amount which included, the job not being finished, the price being 40% more than we agreed and one of their employees stealing from us (they were arrested for burglary and were sent to prison, they had previously been convicted of burglary, theft etc). We suggested ADR over eight months ago in writing which they refused. They have said in their allocation questionairre that they didn't follow pre-action protocols. Should we raise this tomorrow? We are representing ourselves.
Hi we have CMC tomorrow. We are the defendants and have a counterclaim. I've been reading up on pre-action protocols and feel that the claimant (represented by a solicitor) didn't follow pre-action protocols namely they didn't try to resolve the matter before court action, they didn't suggest ADR, they ignored our previous letter saying why we weren't paying the outstanding amount which included, the job not being finished, the price being 40% more than we agreed and one of their employees stealing from us (they were arrested for burglary and were sent to prison, they had previously been convicted of burglary, theft etc). We suggested ADR over eight months ago in writing which they refused. They have said in their allocation questionairre that they didn't follow pre-action protocols. Should we raise this tomorrow? We are representing ourselves.
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