Wrongly named on County Court Summons

[sapnker]

Hi everybody. This is my first time here. My parents decided to have central heating installed and they went away for a few days and left me in charge to oversee everything, being there for the firm, moving furniture etc. Without detailing everything the installation was a complete nightmare which resulted in The Gas Safe Register serving a defects notice on the company which they complied with. Current situation is, my parents refused to pay unless the company reinstalled the boiler flu lead slate on the roof as it is a complete mess. So the company issued a county court summons but included my name on the summons even though it is not my house and I have never entered in to any contractual agreement with the company or signed any contract with them. To be honest I have been a complete pain in the company's side as like any son if you know that the work is wrong and illegal you will advise your parents of such. So I have no doubt that my name being included is the firms way of getting back at me. I contacted their solicitor and demanded my name be removed but received no reply from the solicitor. So, I believe that I can ask for a statement of judgment/striking out on form N244? Can someone on this forum advise me of the correct wording , the form that I use, what county court rule to use, etc. I have read about vexatious and ill founded. Should I claim damages from the firm for abuse of court process?
Much obliged.
Paul

[sapnker]

Wrongly named on County Court Summons

Hi everybody. This is my first time here. My parents decided to have central heating installed and they went away for a few days and left me in charge to oversee everything, being there for the firm, moving furniture etc. Without detailing everything the installation was a complete nightmare which resulted in The Gas Safe Register serving a defects notice on the company which they complied with. Current situation is, my parents refused to pay unless the company reinstalled the boiler flu lead slate on the roof as it is a complete mess. So the company issued a county court summons but included my name on the summons even though it is not my house and I have never entered in to any contractual agreement with the company or signed any contract with them. To be honest I have been a complete pain in the company's side as like any son if you know that the work is wrong and illegal you will advise your parents of such. So I have no doubt that my name being included is the firms way of getting back at me. I contacted their solicitor and demanded my name be removed but received no reply from the solicitor. So, I believe that I can ask for a statement of judgment/striking out on form N244? Can someone on this forum advise me of the correct wording , the form that I use, what county court rule to use, etc. I have read about vexatious and ill founded. Should I claim damages from the firm for abuse of court process?
Much obliged.
Paul

[CLL1]

Re: Wrongly named on County Court Summons

Don't use an N244, it's an upfront fee of £255.00 and would, in my opinion, not be any better than using a simple defence. File a defence to the claim stating you are not contractually liable, and putting the Claimant to proof of same.

I'd also suggest your parents defend in full. Has the heating now been remedied?

[Amethyst]

Re: Wrongly named on County Court Summons

When you say included on the claim, have they put you as a second defendant, included your name alongside your parents, or filed the claim against just you?

my parents refused to pay unless the company reinstalled the boiler flu lead slate on the roof as it is a complete mess

In the contract between your parents and the installation firm is there anything about making good if the work causes damage to the roof ( or anything else) I think you're saying the final issue is some lead slating on the roof is damaged around where the boiler flu has been installed ?

[sapnker]

Re: Wrongly named on County Court Summons

When you say included on the claim, have they put you as a second defendant, included your name alongside your parents, or filed the claim against just you?



In the contract between your parents and the installation firm is there anything about making good if the work causes damage to the roof ( or anything else) I think you're saying the final issue is some lead slating on the roof is damaged around where the boiler flu has been installed ?

I have been included as a second defendant and there is nothing in the contract about making good any damage and I have include two pictures of the roof. You can work out which one is their work! The good flue picture is next door!

[sapnker]

Re: Wrongly named on County Court Summons

Don't use an N244, it's an upfront fee of £255.00 and would, in my opinion, not be any better than using a simple defence. File a defence to the claim stating you are not contractually liable, and putting the Claimant to proof of same.

I'd also suggest your parents defend in full. Has the heating now been remedied?

Thanks for the advice.
Can I ask why you suggest my parents should defend in full?
The only issue left is the roof flue lead flashing.
I Have attached 2 pictures. One is their work and one is next door!
You can work it out which is their work.

[ostell]

Re: Wrongly named on County Court Summons

Is that the correct fitting on the top?

[sapnker]

Re: Wrongly named on County Court Summons

Is that the correct fitting on the top?

Parents house is the one where you can see cut tiles. the correct way (next door) is lead slate tucked underneath the tiles at the back and over the tiles at the front.
In fact, if you look closer, on my parents house they have tucked the lead slate under the tiles on the left side, but over the tiles on the right side. The problem is the flue lead slate is sat to low in the roof.
I am going abroad for 8 weeks staring this Sunday 18/09/2016.
At what point do I inform the court of my pre booked holiday dates.
I have acknowledged the summons and asked for 14 days more to prepare my defence but I have not yet filed my defence.

[des8]

Re: Wrongly named on County Court Summons

Regarding the flu flashing, have you had a report from another builder about it?
The reason I ask , is that although it doesn't look pretty it may be perfectly watertight.
As long as it is under the uppermost row of tiles, and then directs water over the lower rows and not indoors it should be all right
I would expect the flashing to be under the row of tiles above the flu, and then above the next row as per photo,


I think I might be more concerned with the roof as a whole. It looks in need of some TLC.
It could be that there are broken slates in the area of the flu which led the contractors to installing in that manner
PS I'm not a roofer, nor looking for work! nor defending them.
Just warning you must be sure it is not installed properly.

[CLL1]

Re: Wrongly named on County Court Summons

My position would be that the contract is an entire contract, such that if the entire contract is not performed, the claimant is not entitle to be paid at all (as opposed to a proportionate amount).

See, for instance, Bolton v Mahadeva [1972] which, incidentally, involved the installation of a central heating system.

[des8]

Re: Wrongly named on County Court Summons

You might also like to consider the Consumer Rights Act 2015 Sec 54 Consumer’s rights to enforce terms about services

[sapnker]

Re: Wrongly named on County Court Summons

Hi, finally the roof/boiler flue reinstatement is finished. Photo attached. Cost was £400 for the roofers, £110 for the new 2 meter flue, £40 for the council to come out and get rid of the wasps nest, The wasps were entering the roof via the crappy roof flue install. And £50 for a Gas Safe Register engineer to issue a Gas safe certificate.
So now, my mother needs to file her defence.
She wants to counter claim £600 for actual costs as detailed above as well as £1000 for breach of contract (the firm refused to do any more work and issued court proceedings) which includes compensation for all the aggravation and the fact that I have had to work several hours reinstalling the flue as well as countless hours moving furniture and dealing with the firm by email etc.
Also, we want to transfer the claim to our local county court.
I go away on my holiday on Sunday 18/09/2016 for 2 months so I need to make the court aware of this as well but I am not sure when I inform the court of this.
So a detailed blow by blow account of how my mother files her defence and counter claim compensation/damages for breach of contract and to transfer the claim to our local county court and how and when to inform the court of my holiday dates would be greatly appreciated.
In respect of myself being wrongly named on the county court summons I have been advised on this forum that my defence is that I have no contract with the central heating firm and basically ask them to prove it!
What I am looking for is all the bits spelt out for me and I fill in the details etc.
Regards
Paul.

[sapnker]

Re: Wrongly named on County Court Summons

Hi, finally the roof/boiler flue reinstatement is finished. Photo attached. Cost was £400 for the roofers, £110 for the new 2 meter flue, £40 for the council to come out and get rid of the wasps nest, The wasps were entering the roof via the crappy roof flue install. And £50 for a Gas Safe Register engineer to issue a Gas safe certificate.
So now, my mother needs to file her defence.
She wants to counter claim £600 for actual costs as detailed above as well as £1000 for breach of contract (the firm refused to do any more work and issued court proceedings) which includes compensation for all the aggravation and the fact that I have had to work several hours reinstalling the flue as well as countless hours moving furniture and dealing with the firm by email etc.
Also, we want to transfer the claim to our local county court.
I go away on my holiday on Sunday 18/09/2016 for 2 months so I need to make the court aware of this as well but I am not sure when I inform the court of this.
So a detailed blow by blow account of how my mother files her defence and counter claim compensation/damages for breach of contract and to transfer the claim to our local county court and how and when to inform the court of my holiday dates would be greatly appreciated.
In respect of myself being wrongly named on the county court summons I have been advised on this forum that my defence is that I have no contract with the central heating firm and basically ask them to prove it!
What I am looking for is all the bits spelt out for me and I fill in the details etc.
Regards
Paul.

[wales01man]

Re: Wrongly named on County Court Summons

The defendant has choice of Court not the claimant

[sapnker]

Re: Wrongly named on County Court Summons

If say you counterclaim for £1000 and the counterclaim fee is £105, is the total counterclaim you claim for £1105?
Cheers