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Hi,
I started a small claim for £9925 plus the cost of filing the claim but am confused as it appears to have been allocated to the fast track rather than small claims. On the basis of keeping costs down have been doing it all myself to date but am now worried that fast track costs will spiral and that I need to appoint a solicitor to progress the claim.
Initially the defendant (up until May) was dealing with it himself but has now appointed a solicitor.
In summary we had a house surveyed, which we purchased after the surveyor gave it a largely clean bill of health. However in the months after moving in realised the surveyor missed loads of damp and got a few different companies in to investigate.
When they was inspected along side other things it became apparent that the barn walls had been incorrectly pointed in Portland Cement and not lime (its an old sandstone barn built in circa 1860). We learned this was damaging the building and causing damp (as well as damage to the stonework). We have had sought lots of independent advice and all confirmed that regardless of any damp (we are not claiming for this) this material is not appropriate for type of building and should be removed. The surveyor advised us in his report its was 'made of traditional materials and techniques' and did not raise any concerns or the need for further inspection
We got a building exert and another independent surveyor out to do a report who was horrified that we had been advised it was traditionally converted and gave us a written report to confirm it is not traditional and the materials used are not appropriate and should be removed and replaced to avoid further damage. We also gathered various references from RICS themselves, English heritage etc to confirm Portland cement should not be used to point a sandstone barn.
We then got various quotes and the cheapest was £9925 so we raised a small claim for this back in March 2017 (we initially complained to the surveyor in Sept 2016 but he rejected the complaint). We filed the claim basis he was negligent as based on RICS guidance notes (it was a RICS survey) he should have identified that an incorrect material had been used and been aware of what should have been used on a building of this type and age.
The defendant has defended the claim but provided no real substance to their defense other than they disagree they were negligent and should have spotted that incorrect materials had been used.
We then got a letter in May to say it was suitable for the small claims track. We signed up for small claims mediation but the defendant never accepted the appointment. We then got a letter a few weeks ago (been away on holiday) to say that it had been transferred.
All was going well until the "General Form or Judgement order" came recently to say a hearing has been allocated for the 18th August.
IT IS ORDERED THAT
1 List for an allocation hearing;
(i) notwithstanding the value of the claim, professional negligence is alleged.
(ii) expert evidence may be nessecary.
(iii) allocation to the fast track should be considered
Time estimated for hearing, 1 hour
I plan to go to citizens advice on Monday week but would welcome any advice or guidance as am confused. I was comfy with independent reports to defend the claim myself via small claims.
However not sure what to do now and dont want to start running up legal bills if I can avoid it.
Is the above an actual hearing or for the judge to confirm if its suitable for the small claims track or not?
Is there anything I should do to prepared for this hearing as there and no other directions beyond the above?
Thanks in advance.
I started a small claim for £9925 plus the cost of filing the claim but am confused as it appears to have been allocated to the fast track rather than small claims. On the basis of keeping costs down have been doing it all myself to date but am now worried that fast track costs will spiral and that I need to appoint a solicitor to progress the claim.
Initially the defendant (up until May) was dealing with it himself but has now appointed a solicitor.
In summary we had a house surveyed, which we purchased after the surveyor gave it a largely clean bill of health. However in the months after moving in realised the surveyor missed loads of damp and got a few different companies in to investigate.
When they was inspected along side other things it became apparent that the barn walls had been incorrectly pointed in Portland Cement and not lime (its an old sandstone barn built in circa 1860). We learned this was damaging the building and causing damp (as well as damage to the stonework). We have had sought lots of independent advice and all confirmed that regardless of any damp (we are not claiming for this) this material is not appropriate for type of building and should be removed. The surveyor advised us in his report its was 'made of traditional materials and techniques' and did not raise any concerns or the need for further inspection
We got a building exert and another independent surveyor out to do a report who was horrified that we had been advised it was traditionally converted and gave us a written report to confirm it is not traditional and the materials used are not appropriate and should be removed and replaced to avoid further damage. We also gathered various references from RICS themselves, English heritage etc to confirm Portland cement should not be used to point a sandstone barn.
We then got various quotes and the cheapest was £9925 so we raised a small claim for this back in March 2017 (we initially complained to the surveyor in Sept 2016 but he rejected the complaint). We filed the claim basis he was negligent as based on RICS guidance notes (it was a RICS survey) he should have identified that an incorrect material had been used and been aware of what should have been used on a building of this type and age.
The defendant has defended the claim but provided no real substance to their defense other than they disagree they were negligent and should have spotted that incorrect materials had been used.
We then got a letter in May to say it was suitable for the small claims track. We signed up for small claims mediation but the defendant never accepted the appointment. We then got a letter a few weeks ago (been away on holiday) to say that it had been transferred.
All was going well until the "General Form or Judgement order" came recently to say a hearing has been allocated for the 18th August.
IT IS ORDERED THAT
1 List for an allocation hearing;
(i) notwithstanding the value of the claim, professional negligence is alleged.
(ii) expert evidence may be nessecary.
(iii) allocation to the fast track should be considered
Time estimated for hearing, 1 hour
I plan to go to citizens advice on Monday week but would welcome any advice or guidance as am confused. I was comfy with independent reports to defend the claim myself via small claims.
However not sure what to do now and dont want to start running up legal bills if I can avoid it.
Is the above an actual hearing or for the judge to confirm if its suitable for the small claims track or not?
Is there anything I should do to prepared for this hearing as there and no other directions beyond the above?
Thanks in advance.
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