Small claims - trader-legal home insurance

[Pezza54]

A PoC should concentrate on the legal breach of contract by the defendant. In your case the defendant builder breached the Consumer Rights Act 2015 Section 49 "Every contract to supply a service is to be treated as including a term that the trader must perform the service with reasonable care and skill" State this implied contract term and how the builder breached this term and provide examples of poor workmanship, defective materials etc.
Your PoC should start with brief info about the contract, the work and price agreed, the time for the refurb to take place
Then as above, breach of contract

Under "Amount Claimed"
You should state the claimant is claiming damages in accordance with CRA 2015 Section 54 (7)
(7)(a) damages: show how you have calculated the damages
(b) seeking to recover money paid: again state how much and justify this amount
(f) exercising the right to treat the contract as at an end

Add interest calculated on the number of days at 8% pa

End with a signed statement of truth

The court order to file a fully particularised claim means they were unable to understand the grounds on which you had based your claim

You should number paragraphs consecutively

The court will not want photos at this stage. These will be exhibited as evidence with your witness statement, which comes later in the process

[atticus]

I have checked the part 35, and professional opinion can be included, I have since paid for a report.

Yes, but you need permission of the court: CPR 35.4(1). NB expert evidence is almost by definition opinion evidence.

Is your report compliant with CPR 35 and PD 35?

[Pezza54]

You are fortunate the court has given you the chance to amend your claim without payment of another fee. Your claim could have been struck out

[Sotired]

atticus Yes, but you need permission of the court: CPR 35.4(1). NB expert evidence is almost by definition opinion evidence.

Is your report compliant with CPR 35 and PD 35?

I was going to reference it in the Particulars, not show it yet, but perhaps I put it down and i ask the judge permission to put forward and say it complies with part 35?, I will have to re check again, CPR, PD... I have not done this before, so it's a lot of information to take in. Even the solicitor for defendant didn’t comply with something.

Hello Pezza54 i did have to pay another fee to get it reinstated, not sure what you mean about amending, i haven't started yet. I only at the stage of submitting my poc.

[Pezza54]

atticus Yes, but you need permission of the court: CPR 35.4(1). NB expert evidence is almost by definition opinion evidence.

.

Hello Pezza54 i did have to pay another fee to get it reinstated, not sure what you mean about amending, i haven't started yet. I only at the stage of submitting my poc.

In post 1 back in early January, you stated you were waiting to receive the defendant's defence

I assumed you had started your court claim and filed and served your PoC

You're having to pay another fee. Is this a second claim fee or a fee for an application notice?

[Sotired]

Pezza54 thanks for your replies. I'll read them more fully and post later, and explain where I'm at with it all. Thank you

[Sotired]

Pezza54 thanks for your replies. I'll read them more fully and post later, and explain where I'm at with it all. Thank you and atticus

[Sotired]

Pezza54 atticus thanks again for taking time to help and advise. Sorry for taking so long to post. It has been quite full on to try get my p oc done. I tried to put down as much information as possible. I have now requested for permission to put forward my expert report. I also seemed to have missed your post 4th 14.35pm. Giving details. I missed out your details about the amount etc. I have not put in any other evidence, no photos etc, which was contrary to what I was advised by the vlunteers. However, the courts confirmed only send particulars, nothing else at this stage.
I also missed off any interest..I have to wait now for the defendant to reply, which im sure will be a brutal attack but hopefully the courts will accept my request.

My case is getting near the top limit for small claims. The replacement product will be im sure now be considerably higher, would it be difficult to change from small claims to is it, fast track?. I'm checking with my insurance. I know I can get legal help if over I think if you have a good chance of winning?.I won't try sbd change it if it complicates things further. I received email from their solicitors before the last court meeting wiih the defendant's costs. Is that normal? I haven't looked at it, as I wanted to focus my attention on my case. It's difficult dealing with it by myself.

[atticus]

Yes, it is usual for one party's solicitor to provide the other party with details of costs before a hearing.

look at the resources for litigants in person - link in my signature. Especially the guide to small claims cases (post 3 in that thread).

[Sotired]

Hello again Pezza54 atticus
To update you with my case.

I sent my full particulars, with no pictures or report as advised by the courts.

I have now received the defendant's defence from their solicitors. I have not read it yet, but will have to do my response this week.

I sent a follow-up email to the courts to ask if i could use the expert report. Their solicitor asked for me to send a cooy to them, but as i had not heard back from the court, i did not send it. I recently heard back from the courts and the Judge has stated they will decide at the court hearing, which is later in June. Not sure if that is a good thing
.

The court administration said to remember to make sure I put all my evidence and documentation before the court date, I asked them to confirm when I actually do this, I have had no direction from the court when I put my pictures etc forward?. It did not say this in my last order. I will have to print colour hard copies, as the courts only copy in black and white.

order
Claimant . Send Full particulars .
Defendant to file and serve defence to the claim
Claimant to file anfilerve a reply .

It then says the matter is listed for a directions/allocation hearing, time estimate 30 minutes.


In my response to their defence, I was only going to be addressing any points they had made.
I was going to only make reference to the expert report , which i did in my Particulars, now with the court administration saying i should make sure all evidence, documentation is sent to the defendant solicitor and court before the court hearing .do they mean send all my pictures? Would the courts not advise to have done this before the court hearing, or is that the normal procedure?

[Pezza54]

The hearing that has been arranged is a short allocation and directions hearing, not the final hearing
At this hearing the judge should give directions regarding:
allocation to a track or complete Directions Questionnaire (N180 or N181) if you haven't already done so
whether an expert report is required and if so, whether the report you have obtained is suitable and agreed by the defendant
possibly a time and date for the final hearing, latest dates to file and exchange witness statements and evidence (includes your photos) and payment of final hearing fee

You are correct about your reply to defence. Only respond to the points in the defence you disagree with. This helps the judge to decide on the main points in dispute

[Sotired]

Great, thanks for explaining to me. Pezza54

As I am as slow as your picture, to make sure. All I have to do for now is respond to their points, the defence by my deadline for this week.

Wait until the court hearing. Then at the court hearing, I should be given further directions. I haven’t received any directions, and then I will definitely be able to put my pictures and report (if allowed/required), as this is what I am relying on. I do not know anything about N180, n181, but take it the Judge will advise at the time?


I wonder why the court admin would remind me to make sure I send all evidence and documentation to the courts and defendant solicitor before the court hearing?. When I questioned this, they said they are not legal, to get legal advice. I also not aware I would have to pay another fee.!

[atticus]

https://legalbeagles.info/forums/for...65#post1701565

Read the guide linked in that post. Don't be an innocent abroad in the court process.

[Pezza54]

It's a shame OP didn't read all the guidance regarding court claims available on the internet 18 months ago
OP started their thread in January 2024
Much of the delay (setting aside judgement, making an application to reinstate claim after it was struck out)) has been caused by OP not being aware they had to send full particulars of claim to the defendant before the defendant files their defence
OP would be on the slow track if there was such a track

[Sotired]

I would like some advice on my position regarding the Defendant’s proposed survey.
To recap, as a long time has passed. This is a small claims concerning building work carried out at my home. They did not agree to my photoevidence given.
.I am a litigant in person, whereas the Defendant is fullyrepresented.
There has been a lengthy delay in the Defendant in sending out their expert to do a report t including various extensions. The court has now set a final date for expert involvement.

The Defendant’s expert was previously due to attend in person to survey inspectio but now say seems unavailable due to family emergenc . Their solicitors suggested instead that they send his colleague instead , but just to take pictires with the expert to then do his report based on that.
My concern is whether a picturesonly visit , after so many years is sufficient to properly inform the expert and do ajoint report, given the technical nature of the issues involved.
Can I object to this on the basis of reliability now and request a full physical inspection, which they wanted instead, or do I have to accept it provided access is given? Pezza54