Small claims - trader-legal home insurance

[Pezza54]

Sorry, should have added that if the claim is reinstated you will have the chance to go into much more detail about what happened in your witness statement for the trial

[Sotired]

Thanks again. I'll try get it done ASAP. I don't have much time before the court hearing. Do I head it as poc? Would the court accept it yet, as they haven't decided whether to re instate?.
Do I have to pay again? I also have photo evidence, as obviously the defendant disagrees with me, do they have facilities to look on computer?

Sorry just seen your last post.

[Sotired]

Probably too late to tell the court about my personal details not shown to the defendant?.

The defendant sent quute a few without prejudice emails, which I know i can't use? Can I ask the courts to overrule this and view them to get the full picture?

[Pezza54]

Head it Particulars of Claim. Include the claim number, claimant name and defendant name on the front page
The poc is demonstrating that you have a strong claim and have more than a reasonable chance of success at a hearing
No need to pay again
State in your poc the claimant has photographic evidence of poor quality and unfinished work. These photos will be available to view at the trial

[Sotired]

Thank you for all your help. I will try get it done as soon as I can and send to both. To check when I send it to the court, do I ask them to add it to the n244 form details, or to add to the new hearing information? Or does it all go as one file. It is only a 15 min hearing.

[Pezza54]

Yes you should ask for it to be added it to the N244 application. You can't risk the court filing it and not making it available for the application hearing. Serve a copy on the defendant

[Sotired]

Great thanks. I'll do that. I will need to make sure I explain things best I can as it is not straight forward. Thank you again for your time and help with this.

[Sotired]

Pezza54 I'll be starting to do my poc over the weekend. Would I be able to put I have professional opinion on the work, or is the wrong time to be putting it? Thanks

[Pezza54]

Yes that's okay to put in the poc. Provide the "expert's" qualification, experience in the industry but don't state their personal name or company name at this stage

[Sotired]

Thank you Pezza54 one is an organisation, so i may just put that rather than the name of the organisation, as I'm sure the defendant will slate them, of course as they think their work is a high standard!

[Sotired]

Hi again Pezza54 .

I now have the case reinstated. I think it helped the defendant or defendant solicitors did not send me details of , not sure if it was the strike-out or when they appealed that thus referredto.. The defendant's solicitor, present at the hearing, acknowledgedto the Judge they had not complied , along with myself not receiving the last order to comply. The case reinstated. I have 2 weeks to put in my full P Oc, with pictures, as it is quite indepth, I only put a summary due to time constraints with the hearing.

As my evidence is based mainly on pictures. The Judge did not think supplying by USB was acceptable to the court.. I have contacted the courts for clarification but they have not replied as yet. Do you know what is acceptable electronically, The judge wasn't sure if my professional opinions would be compliant, can you advise on how best to make sure they are compliant? The judge made it clear not to show, referencing to without prejudice emails. Not at this stage anyway.

[Pezza54]

You should concentrate on the breach of contract in your PoC
The photos, full expert report etc should feature in your witness statement. See post 64

[Sotired]

Thanks Pezza54 . I have to do my full po c, , with evidence pictures, send to the send to defendant and the court, whuvh is why I do need to know how best to send to the courts as it's crucial they see the pictures. The defendant has been given a few weeks to respond, then I believe I get a right to reply, before the court hearing. Do you know what the recommended way is for the courts to view pictures, also can you advise how I can make sure my professional opinions will be compliant , as unsure why the judge said they nit sure they would? Thanks again

[Pezza54]

Post 73 is not normal court procedure
PoC, Defence, Provisional Allocation to Track, Reply to Defence filed with Directions Questionnaire, Confirmation of allocation to track, Mediation if allocated to small claims track and court venue, notice of hearing date and time along with last date to file and exchange witness statements and evidence, claimant to pay hearing fee, final hearing (trial)

The court has directed that you file and serve your PoC, so your claim is restarting at step one in the process

[Sotired]

Right ok thanks for explaining. Yes it looks like I'm starting again, however I still would like advice on how best to send electronically the pictures, and advice in how to make sure my opinions are compliant, with the judge mentioning they are not sure how compliant they will be?