Small claims - trader-legal home insurance

[Pezza54]

Your photos should be filed with your local county court as evidence with your witness statement. Courts vary as to their ability to accept electronic docs and photos. You will need to contact the court your claim is allocated to
Personal opinions are not a good idea in court claims. Expert reports and opinions are much preferable

[Sotired]

You also mention mediation. I offered mediation when going through the complaints process with the defendant, they were not willing, which is why I had to take it through the court claims process, so I'm not looking to do mediation after this length of time.

[Sotired]

You also mention mediation. I offered the defendant mediation in my complaints process, they not willing, which is why I had no choice to take it through the court process, so I will not want to do mediation now after this late stage.

[Sotired]

I was advised not to pay for an independent assessment, due to high costs and the defendant can say I don't agree with them etc. My opinion is from an industry organisation, however the defendant can still say the organisation is not very good etc, as they obviously do not agree with my comments. I think the pictures speak for themselves, but people have different standards I suppose.

[Pezza54]

Unfortunately mediation is now compulsory on the small claims track. Please read form N180

[Pezza54]

Is it too late to obtain an expert (qualified building surveyor) report?

[Sotired]

Is it too late to obtain an expert (qualified building surveyor) report?

I'm not sure this would suit? It is not structural as such. The organisation's opinion I have is specific to the trade product. I can get them to do an independent assessment, however, as i was advised not to do this, 1k plus cost, and they could say this organisation is rubbish. I did think of building control officer, but again as long as it complies to regulations, passes they would possibly not be interested in high quality, and perhaps not want to be involved in other disputes?.


Unfortunately mediation is now compulsory on the small claims track. Please read form N180.

That is disappointing to read, since I already offered mediation few times before court. Due to their response and attitude, I don't want anything to do with them. It is good in one way they have a barrister in court, but then, will I get walked over!

[Pezza54]

You're right Building Control will not get involved in legal disputes.
Without an expert report your claim is weakened but the financial risk is less on the small claims track
It is your decision whether to start a court claim

[Sotired]

Thanks again. Do the courts, judge not look at the pictures ? They can see for themselves the poor quality?. Would this specific trade organisation I asked for their opinion in the pictures really not be considered, at least as a starting point?

[Pezza54]

Yes the judge would look at the photos and read the opinion of the trade organisation. How much emphasis he or she would put on this evidence without an expert report is another matter. Don't forget the defendant is in the trade and will probably attempt to put forward a strong defence

[Sotired]

Yes thanks i understand, i know they will most definitely put up a strong defence up, the correspondence since starting my complaint has been extremely challenging , probably to put me off from taking this further, but in the end I just cannot accept what they have done, and I do feel up against it with them having legal representation and just myself, never done this before. I had already started my poc, I need to work on it best I can. It's strange the court hasn't got back to me about the pictures, I will chase up tomorrow.
thank you again for all your in put, I appreciate all your advice. I will keep you informed. If you can think if anything else that maybe useful do let me know!

[Sotired]

Hi Pezza54 .
I have heard back from the court about how I can submit my pictures. I am on with my poc.. I thought i had to put all my evidence forward, including the opinions, pictures.. in a paginated bundle.

The court has said, I need to file fully particularised particulars of claim by certain date, thus does not require evidence to be filed. That will be considered at future hearing.

Can you please confirm, that I only have to give al the full claim details, make reference the professional opinions and pictures?. Not to actually put them in my poc and t9 the court yet?

I do have to send the defendant a copy, so I must have to send them all my pictures, nit sure about the opinions, itself,.?

[atticus]

A court will only accept opinion evidence if it has given permission. Look at the rules n expert evidence in CPR Part o35.

[Sotired]

Thanks I'll check out. Do I not send it to the defendant then, with pictures?.

[Sotired]

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