Claim received, but no particulars of claim

[jaguarsuk]

I had the mediation call yesterday and the outcome is that it will proceed to a hearing. The claimant would only reduce the amount claimed by £500 on a £4500 claim (he had previously offered to reduce it to £1500). I offered to withdraw the case if he also did, which he rejected. He is clearly adamant that I owe him money. It sounded like he had been to get some legal advice as he said he rejected our independent report as the person carrying it our had not been jointly appointed. However, at the time he stated in an email that he "will give 7 days to send me an independent report. I expect this from a qualified plumber/installer". 7 days later he asks if it has been done. I the provided him with a report from an someone that had membership of the Association of Plumbing and Heating Contractors. Surely he can't argue now that he needs to approve the person doing the independent report? I did want I could under stressful circumstances and it is only now he brings this up.

If you have his agreement in writing then he can't say he did not agree the report. What a fool.

He also rejects the other report that the bathroom shop, who supplied the fittings, requested from the furniture manufacturer. He claims they have said his fitting was fine. Despite requesting this evidence several times he has not produced any. I think he is confused as the manufacturer came out twice, once to look at the products and to ensure they were manufactured to standard, which they were. The second time was to comment on if they had been fitted correctly, which they hadn't. I think he has interpreted the first visit as an approval of his work. Is it worth getting the manufacturer to clarify the purpose of each visit, or is the fact he can not provide this evidence that his work has been approved enough?

I would get the Manufacturer to confirm in writing the purpose of and finding from each visit.

My main concern/worry now is that is the fact I have had the bathroom rectified going to be a major issue? I did get the person who did the rectification to take photos of what he thought was poor workmanship.

Ideally you don't want the work to have been done, but you have the report of the expert and photographic evidence of the issues which backed up by the manufacturers confirmation should be enough to be fine. Your counterclaim is for your loss in having the works rectified.

[Phoenix100]

Thanks JaguarsUK for your comments and advice. I have a bit more confidence in the process that he can't go back and change the rules. I have found an email that was sent from the manufacturer in January wanting to clarify his position as there seemed to be some confusion as to the purpose of his visits and confirmed he had not 'signed off' the claimants work. I will work on my witness statement and post if someone would be willing to take a look. Thanks

[Phoenix100]

I have received notification of my hearing date in a months time. I am struggling to write the witness statement in regards to getting my point across. I have put events in chronological order but this doesn't clearly explain what the issues really are. Can I write a statement at the beginning to summaries my argument, with evidence listed underneath? Should I start with quoting the consumer rights act that I believe he is in breach of and the reasons why, before listing what has happened? Due to how long this has been going on and the number of correspondences I now have over 50 points listing events that have taken place so feel the message is getting lost. Any advise regarding structure would be appreciated.

[jaguarsuk]

Run it in a chronological order to the date of cause of action, then make the points regarding the issues. Relevant parts of CRA should have been included in the Particulars of Claim, but you'll probably get away with including them here even if you didn't.

[Phoenix100]

I have attached my first attempt at a witness statement. Would someone be able to look at it and advise if it's on the right lines? I know there are some typos, I'm just keen to ensure I'm doing the right thing and get some feedback. Much appreciated.

[Phoenix100]

Is anyone able to give me some feedback on my witness statement?

[jaguarsuk]

looks good to me

[Phoenix100]

Just a quick question regarding the exhibits that go with the witness statement before I send in the morning. Do the exhibits need to be in chronological order, or can I group them together? It's just I have a lot of emails, reports, quotes, letters from credit agency and photos which all overlap time-wise. I thought it might be useful to group them together and number them so that the bundle is more organised. Or should I stick with date order? Thanks.

[jaguarsuk]

Each exhibit should be labelled as referred to in the Witness Statement and then each page numbered of each exhibit. You can order the pages how you think they most make sense, but must be numbered so the judge understands what order they’re meant to be in.

[Phoenix100]

Thanks Jaguarsuk I will order in groups (reports / quotes to rectify / correspondences etc) as I think that makes more sense.

[Phoenix100]

I have spoken to the court today and just found out the claimant hasn't submitted a defence to my counterclaim. After requesting one from him directly he sent me the letter in #25 (so he hasn't filed it with the court). I've also not been sent a DQ which I have requested twice and the court twice (he has set the DQ to the court as we proceeded with mediation). Can I ask for his claim to be struck out?

[jaguarsuk]

No, you still have to defend the Claim and technically can ask for summary judgement to be entered on your counter claim due to no defence being filed, the reason would be pursuant to CPR 24.2 that the Part 20 Defendant has no real prospect of successfully defending the claim. You could apply, but it'll cost you money and you might as well just do it at the hearing now, then you don't have to be further out of pocket waiting for them to settle the judgement.

Edited to add: Even if he can prove he served you that in post #15 he didn't file with the court and therefore it shouldn't matter he sent it to you.

[Phoenix100]

Thanks Jaguarsuk. I have completed my witness statement. Can I just check my last two points as they refer to the consumer rights act?

1. As offers to rectify some work have been made this is an admission of his liability pursuant to the Consumer Rights Act 2015 s.49, that he has failed to take reasonable care or skill in the work he has completed. Having conducted sub-standard work in the first instance and repeated sub-standard rectification attempts I have completely lost faith in his ability to remedy the mistakes. The Claimant has also failed to provide adequate information regarding the basis of their claim, or provided a clear defence to my counterclaim. Pursuant to CPR 24.2 that the Part 20 Defendant has no real prospect of successfully defending the claim.

1. Pursuant to the Consumer Rights Act 2015 s.54 the Claimant should bear the costs of rectification work to cover the damage to my property. I am significantly at a loss due having to replace damaged goods and reinstall, and repair damage to my kitchen ceiling and walls.

[jaguarsuk]

Yes both references are fine.

[Phoenix100]

I have just received the other sides witness statement and they are claiming that all the issues were cosmetic and I have not allowed him to complete. I think I have clearly argued that I gave several opportunities to address his poor work, but more things did come apparent once I stopped allowing him back, for which I'm claiming money for. How many times do I have to allow rectification work? All these items claimin for are detailed in the reports I have had done. What I am concerned about is that I have nerver recieved his directions questionnaire (requested twice) and I now understand from his witness statement is that he is brining the bathroom shop owner to the hearing. He did come to site and I pointed out several issues I was concerned with. He has provided a statement that says he thought the bathroom was fine and all the issues were cosmetic and could be addressed easily. I'm somewhat concerned that I was not aware of this until now. Does it mean anything that I am not in reciept of his directions questionnaire?