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Claim received, but no particulars of claim

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  • #31
    Originally posted by Phoenix100 View Post
    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.

    Originally posted by Phoenix100 View Post
    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.

    Originally posted by Phoenix100 View Post
    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.
    COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

    My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

    Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

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    • #32
      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

      Comment


      • #33
        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.

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        • #34
          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.
          COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

          My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

          Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

          Comment


          • #35
            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.
            Attached Files

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            • #36
              Is anyone able to give me some feedback on my witness statement?

              Comment


              • #37
                looks good to me
                COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                Comment

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