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  • #76
    I have received a letter from the builder today (Friday 3rd Jan) requesting photos of our current (rectified) bathroom, which he claims he needs to supply to the court with his application to appeal (he's given me until Monday to respond). I have received no directions from the court to provide anything. Do I really need to provide these to him? I am not sure why he needs them for his application to appeal, but assume he's going to state we've had something different done, or not had it done at all (?).

    To clarify I have had the bathroom rectified as it smelt and the showers couldn't be used (in addition to other errors). I was informed by the debt collection agency that he used that the account had been closed so went ahead with corrective work and replaced damaged items.
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    • #77
      I was informed by the court that the builder has been given an extension to be allowed to submit his application to appeal. He has now had over 3 months to do so.

      I don't believe I am obliged to provide photos of our rectified bathroom as I have no directions to do so from the court. I don't want him to have photos of my house/bathroom and also don't see the relevance. Is this correct or am I just making things more difficult down the line?

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      • #78
        Originally posted by Phoenix100 View Post
        I was informed by the court that the builder has been given an extension to be allowed to submit his application to appeal. He has now had over 3 months to do so.

        I don't believe I am obliged to provide photos of our rectified bathroom as I have no directions to do so from the court. I don't want him to have photos of my house/bathroom and also don't see the relevance. Is this correct or am I just making things more difficult down the line?
        You don't have to provide him with anything, if the court orders you to photograph the bathroom and provide them then you will, but you are under no obligation to provide him anything for his appeal.
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        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.

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        • #79
          I have received another letter from the court today stating that upon reading the file the judge has order that the time for compliance has been further extended to 14th Feb. This now mean the builder has have over 4 months to submit his application for appeal. He submitted his first appeal 21 days after the hearing, to which he was given an extra 28 days to comply. He then requested an extension as this time extended over Christmas. A different judge gave him and extra 7 days. This recent letter has now been given another 3 weeks to comply and means his new deadline is over 4 months since the hearing. Is there anything I can do? If the application is non compliant after 2 attempts then surely it should now be struck out?* *

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          • #80
            I have spoken to the court to clarify why another extension has been given and it was due to the builder requesting another extension due to awaiting for the court transcripts. The court requested these transcripts on 5th dec. I feel like he has been given so many opportunities to do things right and that the court deadlines don't mean anything. Is it worth writing to the judge as the builder will have taken over 4 months just to complete his application to appeal?

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