Claim received, but no particulars of claim

[jaguarsuk]

Thank you so much for your help. I have drafted my defense and counterclaim. I am not sure if I've given too much detail considering the limited POC above, but I wanted to explain the case history. Would anyone be kind enough to look over it? I have attached a redacted copy.

It's too verbose, you'll get to tell the story when you file Witness Statements, the defence is a concise statement of facts.

Here is a revision for you, delete << >> bit in para 7 of the counterclaim after making the adjustments, the sums are to today's date to illustrate how it should look.



Revised Redacted defence and countercalim.docx

[Phoenix100]

Thank you so much for your help jaguarsuk . I will update and send.

[jaguarsuk]

Thank you so much for your help jaguarsuk . I will update and send.

Just make sure you have a read for any spelling or grammar mistakes before sending, with the best will in the world fresh eyes see mistakes the author doesn't.

[Phoenix100]

I have received the directions questionnaire and I'm not sure how to complete D2 - Expert evidence. Do I state here the 2 independent reports here that have already been carried out? Also do I need to add anything else, i.e. quotes for rectification and/or photos/statements by the person that has now completed the rectification work? (other unseen issues were uncovered once rectification started). I'm just unsure here as it refers to costs if appointed, but these reports have already taken place and due to it smelling and being the family bathroom I have had it all rectified. Thanks

[Celestine]

You can tick 'No' to Expert Witnesses on the allocation questionnaire. When you do the witness statement, the expert reports can be attached as appendices to support your counterclaim, there will not be any need for any of them to attend court to give evidence.

[Phoenix100]

Thanks Celestine . It's taking me a while to understand the purpose of each stage in the small claims track. The logical thing to me would be to give the evidence first, but it appears that's the last thing you give. I very much appreciate the help this site has continued to provide.

[Phoenix100]

I completed my directions questionnaire and received a letter from the court stating that the claimant had not completed theirs and given them an extra 10 days. The 10 days is now up and I haven't received anything from the claimant. I have emailed the court to ask if he had submitted a defence. All I had as a response was that the claimant had made a case for mediation, so I assume he has sent in his questionnaire, just not sent it to me. Is the next step to write to him and ask for this missing documentation (defence/DQ)? Would the court not ask for a defence to the counterclaim? Also if I write to him, do I need to send the court a copy of the letter?

[jaguarsuk]

I completed my directions questionnaire and received a letter from the court stating that the claimant had not completed theirs and given them an extra 10 days. The 10 days is now up and I haven't received anything from the claimant. I have emailed the court to ask if he had submitted a defence. All I had as a response was that the claimant had made a case for mediation, so I assume he has sent in his questionnaire, just not sent it to me. Is the next step to write to him and ask for this missing documentation (defence/DQ)? Would the court not ask for a defence to the counterclaim? Also if I write to him, do I need to send the court a copy of the letter?

Speak to the court to see if he's filed a Defence to Counterclaim, if he hasn't make an application for summary judgement on the counterclaim as a Part 20 Claimant.

He should have served a copy of the N180 upon you, so you can ask the court for a copy of it and any Defence to Counterclaim if there is one.

[Phoenix100]

Thanks Jaguarsuk. I haven't had much luck with contacting the court. When phoning they tell me to email as they can't answer specific questions related to my case. I have emailed and they have either ignored me or not answered my question. I emailed asking to clarify if they had received the claimants DQ and defence to my counterclaim (both I have not received) they just replied with 'the case had been made for mediation'. So I assume the DQ has been filed with the court. I have written to the claimant requesting these items and if I don't hear from them by the end of the week I will request a summary judgement. Any advice on being able to contact someone from the court that can actually help? I have looked at the form to request a summary judgement (n225) but it is written as though it's the claimant requesting the judgement. Would this be the right form as the part 20 claimant?

[Phoenix100]

I have received the letter below from the claimant in a response to my request for his defence to my counterclaim. Included with his letter was MY DQ and MY N9B. In his letter he states a snagging list was given on the 28th September, however, the bathroom work did not commence until 5th November, and we verbally raised issues with him throughout the installation. He also comments on being happy to have an independent report. We provided the claimant with 2 independent reports in December 2018 (for which we are basing the counterclaim upon). He states he disputes most of issues stated in our defence, so he clearly accepts some of them, but the ones he accepts is not stated.

Today I have also received a letter from the court about the telephone mediation (so the claimant has sent his DQ to the court). However, how can I proceed with this with the information that has been provided?

I'm at a bit of a loss of what to do next as the claimant is not providing clear PoC or coherent defence.

[Phoenix100]

Is anyone able to advise?

He has written in his statement of truth that 'the facts stated in this defence and counterclaim are true.' Does this hold any weight? Or will they focus on the witness statement?

[Amethyst]

No it's not important he's just misunderstood what he's doing. It's still a statement of truth.

That's meant to be his defence to your counterclaim and reply to your defence? Good gracious.

Has he sent a Witness Statement as well or is that it?

[Phoenix100]

Yes Amethyst that is all he has sent, no Witness Satement. Although he did send me MY DQ and MY N9B. He clearly dosen't understand what he is doing, I've had to ask for him to produce his PoC and his defence to my counterclaim. I spoke to the mediation service this morning and have made an appointment. So if this fails, is that when he will be asked to produce a witness statement? Are any of his documents actually looked at before the hearing, as surely these are not good enough to proceed?

[Amethyst]

Yes after Mediation you should get hearing letters with directions to submit witness statements and evidence. It's after Mediation that the judge/court manager will look at the documents and make directions accordingly. So far his POC aren't compliant and his defence to the counterclaim is non compliant, you have stated in your defence that the POC was dire, so I would expect an order for a compliant statement of case, but they might just order a hearing and witness statements/evidence to be exchanged ( normally that would be timed for 2 weeks before the hearing )

Very strange about that September 28th date when the work didn't start till November. Maybe he has other cases going on that he's handling equally as poorly. The sad thing is many people think that just bunging a court claim in will get them paid regardless. Access to Justice is a good thing, but it lets a lot of dross through and it's a pain being on the receiving end.

[Phoenix100]

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.

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?

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.