Claim received, but no particulars of claim

[jaguarsuk]

I have just had an email from the builder which states he's taken legal advice and has submitted an N164 to the court to appeal. He hasn't sent me a copy. What grounds can he appeal on? and if granted does this mean I would need to back for another hearing? What is the process now? I know this is difficult to answer but does he really have a chance of winning an appeal?

It depends on what grounds he is appealing, you'll need to wait and see before judging. Yes, if he's granted one it's back to court.

I would be asking for the court to order a repayment plan at the appeal of £50 per month. If he's messing you about you are entitled to push him to pay back a bit quicker.

[Phoenix100]

So will I be sent a copy of his N164? or will I just be served with the documents if the appeal is granted? I am just now sure of the process and how this all works. Thanks.

[jaguarsuk]

So will I be sent a copy of his N164? or will I just be served with the documents if the appeal is granted? I am just now sure of the process and how this all works. Thanks.

He should serve you a copy of the application, so perhaps a gentle reminder to him of his obligation to file with the court and serve you copies of any applications.

The court will take a look at it and issue an order accordingly whether that is to dismiss his application or set a hearing for an appeal.

[Phoenix100]

I have finally received a copy of the the appeal (it's not dated so not sure if was submitted within the required 21 days). His grounds for appeal is that I didn't supply an independent report and has requested a new hearing. The judge dealt with this at the original hearing, stating we should have mutually agreed someone to complete the report, but I followed the builders instruction and had one done. As this was the only third party evidence then the judge said he would proceed on this evidence. Assume this isn't particularly good grounds for appeal?

[jaguarsuk]

I have finally received a copy of the the appeal (it's not dated so not sure if was submitted within the required 21 days). His grounds for appeal is that I didn't supply an independent report and has requested a new hearing. The judge dealt with this at the original hearing, stating we should have mutually agreed someone to complete the report, but I followed the builders instruction and had one done. As this was the only third party evidence then the judge said he would proceed on this evidence. Assume this isn't particularly good grounds for appeal?

He's appealing on a point the judge has ruled on, so technically he's correct in what he's doing as he doesn't agree with that ruling.

However, the reason the judge ruled as they did was that he refused to agree a joint expert and stated you should get an independent report done, which you did. I think he's unlikely to be successful on appeal if he did file within the time limit, but if he was then all that is going to happen is the court will order a joint expert witness to report which has to be mutually agreed.

If his appeal fails I would suggest you make clear to him he needs pay up as his tactics show a payment schedule is not genuine. If he can afford £255 to make applications to the court he can pay up on the judgement and if he doesn't want to he can explain to an enforcement officer with all their added fees.

[Phoenix100]

I called the court this morning and was told that the builder had been granted an appeal. However, I've just had the attached letter which I have interpreted differently. From my understanding he hasn't complied with the appeal application and has been ordered to provide evidence including a written transcript of the judgement. He has been given an additional 28 days (is that working days?) to comply. Have I interpreted this correctly? Also can I assume the costs associated with the appeal are associated with the appellant? The letter also mentions applying for it to be set aside, what exactly does this mean and entail and is it worth doing?

[jaguarsuk]

I called the court this morning and was told that the builder had been granted an appeal. However, I've just had the attached letter which I have interpreted differently. From my understanding he hasn't complied with the appeal application and has been ordered to provide evidence including a written transcript of the judgement. He has been given an additional 28 days (is that working days?) to comply. Have I interpreted this correctly? Also can I assume the costs associated with the appeal are associated with the appellant? The letter also mentions applying for it to be set aside, what exactly does this mean and entail and is it worth doing?

If he's not complied with this:

file at court a bundle of relevant documents in connection with the application which shall include an approved transcript of the judgment of the District Judge/Deputy District Judge;

Then you need to contact the court and ask them to put what he has sent in front of a Circuit Judge (or Recorder) for consideration under para 3 of that order.

[Phoenix100]

So in 28 days (is that working days or 28 days?) I contact the court for a decision on the appeal? Does he need to send his documents and transcripts to me in 28 days, or just the court?

[jaguarsuk]

So in 28 days (is that working days or 28 days?) I contact the court for a decision on the appeal?

No to see if he's complied with the order, if he has you'll get a decision in the post once it's been in front of a Circuit Judge and if he hasn't you'll request strike out per para 3 of that order.

Does he need to send his documents and transcripts to me in 28 days, or just the court?

According to that order just the court.

[Phoenix100]

OK, thanks Jaguarsuk. No real progression then, he's just been allowed more time to do what he should have done in the first place.

[Amethyst]

28 days will be 28 days unless specifically stated as working days - all court 'number of days' orders are for calendar days.

The builder will need a transcript of the hearing in order to put forward the appeal. It will take him a couple of weeks to get that transcribed from the recording and then his appeal has to be on a point of law, not just because he disagrees with the result.

[jaguarsuk]

28 days will be 28 days unless specifically stated as working days - all court 'number of days' orders are for calendar days.

The builder will need a transcript of the hearing in order to put forward the appeal. It will take him a couple of weeks to get that transcribed from the recording and then his appeal has to be on a point of law, not just because he disagrees with the result.

Remind us what grounds he's appealing on?

[Phoenix100]

All he has written in the grounds for appeal box is 'No independent report was submitted, see attached sheets'. He has then provided another more detailed witness statement (but still inaccurate in places). He has pick up on the issue that the 2 report I provided weren't commissioned jointly. He originally just demanded I provided him with a report within 7 days which I did (the second was a request from the bathroom shop that the manufacturer did a report on the status of the furniture). In the hearing the Judge informed me this was not how it should have been done and should have been jointly agreed and paid for. The Judge did confirm that as this was not done, they are not officially independent reports. However, as they were the only evidence provided then the Judge stated he would proceed using them as evidence of the work completed.

[Phoenix100]

The additional witness statement provided with the appeal ends with the following:

"My point of law for my appeal is that an independent report was not submitted, and actually refused by xxxx. Also xxxx has not defended the decision not to allow xxxx to complete the job."

[jaguarsuk]

The additional witness statement provided with the appeal ends with the following:

"My point of law for my appeal is that an independent report was not submitted, and actually refused by xxxx. Also xxxx has not defended the decision not to allow xxxx to complete the job."

The only thing he's doing here is digging himself a hole because if his appeal is successful you simply ask for the claim to be heard and that the court order for a joint expert witness paid for by both parties. He'll end up paying for that, losing and paying the judgement plus having had loads of costs.

If he doesn't submit the transcript it will be struck out and when it is you make it clear to him that if he's got the money to be making applications to the court he's got the money to pay up. As such, pay up within 14 days or you'll be applying for a High Court Writ of Control to enforce the judgement. No nicey nicey this time.