Dispute with builder

[Yellow Oscar]

Having to deal with a court dispute for the first time and finding it rather daunting - is there a specific forum on here who can help with disputes with builders & how to fill in the Directions Questionnaire? Any help/guidance would be greatly appreciated.

[ostell]

There is a forum for Consumer rights. Are you the claimant or defendant.

What info do you want about the DQ?

[Yellow Oscar]

I am the claimant. It's a Fast Track claim. Questions I have about the DQ are :

B) Court, I'd like the case to be heard at my local County Court. Do I tick "No" under B1 & then write the name of the County Court (do I have to include full address?). Under B2, do I tick "Yes" and name my local County Court again?

D3. I assume I don't have to reply to this as it is a Fast Track case - not multi track

D.4 I have no idea what I should be writing in this box...

I - In the space below, set out any other information you consider will help the judge to manage the claim.
Part of my dispute with the builder is that he left the job uncompleted with a hefty advance payment in hand. I just want to pay for the amount of days they worked here, which I know with certainty (as we have a day rate & I kept good records of their dates & attendance on site) but he claims it was more days & for the exact amount due for materials but he is refusing to provide official receipts for these and is pretending it is a lot more than what it actually was. Could I write this in the box and suggest the judge demands the builder provides original receipts for materials? Because at the end of the day, the cost of materials is the only thing that prevents me from knowing with certainty the sum of money we owed him and how much he should be returning to us from our advance payment. In the meantime I worked out my claim on an amount for materials that made sense.

J. Once I have filled out the DQ, should I send a draft copy to his solicitor for comments? And if I do so, should I also file a Certificate of Service Form N215 to confirm I have done so?

I also have another question as I have just received an email from CCBC saying they cannot process an N215 Certificate of Service I sent because of an invalid address of deemed service for the defendant or their solicitors. When I initially started the claim the defendant was representing himself but then I received "The Defence" and he is now represented by a solicitor. I sent a short reply to his "Defence" document to his solicitor so put that name and address on the N215 form, should I have put the name and address of the defendant instead even though it was posted to the solicitors? CCBC say the address provided does not match with court records.

It is all so confusing but unfortunately with the builder running away with all our money, we can't afford to instruct a solicitor to represent us so I have to do our best to represent ourselves.

Any help really would be greatly appreciated and I thank you in advance.

[jaguarsuk]

I am the claimant. It's a Fast Track claim. Questions I have about the DQ are :

B) Court, I'd like the case to be heard at my local County Court. Do I tick "No" under B1 & then write the name of the County Court (do I have to include full address?). Under B2, do I tick "Yes" and name my local County Court again?

D3. I assume I don't have to reply to this as it is a Fast Track case - not multi track

D.4 I have no idea what I should be writing in this box...

I - In the space below, set out any other information you consider will help the judge to manage the claim.
Part of my dispute with the builder is that he left the job uncompleted with a hefty advance payment in hand. I just want to pay for the amount of days they worked here, which I know with certainty (as we have a day rate & I kept good records of their dates & attendance on site) but he claims it was more days & for the exact amount due for materials but he is refusing to provide official receipts for these and is pretending it is a lot more than what it actually was. Could I write this in the box and suggest the judge demands the builder provides original receipts for materials? Because at the end of the day, the cost of materials is the only thing that prevents me from knowing with certainty the sum of money we owed him and how much he should be returning to us from our advance payment. In the meantime I worked out my claim on an amount for materials that made sense.

J. Once I have filled out the DQ, should I send a draft copy to his solicitor for comments? And if I do so, should I also file a Certificate of Service Form N215 to confirm I have done so?

I also have another question as I have just received an email from CCBC saying they cannot process an N215 Certificate of Service I sent because of an invalid address of deemed service for the defendant or their solicitors. When I initially started the claim the defendant was representing himself but then I received "The Defence" and he is now represented by a solicitor. I sent a short reply to his "Defence" document to his solicitor so put that name and address on the N215 form, should I have put the name and address of the defendant instead even though it was posted to the solicitors? CCBC say the address provided does not match with court records.

It is all so confusing but unfortunately with the builder running away with all our money, we can't afford to instruct a solicitor to represent us so I have to do our best to represent ourselves.

Any help really would be greatly appreciated and I thank you in advance.

B1 - No, N/A & Name of your local county court.

B2 - Yes & Reason

D3 - No, No, N/A

D4 - The claim is suitable for mediation, if mediated agreement cannot be achieved a hearing date be set for trial. No, No, N/A

I - If you wish to make an application for disclosure then you would tick yes, then detail the application you intend to make for order of disclosure. Be aware that unsuccessful applications carry costs risks against you, they are hefty in this track and as part of pre-trial disclosure he's going to have to account for the figure with receipts anyway. Slowly, Slowly is sometimes better, but it's your claim and your call.

J - you will need file with the court the completed N181 form with a draft directions order, then serve a copy of both on the Defendants solicitor. You may file a Certificate of Service for it with the court if you wish.

It might be worth speaking to a solicitor for initial advice of where you are up to now, what they might be able to do for you and whether you might be able to afford it. Fast Track has heavy costs implications if you lose and some solicitors offer free initial consultation, perhaps pt2537 might be able to assist.

[Yellow Oscar]

Thank you so very much for your lengthy reply. I am still confused about point D4 - are you suggesting I write "

The claim is suitable for mediation, if mediated agreement cannot be achieved a hearing date be set for trial." The builder usually doesn't reply to emails/communications so I am pretty sure he will not mediate, he prefers to ignore the whole situation and will only reimburse (hopefully) money when he is forced to do so. As it says "Disclosure of non-electronic documents", does it mean disclosure of such things as letters, photographs, video evidence etc... It would be great to see an example from someone as to how it is worded and what and how it's described.

With regards to point I - am I right in thinking that at this stage I would be better off ticking "No" and leave the rest blank?

Point J - Where can I obtain a draft of the order for directions - is it a seperate form available online?

Thank you once again for all your help, I feel LegalBeagle is giving me a chance to understand and hopefully succeed as I have no one else to ask for guidance on filling out these forms. My case and evidence are strong, it's just getting past all the legal jargon and I want to avoid making mistakes with technicalities.

[jaguarsuk]

Thank you so very much for your lengthy reply. I am still confused about point D4 - are you suggesting I write "[LEFT][COLOR=#252C2F][FONT=inherit]The claim is suitable for mediation, if mediated agreement cannot be achieved a hearing date be set for trial." The builder usually doesn't reply to emails/communications so I am pretty sure he will not mediate, he prefers to ignore the whole situation and will only reimburse (hopefully) money when he is forced to do so. As it says "Disclosure of non-electronic documents", does it mean disclosure of such things as letters, photographs, video evidence etc... It would be great to see an example from someone as to how it is worded and what and how it's described.

You can't prejudge whether he'll mediate, it is incumbent upon you to attempt to settle the claim without need of a hearing and as such you have to try all avenues, if he refuses that reflects more on him than you.

With regards to point I - am I right in thinking that at this stage I would be better off ticking "No" and leave the rest blank?

I would say so, he will have to make disclosure when ordered and if he doesn't won't be able to present them at the hearing.

Point J - Where can I obtain a draft of the order for directions - is it a seperate form available online?

You will need to draft one, it's not a form.

[Yellow Oscar]

Once again, many thanks for your help. Enjoy your day!