Received a Notice of Intent to Apply for Adjudication

[des8]

Should be able to do it yourself

[Donny462]

Thank you so much des8 lol, oh I will always come back and check before I do anything, just in case I've misunderstood something.

Do you think I will be OK completing the form? Or should I get a solicitor to do it?

[des8]

Thank goodness you came back ... i linked you to the wrong form!

Realise you haven't got time to obtain other party consent so use N244 https://assets.publishing.service.go...7/n244-eng.pdf
guidance on completing the form
https://assets.publishing.service.go...-notes-eng.pdf

[Donny462]

Thank you des8, so do I need to write and ask for their agreement to ask for a change in the hearing date, and do I need to copy the court in that correspondence? Also, would it be better for a solicitor to complete the form on my behalf, or would I be OK to do it?
Sorry for all of the questions.

[des8]

Here's the form, altho' the address of your court might be different
https://assets.publishing.service.go...ngham_-eng.pdf

You need to obtain other party agreement

[Donny462]

Thank you des8 , what form do I need to complete please?

[des8]

well you could make a formal application (cost £255 I think) to the court to vary the order and hope!

[Donny462]

Hi des8

Thank you for your help, as always.

You are quite right, the bundles were to be submitted Wednesday, i.e TODAY!

The Claimants Solicitor has filed the electronic bundle this afternoon, (it's actually the first part of the order that she's abided by!), but still no sign of any figure that the Claimant would be prepared to settle at!

I am at a total loss as to what game they are playing but skeleton arguments have to be filed by a week today.

Do you think there's any likelihood that I could get the hearing date put back?

[des8]

regarding the request you put an offer in.... who knows what they are playing at?

The courts do want litigants to attempt settlement outside of the court as it is generally better for all parties concerned.
However it is a process bounded by rules (CPR36) and possible cost consequences and needs to be followed carefully so you don't inadvertently admit liability. Always made "without prejudice save as to costs"

Offers to settle can be made at anytime, and it seems to me that they are trying to pressure you into making the offer by making that statement " ...given that electronic bundles have to be submitted on Wednesday which will incur significantly more costs..."
If the bundle is due tomorrow* surely it is ready for dispatch already so what extra costs? and also they don't have time really to receive your possible offer, read & digest it, pass it to their client who then has to read and digest and then make a decision to accept or decline before that bundle is due in!

*Just realised as today is Wednesday you must mean in a weeks time

[Donny462]

Thank you des8 , I had a feeling you wouldn't be able to recommend a Solicitor, but it was worth an ask lol. I haven't asked the other Solicitor yet, as I was just so taken aback that he'd renagued on his agreement, but I will ask him tomorrow.

I did as you suggested last week and asked the Claimants Solicitor what terms they would be prepared to settle on, three times now she has written and said she is still discussing the matter with her client, then yesterday, she said she is still discussing it with her client, and she really does think it can be settled without need for a hearing, and suggested I might like to put an offer forward first "...given that electronic bundles have to be submitted on Wednesday which will incur significantly more costs..." surely ten days is enough time for the Claimant to have indicated what he would be prepared to settle at, and I shouldn't be penalised financially because he can't make his mind up? What are your thoughts please?

[des8]

Sorry, but I am not in a position to recommend any solicitor.
Have you asked the solicitor you intended to instruct, if he can give you an introduction to one?
Or else you can try the Law society search website: https://solicitors.lawsociety.org.uk/

[Donny462]

The "RICS Dip.Adj." just means the guy has passed an RCIS course in adjudication.
Whether or not he is entitled to use the letters after his name without being registered with RICS I don't know.
For example a person who has passed the qualifying examinations of the Chartered Insurance Institute (CII) is not allowed to use the initials ACII or FCII after his name unless he is a member of the CII
Suggest you refer it back to RCIS and ask.

Before you see your solicitor I suggest you make notes about the essential points you wish to ask about, so you 1) don't waste expensive time! & 2) don't forget anything.
In that meeting you can bring up the matter of the opposing solicitor not copying you in on court communications.

Hi des8


I referred the matter back to the RICS and they basically said that the RICS adjudication system was set up to assist the Public in solving disputes, you do not have to be a member to use it....this guy has cleverly used it to his advantage so as not to incur high costs in achieving the ability to apply for a Summary Judgement against me.

Are you able to recommend a good solicitor in my area who could deal with this on my behalf please? The solicitor I was hoping to use cannot now take on my case due to him being needed elsewhere. I have things going on in my personal life at the moment which mean I cannot give this all of the time it deserves as I am currently spending most of my time at hospital, so really need someone in my corner.

[des8]

The "RICS Dip.Adj." just means the guy has passed an RCIS course in adjudication.
Whether or not he is entitled to use the letters after his name without being registered with RICS I don't know.
For example a person who has passed the qualifying examinations of the Chartered Insurance Institute (CII) is not allowed to use the initials ACII or FCII after his name unless he is a member of the CII
Suggest you refer it back to RCIS and ask.

Before you see your solicitor I suggest you make notes about the essential points you wish to ask about, so you 1) don't waste expensive time! & 2) don't forget anything.
In that meeting you can bring up the matter of the opposing solicitor not copying you in on court communications.

[Donny462]

Hi des8

I've been able to book an appt with a solicitor now for 26th November.

In the meantime, as you know, I lodged a complaint with the RICS about this man bringing an adjudication against me via RICS. They have now written back to me as follows:-

Dear Miss ********
Thank you for the information you have provided about Mr ***** **** from ***** **** ******* Services.
Having checked our database, we write to inform you that this firm and member is not regulated by RICS and therefore we are unable to assist you with your matter or investigate the concerns that you have raised.
RICS’ disciplinary processes only consider information, concerns and complaints about the professional conduct and / or competence of members and regulated firms. Unfortunately, as the firm and member are not regulated by the RICS we have no jurisdiction over them.
RICS Regulated firms are required to display the RICS logo and designation “Regulated by RICS” on their website and other public facing documentation so that they can be identified. If you have evidence that the firm is holding out to be regulated by RICS, then please do provide this so that enquiries can be made with the firm.
At this stage, we would suggest that you seek independent legal advice who may be able to advise further.
This matter is therefore now closed.
Kind Regards,

Can you please tell me how this man was able to bring this adjudication against me using the RICS when neither he or his firm are accredited to the RICS? In the letters after his name it says RICS Dip. Adj. What does that mean please? Is what he has done lawful?

Also, as you suggested, I wrote to his solicitor and asked what terms he would be prepared to settle on. The solicitor has written to me twice now saying she is still discussing this with her client and she has now said she will get back to me the beginning of the coming week.....oh and once again she missed the Court Orders cut off date for her clients responses to my defence! It should have been in on Weds by 4pm and it was sent Friday at 5.50pm , she said she'd written and told the Court of her changed dates and times, but once again she didn't copy me in the correspondence? It seems to me that she is doing as she likes and the Court is allowing her to disregard its instructions ?

[Donny462]

You do not inform the court about negotiations without prejudice.
The "without prejudice" rule allows parties to negotiate without being at risk of having those communications produced and disclosed and used against them later in court, thereby potentially undermining their case in the event that a settlement is not reached

Brilliant! Thank you so much. That was my worry, that any negotiations may be used against me in Court, but now I know they cannot be disclosed, that makes me much happier. Thank you again .