Cowboy builder taking legal action against me.

[Willis]

Salford. Paper claim not MoneyClaimsUK online.

Not sure how to respond to the claim that it was an oral contract?

[Willis]

Oh dear, now I am getting totally confused:

Going down the particulars of claim, every claim is wrong in some respect and requires a denial and explanation as to why it is wrong. I have 5 pages of these to answer.

What is confusing me is if and when I answer them, is this the same as submitting a defence or do I have to do a separate defence as well..

[des8]

Have you ever previously been involved in court action?
If not I recommend you read Small+Claims+Guide+for+web+FINAL.pdf (judiciary.uk)

At 7 pages long I wonder how concise are those particulars!

It doesn't sound as if those few notes amount to a written contract, although they will be evidence of a contract.

If you want you can post up his claim, so help can be given for you to draft your defence (and counter claim?)

You answer them now with your defence, but your evidence comes later in the process when you file a witness statement.

[Willis]

Have only been involved as a claimant some years ago and forgotten the process but it wasn't as confusing as this solicitor is making it.

I think the main issue is I am getting overwhelmed with the sheer volume this solicitor has written, and also written in the past, and getting into a panic.

This is a solicitor who obviously thinks why write just one clear page which is understandable when 20 will do - which is just a load of waffle and does nothing to make the issue clear. He would have been better if he had researched what the claimant told him and he is going to look a bit stupid in court because I have now I looked, the paperwork which states I am right.

I have sat for the last hour reading this pleading of claim and now realised that this solicitor has actually taken the first letter he wrote to me a year ago which was 7 pages long and used that has his particulars of claim. He has just removed a couple of paragraphs which he clearly did not want in as it would give me the opening to ask for documents which I am pretty sure he cannot produce.

I am beginning to think that it is deliberate to put me to a lot of trouble hoping I would get overwhelmed. Well I am overwhelmed but will not give in and do the best I can.

Thanks for the link I will give it a go.

[Willis]

The solicitor has started his particular of claim with: 1: At all material times.


What does this mean? Thanks

[des8]

It means all times relevant to the allegations in the claim and is standard phraseology.

[Willis]

It means all times relevant to the allegations in the claim and is standard phraseology.

But does this point require a response? And for goodness sake, why don't they say this in plain English?

[des8]

Presumably the PoC start "at all material times the claimant was a builder...." or some such

Now you either admit or deny it

Perhaps draft your defence then post it up together with PoC so we can advise

[jaguarsuk]

Nobody will be able to help without seeing the particulars of claim and then a draft of the defence.

Unfortunately despite it being 7 pages I doubt applying to strike out the claim pursuant to CPR 16.4(1)(a) would be successful, but you’ll certainly want to raise it in the defence.

Depending on when we’ve seen the defence it may be a way to simply admit or deny things without having to explain at this stage giving you plenty of time to gather your thoughts to fully explain them in your Witness Statement which will happen much later on.

whats your deadline for your defence?

[Willis]

I managed to submit the defence on time. Both parties were informed that this was a defended case with a counterclaim.

I filled in the Allocations questionnaire and ticked the mediation box.

This morning, I have just received from the claimants solicitor by 'Special Delivery' - which is not cheap, the claimants copy of the Allocations Questionnaire with a one line letter saying the same has been delivered to the court. It has been ticked 'NO' to mediation.

Now, what is confusing me is that this builder has done everything through a solicitor with the solicitors details filled in every time for service. The Allocations Questionnaire contact details now states the builders: name, address, phone number and email address.

Do I take from this the solicitor is no longer acting for him? I am puzzled as to why the solicitors details no longer appear and if so, do `I take it that the solicitor no longer feels his client has a case based upon my defence and counterclaim.? Or am I just being over hopeful.


Just amended to ask: As I submitted a counterclaim, should the claimant not respond to this counterclaim and supply me with a copy, or does he submit to the court and the court supply me with a copy?


Thanks

[Willis]

Anyone? Thanks

[ostell]

So if you haven't had notification from the solicitor that they are no longer acting then respond to the solicitor and court

[Willis]

I will most certainly continue to do that, thanks.

The court directions that came with the allocations questionnaire instructed the claimant to respond to the counterclaim and file it at the same time as returning the allocations questionnaire, and serve a copy of it on me.

I have only received a copy of the allocations questionnaire. Is it correct that if he has not submitted a response to the counterclaim that I can ask for judgement to the counterclaim?

And as he has ticked 'no' to mediation, will this not go against him in anyway?

Thanks for your help, it really is appreciated.

[ostell]

You should get your own copy of the directions questionaire from the court, if not you can download it.

Perhaps he's preempted the court and downloaded himself and not bothered to tell the solicitor.

Can't comment on the counterclaim

[Willis]

Not quite sure what you are saying: I got my copy of directions questionnaire from the court, filled it in and sent it back and sent a copy to the claimants solicitor as directed.

The claimants solicitor has sent me a copy of their directions questionnaire which arrive this morning, on the deadline, which is why I assume they paid £6.85 special delivery so that I got it on time. It was definitely filled in by the solicitor as the solicitor had signed it, but underneath the claimants name and then put the claimants details in all the boxes instead of solicitor details.

The directions from the court were that the claimant filed a defence to the counterclaim and attach to directions questionnaire and, send me a copy. He/solicitor has not done that which is why if he is not defending the counterclaim, should I not be able to request judgment on the counterclaim even if his own claim against me continues.

thanks again.