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Cowboy builder taking legal action against me.

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  • #61
    Originally posted by des8 View Post
    Solicitor admits making a mistake !!!!!!!!!

    Judge should listen to what you say, but may allow the set aside anyway, in which case the counterclaim will be heard.

    Good luck for tomorrow
    Grovelling more to be precise. His main concern is that the claimant will now sue him which he thinks is unfair. And to top it all he wants me to pay the costs of his application!!!

    Thanks for the good luck but the way the story is so twisted makes me out to be a villain. Not holding out much hope now as feeling totally stressed, overwhelmed and defeated.

    I may be back to request stay of judgement and set aside.

    Comment


    • #62
      All I can say is when you are in front of the judge/camera just be yourself, be honest, if you don’t understand something then say so, judges are only human and the worst thing for any solicitor is facing a layman in court proceedings, it stops them from using misguiding information as you can always say you don’t understand. They then have to explain and you have an opportunity to say that isn’t how it was etc.

      Comment


      • #63
        Originally posted by Onestepatatime View Post
        All I can say is when you are in front of the judge/camera just be yourself, be honest, if you don’t understand something then say so, judges are only human and the worst thing for any solicitor is facing a layman in court proceedings, it stops them from using misguiding information as you can always say you don’t understand. They then have to explain and you have an opportunity to say that isn’t how it was etc.
        Thank you.

        I can only be honest. They say liars need good memories. I don’t have one. I’m 74 years old and struggling. My story has never changed because I can’t change it. What happened happened. The claimant obviously doesn’t review what has been written on his behalf. it just keeps changing.

        Thanks again.
        Last edited by Willis; 28th June 2021, 15:21:PM.

        Comment


        • #64
          Well hearing to day was adjourned half way through.

          Claimant now had a barrister as well as a solicitor...overkill.

          Judge not impressed .Barrister bumbled along and knew answers to nothing. Solicitor told the judge lies which the judge uncovered.

          They submitted their witness statement late to the court and tried to cover it up. Judge not impressed. Not impressed that they delivered to me witness statement late.

          They delivered both to me and the court, the court bundle late and well out of time. Told to go away and redo the bundle properly and more tidy.

          In regard to them trying to get my counterclaim judgment set aside. Judge said," nowhere in this application do you ask to set aside this judgment".

          Judge not happy as they had not provided me with a copy of the application to set aside or the Claimant 3 month late defence. This application was grovelling as the solicitor held his hands up and admitted liability. The have given him 14 days to redo it but he cannot take out anything he previously put in. He can only add to it. He said Willis put in this application for Judgment in February and yet you did not even respond to this until end of May!

          Judge then said he would give me 21 days to respond to this. Told them to shove application for costs against me as they had done absolutely nothing correct.

          One very big issue is that the Claimant is claiming in his own name and yet he has a company and judge said - although barrister bumbled to get judge to change is mind, is that the small claims court is for individuals and sole traders, NOT companies. Barrister trying to say he is a sole trader when judge said his company does not state that.

          A further issue is that they have claimed against me in my nick name and not my christian name.

          Judge said he had thoroughly read my counterclaim and defence and completely understood it.

          Judge very kind, kept saying you must be bored with all this back and to listening to all this waffle. I said no, I find it interesting. Periodically judge kept stopping and saying 'are you okay Willis".

          He definitely was not at all impressed. Now going to set the hearing for at least 28 days past the order he is going to send out.

          At this point, I think I will have a solicitor look at their amended set aside of my judgment. (and now I am going to get some sleep as I woke up at 1 am and could not go back to sleep with all the stress.

          Comment


          • #65
            So it went quite well.

            Start preparing your schedule of costs so you can claim them following their unreasonable behaviour at the end of this saga.
            Your hourly rate is £19, so keep an exact record from now on.
            No certainty you will get them, but certainly won't if you don't claim them

            I'm surprised at the judges comments regarding Small claims process not applicable to companies.
            Any claim up to £10000 in value is likely to be allocated to small claims track.
            It is the court which allocates the track.
            However one does not expect solicitors and barristers to turn up in court for small claims as their costs cannot be recouped from the other party, even if they win.

            Comment


            • #66
              I think the Judge was trying to make the point that the claimant is invoicing as a company but claiming as an individual. Needs to make up his mind as my 'contract' was with a company and not a person.

              Didn't think I could claim costs at £19 per hour? Is there a cut off point if I can?

              Comment


              • #67
                just show how it was obtained i.e. breakdown of time each part case, but do not try to be clever

                Comment


                • #68
                  Originally posted by Willis View Post
                  I think the Judge was trying to make the point that the claimant is invoicing as a company but claiming as an individual. Needs to make up his mind as my 'contract' was with a company and not a person.

                  Didn't think I could claim costs at £19 per hour? Is there a cut off point if I can?
                  You May only claim limited costs, but if the other party on the claim behaves unreasonably they fall foul of civil procedure rule 27.14 which opens them up to extensive costs.

                  COMPLETING AN N180 DIRECTIONS QUESTIONNAIRE (SMALL CLAIMS TRACK) GUIDE

                  My posts here are based on my experience of a variety of life events. I have no formal legal training & if in doubt take professional legal advice or contact CAB. If you follow anything I write here you do so at your own risk & I accept no liability for any loss, costs or other outcomes.

                  Private messages are disabled as help is only offered publicly. I do not come on here in the evening, at weekends or on public holidays.

                  Comment

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