Defence strike out

[Cpt Morgan]

No notice required

Many thanks

[Cpt Morgan]

No notice required

Hi, As expected the defendant turned up with his Barrister in a small claims case, and once again the judge was completely and utterly ill prepared for the case. He complete disregarded failures by the defendant to meet with the courts directions concerning dates set for service, and then proceeded to try to help the defendant by suggesting I had no legal right to cancel my contract with the builder, despite them being 20 weeks in to a scheduled 12 week build in total, with no steels installed no roof in place incomplete walls etc etc , and the builders failure to order materials he stated he needed payment for, which he received. All in all a joke of a day and totally mis managed by the judge, which is par for the course it would seem.

One fundamental aspect of this claim is the builders failure to order steels he claimed he required money for, and I need to legally request that he produces the physical order for those steels, knowing full well he can't which 'should' finalise matters.

How do I go about this, is it another N244?

Also what are my rights re cancelling a contract after a cooling off period?

Thanks in advance.

[atticus]

What was the hearing about? What was the outcome? What would you be applying for in another application?

[Cpt Morgan]

What was the hearing about? What was the outcome? What would you be applying for in another application?

The hearing was concerning failure by the defendant to adhere to dates set within the courts latest direction and or methods of service.

(1) They emailed document disclosure documents, but didn't confirm I was in a position to accept email service (which I am not). This subsequently put me at a disadvantage as I was still required to produce my own witness statement yet was not party to documents the defendant had been requested to disclose before hand, and still hasn't provided.

(2) They were supposed to have served their witness statement by X but didn't do this until X + 9 days, and have subsequently sent 4 additional versions so I have literally no idea which version they are relying on.

The judge has also implied I may not have any right to cancel my contract which I found amazing. I cancelled because the builder hadn't order materials I had paid for and was 5 weeks past the proposed completion date when this was discovered and he clearly had no intention of meeting deadlines and or complete the build as the materials he hadn't ordered were fundamental for the build (i.e. steels, roof etc)

Having looked quickly at the cancellation process, if the tradesperson did not provide the correct instructions for contract termination I believe they maybe guilty of a criminal offence?

The wording within the contract cancellation section provide within the contract was as follows;

Notice of your right to terminate this contract- The 14 Day cooling of period
Trader name and address: XX Co. YY

Address XXXXX


Date of contract: XX/YY/ZZZZ
You have the right to cancel this contract if you wish and you may exercise this right by delivering or sending (including electronic mail) a cancellation notice to YY at any time within the 14 days of the date this contract was signed.
Send cancellation notice to the address stated above..
This notice of cancellation is deemed to of been served from the date it was sent or posted, if you wish to cancel the contract you may use the form provided below.
You maybe required to pay for goods or services supplied if the performance of the contract has begun with your written agreement before the end of the cancellation period.
Work Starting Before The End Of Cancellation Period
If you agree the work can start before the cancellation period has ended you should sign below. If you decide to cancel within the 14 day cancellation period, reasonable payment maybe due for work carried out prior to cancellation.

I agree YY may commence works before my cancellation period has ended
Signed:………………………………………………………
Date:
CANCELLATION FORM
To YY
I/we hereby give notice that we wish to cancel my/our contract.
Signed…………………………………………………………………………….
Name………………………………………………………………………………
Address………………………………………………………………………….
……………………………………………………………………………………….
Date………………………………………………………………………………..

Looking at CCR 2013 schedule 2 27 - 38 this doesn't look complete to me, so would I therefore be within my rights to challenge this cancellation form set and content, and if so how would I enforce criminal proceedings against the builder?

Under normal cancellation periods for a residential construction contract (which this is) the cooling off period is normally 14 days, however the cooling off period can be extended by up to a year if the contractor fails to provide he consumer with prescribed information about the consumers right to cancel. Apparently that information must include the conditions, the time limits, and procedures for the right to cancel as specified in CCR 2013, and I don't think this does?