Defendant: Assessment for Damages Hearing

[Pezza54]

Transferring your claim to the fast track will almost certainly delay proceedings

[Debbie1608]

I don't suppose there's much I can do. If that's the case I can hopefully claim costs.

How do I make sure I cover myself re costs. Do I need to make specific reference/terminology?

[Pezza54]

Keep diary notes of the times you spend undertaking different tasks in connection with your claim
If your claim is reallocated and you are successful in court, you may be able to claim costs at £19/hour

[Debbie1608]

good to know

[Debbie1608]

Guidance please

I've been given permission by the Court to amend my Defence & Counterclaim - quantum is now £17k. I've not heard further from the Court as to whether or not this will be transferred to fast track.

The kitchen company's claim against me was struck out for non compliance, the initial hearing in January was adjourned in order that I could amend my Defence & Counterclaim which I've served on the Court and Claimant's solicitor today.

The solicitor has just called stating that they will be advising their client that they are not liable and that my contract was with the kitchen fitter as he invoiced me separately etc. My defence is that the fitter was supplied by them, known to them, no contract existed independently with the kitchen fitter etc etc, I'd never even met him, any meetings, appointments, measuring up stages etc etc were done with the kitchen company's kitchen designer and the fitter as a team. He is one of their "expert team of fitters" - they are stating that there was nothing wrong with the units etc that they supplied and that they don't provide installation (even though their marketing clearly makes reference to this fact).

They are saying they will now defend this matter (even though their claim against me was struck out) and that I am within my rights to pursue the kitchen fitter.

They are also putting forward a without prejudice offer of £3000 for damages to bring the matter to a conclusion.

I feel I do have a good case, I'm not sure what they need to do to prove that I had a separate contract with the kitchen fitter - which is completely refuted.

I can't understand if their claim against me was struck out, how are they now able to deny liability?

I've had no kitchen since November 2023 and had to rely on family to cook meals and do my washing - I shouldn't have to live like this through no fault of my own.

I'm completely stressed with it all - what are my options if I refuse their "without prejudice" offer?

Thanks in advance

[Pezza54]

It sounds as if you have a supply and fit contract.
No different to when a customer buys carpet from a retailer to supply and fit and the retailer asks the customer to pay the fitter on the day after the carpet is laid. If there is a problem with the fitting the customer contacts the retailer not the fitter.

When you signed the contract and paid a deposit, did the contract sum include fitting the units?
What does the contract state about rectifying defects after installation?

[Debbie1608]

The contract had price for units, appliances and on the bottom a cost for fitting with "to pay fitter direct" - £x

Their reviews are still referencing "their fitters" and they seem happy to promote those. I'd have to double check what T&Cs say.

They've given me deadline of 4th April or will instruct barrister.

Incidentally when I raised initial concerns both the kitchen designer but more importantly the owner said they would replace the damaged parts of tge units and were pressuring me to accept. The kitchen designer specifically said he can't make that decision as it is down to (name) as he's the one who will be out of pocket. I do shorthand so documented word for word.

They also told me to seek an independent assessor who would just agree with them

Thanks for all your guidance and support

[Debbie1608]

Just realised that they were afforded opportunity to repair one of the units, fitter went to kitchen company's premises as far as I'm aware and came back with a different panel to the unit so I rejected it. If they are now denying liability why would kitchen company say they'd be out of pocket, put pressure on me to accept replacement damaged parts? Makes no sense

[Debbie1608]

I have already submitted the Trial Bundle for the initial hearing in January 2025 which they didn't attend.

As they are now planning on providing a Reply to my Amended Defence & Counterclaim, I will have more documents for the bundle. How do I deal with these. At the last hearing the Judge said just to add any additional pages as supplements.

How do I do this?

One of the sections where documents need to be added exceed 30+ pages (Amended D&C & Updated Quantum Report), how do I number them? The last page in that section is No 127. If I number them 127a, 172b etc etc, then what do I do when I get to 127z?

Do I get to respond to their Reply to my Amended Defence & Counterclaim?

Incidentally, they did not comply with Pre Action Protocols, Court Orders and failed to attend the hearing. They've now removed the word "installation" from most of their website although I have found clear definitive reference to "installation" which they are now denying, effectively they've knowingly provided false information in their initial claim against me as well as knowingly providing subcontracts that they knew had "no qualifications in relation to gas or electrics" and stating that they made this known to me which is strongly refuted.

Thanks in advance

[Pezza54]

How did your trial go today on your other fast track claim?

[Debbie1608]

I issued notice of discontinuance - I wasn't and haven't been in a fit state to continue. My mental health has seriously deteriorated and I'm just trying to keep going being main carer for my daughter and 3 grandchildren and things are coming at me from all sides. That was just 1 of 3 court cases where I'm representing myself and they've got lawyers/barristers. These 2 are consumer issues. Help on here has been a tremendous help so thank you

[Debbie1608]

Guidance please - supplemental documents to Trial Bundle

I can't seem to find a suitable answer to this. At the last hearing the Judge asked me to add additional pages to the Trial Bundle as "supplemental pages".

I feel that I will have quite a few

(a) Amended Defence & Counterclaim
(b) Amended Expert Report
(c) Correspondence with Claimant's new solicitor
(e) Updated Value of Claim
(f) There will be their Reply to my Amended Defence & Counterclaim

Do I put these in a completely separate bundle? Do I just start the numbering consecutively from 1, 2, 3 and so on?
Do I need to refer to this 2nd bundle as anything in particular ie "Trial Bundle No 2"?

The hearing is on 22nd April and I'm worrying about getting it prepared in time - the only thing holding me up is that I honestly don't know what I need to do regarding "supplemental documents"

Thanks in advance

[Debbie1608]

Is my contract void?

The retailer keeps referring to a signed contract (they have not provided me with a copy despite requests)

My question relates to them offering discount for cash so it didn't go through their books. Additional items were ordered and the contract was amended twice to include those goods. However, the appliance cost was not updated on either of those occasions and the cash payments made are also not included. I have reported this to Trading Standards.

I am totally confused over liability - they're still advertising that they "specialise in installation of high quality kitchens" - although now denying they do installations at all. They've also admitted that they do not hold any qualifications for gas & electrics and have therefore knowingly allowed ttheir subcontractors to undertake illegal works leaving my home in a dangerous manner (reported to Trading Standards, Gas Safe Register and HSE)

Their solicitors is now saying if I don't accept the £3000 nuisance payment they'll issue a Reply to my Amended Defence & Counterclaim and seek to recover the balance of £4500 that they initially claimed against me (which was struck out for non compliance).

I'm really stressed with all of this and really don't know what to do anymore

Any help would be appreciated

Thank you