Small claims hearings please help

[cvt]

Re: Small claims hearings please help

No sorry the name of the claimant is always on the box with the address on all forms yes it's gone to directions questionnaire with the mediation box. Local county court and how many witnesses you using Nothing else so far!

This is is what I mean when I say claimant has now changed from using company name to own name on the directions questionnaire.

so my question is do I question this, I feel this is a tactic to request their court which they have done stating I'm a time waster, they ticked no to mediate I ticked yes.

My solicitor had the ransom demand which we did accept,

does that make sense

[Vitamin33]

Re: Small claims hearings please help

So do you mean claimant has put personal name and personal address under "Contact details" on the Directions questionnaire, whereas when the claim was filed he/she used their company name and address, which he/she then signed on behalf of the company? I'm not sure just because the contact details are different, it means the claimaint has changed the original claimaint's name, just that that is his/her name and address to receive information in relation to the proceedings. But it is certainly worth phoning the court in the hope they can clarify. It's good you've ticked 'yes' to mediation. What is the gap between the amount of their demand and what you would be willing to pay, if anything? Also how much longer did the work take to complete? I'm wondering whether a judge might conclude there was an implicit understanding on your part that there would be some additional money to pay. BUT even if so the onus is on the person/company supplying services to make it clear if additional money is due, and for what reasons.

[cvt]

Re: Small claims hearings please help

They have put business address still but their name not company name so it looks like an individual is the claimant rather than a company,

I've offered between 300-500 more they won't accept!

The he job took about 5 days but I wasn't present so had no idea how long each day they were spending and when I asked by phone they told me not to worry, ignored the question or changed the subject. They never not once told me it gone over the original quote not even when it reached double they just kept going and there argument is I knew because there was phone contact but this isn't an admission of time spent when I wasn't present, I've always been happy to pay more to settle but when I got 5 other quotes for the same job they are all well under what I've offered and they are still disagreeing saying this isn't the work they did etc etc trying to cover up for there lack of communication. They never told me how would I know. I admit I should have pushed harder but thought the onus was on them to let me know as it was a service. No terms nothing. Then when challenged they went off on one and they have been terrible ever since.
....

[Vitamin33]

Re: Small claims hearings please help

Did you receive more from the company than you expected, i.e. did you end up with a better kitchen, whatever? Did they find a significant problem that had to be rectified in order to complete the work, which is why it took longer? My daughter is having work done to her house and has had quite a few exchanges with suppliers, the plumbers for example tried to get more money but she said no, you said, blah blah, and that was your fault not mine, etc,a nd I'm on a budget blah blah. And they accepted what she said. Also, is the company you're dealing with a limited company?

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Did you receive more from the company than you expected, i.e. did you end up with a better kitchen, whatever? Did they find a significant problem that had to be rectified in order to complete the work, which is why it took longer? My daughter is having work done to her house and has had quite a few exchanges with suppliers, the plumbers for example tried to get more money but she said no, you said, blah blah, and that was your fault not mine, etc,a nd I'm on a budget blah blah. And they accepted what she said. Also, is the company you're dealing with a limited company?

[Vitamin33]

Re: Small claims hearings please help

It sounds to me as though you have been more than reasonable, and you will be able to put your side down in full in your witness statement including that you were not present and so had no idea whether they attended every day 9 - 5 for five days, and that other quotes were for less than what it would cost if they accepted your offer. They do sound like muppets, but the bullying must be scary. I think it is important that you document the nature of what you constitute as bullying, in case you wish to take it further at some stage.

[cvt]

Re: Small claims hearings please help

Ltd yes. I've ended up with what I asked for however there were issues and when using the work done I started having problems which another company had to sort out as the claimant said they couldn't do it which took me more time to sort. And because of the dispute further problems happened which again I couldn't contact them about so had to get them sorted out myself.
They will argue I knew, and the job changed anything they can. But I didn't again nothing in writing!!! all I have is comparative quotes the original est from them and then the vile emails received. They think they did the work, not cared they didn't tell me and expected me to pay this astronomical bill.
They are a ltd company
?????

[Vitamin33]

Re: Small claims hearings please help

I just replied but think I pressed wrong button so it comes up as a new thread.

[cvt]

Re: Small claims hearings please help

Oh I don't see it

[Vitamin33]

Re: Small claims hearings please help

PM me with company name and I'll do a quick search and see what I can find out, if anything...

[cvt]

Re: Small claims hearings please help

Don't worry i would rather not say as the dispute is going on, I don't think finding anything out will get this case thrown out, they will just argue it and I have to just be strong. What do you think to the message I last sent about the story?
thanks

[Vitamin33]

Re: Small claims hearings please help

Okay, no worries. It is very sad and shame on them that you felt too intimidated to ask them to rectify further problems/ssues that arose subsequently. Whether that was their intention or not who knows, but horrible, and I feel for you. Just put everything in your witness statement in chronological order explaining precisely what happened. In my WS I said the company's behaviour had left me feeling very stressed, but I did not labour the emotional stuff, just one or two mentions of it, where appropriate. BUT if you have emails that are threatening that is another matter, which you could take further.

[cvt]

Re: Small claims hearings please help

Ok thank you so much, what is the difference between the defence which is in order of what happened and quite detailed to the witness statement? I feel I have said quite a lot already and they have seen this so I wonder what the differences are,

[Vitamin33]

Re: Small claims hearings please help

Your defence i.e your arguments are what you will put in your witness statement so it's the same thing but the witness statement has to be prepared in accordance with CPR - lookup Practice Direction 32. You will find samples on the Internet because that's what I used and I followed the instructions to the letter, eg every paragraph must be numbered and spacing rules adhered to but as I said there are samples on the Internet. And why not contact the HMCTS free mediation service? You have nothing to lose and they may be able to resolve the matter for you. I hope so

[cvt]

Re: Small claims hearings please help

Thanks so much how can the service help if the other party won't mediate?

[Vitamin33]

Re: Small claims hearings please help

My hope is that they will try to make contact with the claimant and endeavour to mediate and if the claimant is adamant in their refusal that is something that you can put in your witness statement