Thank you In the application to court he has stated part of our Counter-claim is fraudulent (£5,000 for loss of earnings from letting the room). This is because he believes we need PP to do B&B in our own home. So he is asking the court to strike out our defence and counter-claim. We have a court date for this special hearing on the 15/01/14, but the court hearing fee has to be paid by the Claimant by 4pm 14/01/14.

Yes,one can let 6 beds/ 3 rooms/ 50% or less, we have a 7 bedroomed home now with the extension. They are quoting the planning decision, which states the extension can never be a separate building (become a semi). So really think this is just a total waste of time.

Well today I got lots of letters from court. 1 New court date for hearing 28th January 2014 2 The Claimant has made an application to the court to have my defence and counter-claim stuck out as I do not have planning permission for B&B. The planning permission granted is for my elderly parents, one wheel chair bound to use the extension. Both have now died. 3 Date for this hearing 15th January 2014 at 2.55pm, so will have to arrange for child care again. 4 Letter from Judge Debt Collection Agency not allowed to act at court or file papers but can still contact me. This is never ending. What do I do now?

Do I have a whole contract?

Also when I asked for guarantees and completion certificate the Judge asked if this was a whole contract. The Judge then said the builder has lost the case straight away and if he gives the documents now he losses the case. Can you please clarify.

We have a court date for the 10/01/14 and I asked to see the Judge last week because the builder would not instruct the sound expert. Now I have to and pay the full cost with report to court by the 10/12/13. The letter from the Debt Collection Agency states they want a reply by the 26/11/13. Do I ask to see the Judge again and how do I do this? Sorry but I do not understand what you have wrote. I am getting really stressed with all this and they just will not stop.

Spoke to them and have run B&B from here previously

Hope they comment could do with their help. Just do not know what to do.

But they have taken me to court.

Update Had another hearing as builder would not comply with the court list schedule. Builder came to court with Debt Collection Agency said they were representing the builder as a favour, Judge told them they could not do that as they were not solicitors and builder must represent himself or get a solicitor. Debt Collection Agent was livid. After hearing we are now getting constant phone calls and letters to comply with court and send documents to Debt Collection Agency. Got a letter today from the Debt Collecting Agent acting for their client(builder) stating they have been in contact with the Planning Department about the extention, planning was granted for residential use only and not for B&B business.If we do not pay them £5,000 (Invoice £3,000 plus £2,000 costs incurred) they will make an official complaint to the Planning Department and help them with their investigations to close the business. If we pay them the full amount theywill keep quiet and not help the Planning Department with their investigation. Our question is this blackmail, harassment and threatening as we are going through the legal process of court and what can we do? Just to clarify we do not need Planning permission to run a B&B, we are not asking for a change of use from our 6 bedroomed residential property to a B&B business, we are just letting 1/2 rooms in our residential home.

Went to Court Builder sent his solicitor Judge was not happy. Have just got a long list from Court saying what needs to be done!!! Judge has said no one will get legal costs paid and Builders solicitor not happy. Judge asked us what we would have settled for, we said Completion Certificates and Guarantees and will walk away. Judge seemed surprised we did not have these documents, asked if the was a Whole Contract and if so then Claimant had breached the contract and if he gave these documents then he would be confirming the breach and the case would be dismissed. Got a call from Builders solicitor to inform us that he will no longer be acting for the Builder. Do I need to tell Court? Why has he rung me? The Judge was really nice. Will post letter from Court tomorrow.

Just got date for Allocations Hearing at court. What happen at this hearing.

Will do

Have printed Royal mails conformation of signed delivery then rang the court and told they have document but it has not been logged yet. He would only say his name was Stephen in Civil Department even when pushed. Also i sent the Allocations Questionair to court in March 2013.

Yes will check royal mail online for delivery and telephone the court Friday. I am not able to go online with the court, just thought I had missed something. Thanks

How do I find my case online?

Will sit tight. Have posted them Recorded Delivery and will check online tomorrow. Will be on here as soon as I get the Allocation Questionnaires. Will I have to go to court for the Case Management Conference?

Would not have been able to do this without your help:-) Just wonder what happens next, never done this before:!:

Never thought of that. Thank you

Ok will post Recorded Delivery today. I just thought taking to court would be best option or should I do both really worried do not want to miss deadline.

Pressure is now off will do final read of document and take to court and send a copy to the Builders solicitor, should I send Recorded delivery or by email.

Done

Thank you General form of Judgement Order Before Deputy District Judge Reynolds sitting at Carlisle County Court. IT IS ORDERED THAT 1 The defence and counterclaim are struck out as disclosing no reasonable grounds for defending the claim and failing to comply with CPR 16.5 and CPR 3.4(2). 2 The defendant must file at court and serve on every party a further statement of case by 4.00pm an the 10 May 2013. This must: i Set ou a coherent statement of facts, which, if true, amount in law to a defence to the claim. ii Set out a coherent sent of facts, which,if true disclose a legally recognisable counter claim against the claimant. 3 If the defendant fails to comply with paragraph 2 of this order, the claim stands struck out without any further order of the court and the claimant is entitled to apply for judgement pursuaant to CPR 3.5. 4. The Defendant may apply by 4.00pm on 3 May 2013 to vary, set aside or stay this order. On the 9th April 2013 but dated by court 26th April 2013. I received this document in the 1 May 2013 I was not given this court date and only have a week to reply. I have been told on here I have to submit all documents so the Judge can see them to help him make a decision and I will not be allowed to submit them later. The is my only chance to put my case and I have to include everything.

Had to feed horses x

Thank you I have just seen your comment. I had to go feed the horses and finish my write up,please see below. Where would I put your text and should I delete some of mine In January 2011 I requested the Claimant to visit my property to quote for work to complete my extention. I requested the internal walls be solid and agreed to being built of blockwork. The Claimant told me this would cost a lot more, but cost was not an issue. The Defendants wanted good sound-proofing as the three new rooms were to be let to B&B customers. I refer to Document 1 as evidence of the signed contract stating “Point number 6 We have included for internal blockwork walls, for dividing wall and to form new en-suite layouts”. The Defendants received the quote on 17th June 2011 for £28,056.00 which they signed. I refer to Document 1 as evidence of the signed contract. The Defendants signed the contract on the 28th June 2011 and sent a copy to the Claimant. On the 10th July 2011 the Claimant telephoned the Defendant confirming receipt of the signed contract and arranged for the work to start on the 7th September 2011. On the 7th September 2011 the Claimant explained he had lost his copy of the signed contract and asked the Defendants to sign another exact copy, no changes had been made and it was an exact copy of the original one. The Claimant only had one copy for the Defendants to sign, the Defendants still had their copy of the signed original contract. Both contracts were exactly the same. Work started on 7th September 2011. The Defendant noticed the Claimant was building stud walls and queried this with the Claimant, who assured the Defendants that the stud partition walls would provide equally effective soundproofing as solid walls. The Defendants showed the quote drawing attention to “Point number 6 We have included for internal blockwork walls, for dividing walls and to form new en-suite layouts”. The Defendants expressed their concerns and the Claimant said it would not be a problem. The Claimant made no reference to the Defendant agreeing to stud partition walls. On the 1st July 2012 the Claimant telephoned requesting a final payment of £3,873.95. The Defendant told the Claimant that work was still waiting completion and would send a letter of works still to be done. The Defendant sent a letter dated the 5th July 2012, referred to Document 2, a list of work still awaiting completion. On the 17th July 2012 Vicki Moffat of David Allen Debt Recovery Specialist telephoned informing the Defendant the Claimant had instructed them to request payment. The Claimant did not have the defendants letter and the Defendant sent the letter attached to an email to vicki.moffat@davidallen-recoverysolutions.co.uk . On the 24th September 2012 the Defendants received a letter from Vicki Moffat of David Allen Debt Recovery Specialist attached was a copy of the contract the defendants had signed on the 7th September 2011. The defendants claim the second page of this document has been replaced. The Defendants never agreed to the contract being changed On the 24th October 2012 Vicki Moffat of David Allen Debt Recovery Specialist wrote saying the Claimant changed the quote at the request of the Defendants due to the cost of internal blockwork walls on the original quote, referred to as Document 3. The Claimant said all work was complete and wanted payment or they would be issuing proceedings. The Defendant replied by email,referred to as Document 4, the Defendant never requested any changes to the quote due to the cost of the internal walls in blockwork being too much. If the defendants had requested a change to stud partition walling the second quote would be less as suggested by the Claimant the Defendant wanted a cheaper quote. Both quotes are for exactly the same amount £28,056.00, surely the second quote would show a reduction if this was the case. The Claimant refused to talk to the Defendant. The Claimant refuses to complete the work. Then on the 25th January 2012 the Defendant received papers from Court that the Claimant had issued proceedings stating there has been no correspondence or response or request to complete the work from the defendants. We have submitted evidence to the contrary from an independent source as in emails from the debt collector the claimant instructed, Vicky Moffat. DEFENCE 1. The £3,873.95 the balance of works totalling £28,056.00 is not owed because the work was not completed in accordance with the quote signed on 28th June 2011., referred to as Document 1, which stated that all internal walls will be blockwork. 2. I sent a letter with a list dated 5th July 2012 requesting work to be completed, referred to as Document 2 3. I also sent Document 2 attached in an email to David Allen Debt Recovery Specialist instructured by the Claimant 4. On the 8th November 2012 sent an email to David Allen Debt Recovery Specialist, referred to as Document 4, replying to their letter,referred to as Document 3 5. The claimant has provided to the Court a different quote to the one which the Defendants agreed and signed. The Defendant has never seen this quote, referred to as Document 2. COUNTERCLAIM 1. The Defendant instructed the builder to put in solid walls because they were concerned about noise and privacy for our guests in the B&B. The builder did not follow these instructions and instead installed stud partition walls. When the Defendant queried this the Claimant assured the Defendants that the stud partition walls would provide equally effective soundproofing as solid walls. This is not the case and therefore it is going to cost £2,800.00 to have work done for soundproofing. Cost of £2,800.00 to remedy for not installing solid walls, which was queried with the Claimant who assured us that the stud partition walls would provide equally effective soundproofing to solid walls, referred to as Document 1 2. Cost of £900.00 to complete the list of works, I have written quotes to complete the work, referred to Document 7. 3. Cost of £400.00 to rectify damage caused by flood due to improper fitting of the toilet which damaged the stud walling and laminate flooring. The wall has to be replastered, new laminate flooring to be laid. 4. Loss of £5,040.00 in bookings for letting rooms to B&B customers.