Hello,
I am taking over from Chipsticks with regards to this thread. I'm writing to provide you all with a high level summary of what has happened so far.
1. Lord made an application to the court on the 26.11.21 to set aside the judgement which was made previously in default as Lord did not attend the court hearing or submit a response. The judgement was that Lord was required to pay £3,081.12. Their reason for not attending was that the person handling the claim came down with Covid. On the application to set aside the judgement it mentioned a lady who worked for Lord would be dealing with the claim, whose name is Kelly Sloan.
2. It was ordered that the defendant must by 4pm on the 28.12.21, file at the court and serve on the claimant their evidence in support of the application including the reasons for not responding to the claim and their defence of the claim. The Defendent failed to meet the deadlines of the 28.12.21 by 4pm. I spoke with the Court to find out if any evidence had been submitted, and they confirmed that evidence had not been submitted and they had been granted an extension to submit their evidence by a new date, 13.01.22 and that the new court date hearing would be 18.01.22. Lord submitted evidence that stated that they were happy to deduct the repair costs from the outstanding balance. I previously explained to Lord that the repair costs were for the rear patio only and not for both contracts and that the claim was only for the rear patio. My response to the defendant's submitted evidence in summary was that I made an error with the initial claim total value and advised what the total claim value should be.
3. On 18.01.22, Kelly Sloan did not attend the phone hearing, but the managing direction James Moore did. The judge did not listen to what I had to say, and focused on the mistake with regards to the incorrect figure. The Judge ordered that amended particulars of claim were to be submitted to the court by 01.02.22.
4. Amended particulars of claim were submitted to the court 01.02.22. The front drive and rear patio are now combined. In summary, Total value of two contracts for the front drive and rear patio = £7,888.00 + £2,650.00 = £10,538.00. I paid deposits equal to £1,577.60 + £530.00 respectively totalling £2,107.60. I witheld £8,430.40 as the work was defective. I have received three quotations for the repair works. Company 1 = £14,800.00, Company 2 = £14,280.00 & Company 3 £15,300. I prefer company 3 as they appear to be the most reputable and knowledgeable. I'm seeking to recover the deposits plus the cost of remedial work so that the final cost to myself totals £10,538.00 being the original total contract price.
Money withheld and therefore not claimed = £8430.40
Balance of remedial work = £6,869.60 (Remedial work £15,300.00 - money witheld £8,430.40)
Independent Report which confirmed defective work = £355.00
Total Claim = £7,224.60.
5. I also sent copies of the quotations to Lord via Email to which James Moore responded saying that they were comical and that he could write me a quotation for £50,000.00.
6. The defendant applied to the court last year to make be bankrupt whilst I was trying to have the work rectified by the defendant. I issued an application to the court to set aside and on the 12.10.21 it was ordered that Lord's statutory demand was to be set aside following the hearing of myself in person and due to the fact Lord did not attend the set aside hearing or provide contact details. On the 28.01.22 I sent an email to James Moore the director of Lord reminding him of this judgement and I received payment from Lord of £195.00 on the 03.02.22.
7. Lord are required to file evidence or a counterclaim by 4pm on the 22.02.22.
