Do I have to accept a witness statement without an address on it ? - **SUCCESSFUL OUTCOME**

[katan]

Dear tryinhard,

Well done!!! I know just how you must feel, it seems as if the bad guys get all the help, and the victims are unsupported.

I think judges are more perceptive than we give them credit for, they can't seem to favour plaintiff as defendant could then complain.

I'm sure your rotten builders reputation went before him.

I got a fantastic judgement last time I went to court, but preparation took six months full time work by self and husband. We also needed solicitor, and had a brilliant barrister. You may have to accept that getting the judgement doesn't mean you get the money. When no payment came we wrote an agreement stating what payments we would accept, being a total of less than half the debt over a stated number of years. Solicitor checked and sent it and it was signed quickly.

If payments are missed we revert to judgement which includes penal interest, so there is great incentive to keep up payments.

It's surprisingly difficult to win in court but feel as if you have lost. You have achieved a lot, and may well have prevented the parasite from doing it again.

Let us know how it goes. Hope you and your family can relax a bit now.

[Tryinhard]

Thanks for the boost CB I did feel like I had been run over by a bus I really wasn't expecting what happened and I even bought the book from here about small claims court. The whole experience was not what was expected from the book. The only use it had was perhaps in the preparation of the documents. What happened in court was nothing like the book and I would have been better off not reading it as I thought the procedures followed a certain and definate pattern when in fact it does not.

 

Katan, I think you have mistaken my case with another one, it had nothing to do with builders. I know what you are saying about the time and effort put in considering only a very small amout of it was used, it is one of those things you have no idea what is going to be used and as the saying goes fail to prepare, prepare to fail !!!. This has been almost 9 months of work but it is one of those things I could not let them get away with and I am quite laid back normally .

The win is only just sinking in, yesterday I got the letter from the court that said Judgement for the claimant . Today I got the cheque, I will really smile when it clears.

Thanks everyone for your advice and support.

 

Tryinhard x

Edited January 7, 2012 by Tryinhard

[Tryinhard]

Oh yes CB I forgot to mention about the costs not being everything paid out. That seems odd when you win and pay out £230 in costs (to the court) but only awarded £150. Also he gave £50 in witness costs (me) and said that is all he could award. We had to stay in a hotel and miss work. I do know that is now £90 but did not like to ask because perhaps he had only awarded me £50, it is a bit hit and miss and of course who am I to say anything otherwise.

That is an point of concern for others really, when you know what the amount should be and can't say anything in case the judge says "well that is all you are having" in which case ok but you don't really know if it is an error or not.

[citizenB]

You would need to speak to andyorch about the costs that can be reclaimed. However, it was my understanding that you could reclaim all issuing costs in respect of the claim.

 

Have a read of the thread in the link below. Post #19 will show how the Judge in that case awarded costs (with a cagger being the claimant and the defendant being a bank) - the last 1/2 dozen paragraphs.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?208966-Me-and-Them-SAR-non-compliance-claim.-**SUCCESS**/page2