Complying with CPR 16.5 and CPR 3.4(2) HELP

[pip1pip2]

Ignore what I’ve just deleted – court order says file and serve, so yes, send to court and claimant’s solicitor recorded.

 

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.

[DonkeyB]

Of course you can take it to court, but get a receipt.

[pip1pip2]

Of course you can take it to court, but get a receipt.

Never thought of that.

Thank you

[Desperate Daniella]

Make sure you sign the Statement of Truth on your Defence, not just on the form.

[Desperate Daniella]

I think you have done really well.

[pip1pip2]

Would not have been able to do this without your help:-)

Just wonder what happens next, never done this before:!:

[The Mould]

Would not have been able to do this without your help:-)

Just wonder what happens next, never done this before:!:

 

Next stage of these proceedings is Allocation Questionnaires (AQ), then Case Management Conference for directions.

 

Sit tight, your Defence (new/amended Defence) will hold up for you against this claim.

 

Kind regards

 

The Mould

[pip1pip2]

Next stage of these proceedings is Allocation Questionnaires (AQ), then Case Management Conference for directions.

 

Sit tight, your Defence (new/amended Defence) will hold up for you against this claim.

 

Kind regards

 

The Mould

 

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?

[Desperate Daniella]

If you can't find your case online then phone the court on Friday and make sure they have received the Defence.

 

If there is a Case Management Conference you should go, but you may just get Directions from the Court.

[pip1pip2]

If you can't find your case online then phone the court on Friday and make sure they have received the Defence.

 

If there is a Case Management Conference you should go, but you may just get Directions from the Court.

 

How do I find my case online?

[Desperate Daniella]

I have no idea. I thought you meant you were checking online with the Court because your Court has that facility, and sometimes people enter their Defence online for the Northampton Bulk Centre, which isn't the case here obviously. I think you meant you would check for the Recorded Delivery confirmation online but unless you are very lucky that won't go on for several days, and sometimes it takes weeks. I always phone the court. Make sure you always take the name of the person you speak to. If they don't have it by Friday lunchtime you'll need to hand deliver a second lot.

[pip1pip2]

I have no idea. I thought you meant you were checking online with the Court because your Court has that facility, and sometimes people enter their Defence online for the Northampton Bulk Centre, which isn't the case here obviously. I think you meant you would check for the Recorded Delivery confirmation online but unless you are very lucky that won't go on for several days, and sometimes it takes weeks. I always phone the court. Make sure you always take the name of the person you speak to. If they don't have it by Friday lunchtime you'll need to hand deliver a second lot.

 

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

[pip1pip2]

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

 

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.

[Desperate Daniella]

Hi,

 

You have done everything you can, and you just have to wait for the Court to get back to you. As The Mould says, your Defence should now hold up against the claim.

 

Sorry to use your thread, but if The Mould is around I wonder if he could go to

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?391068-Builder-has-ruined-our-lives.&p=4230923#post4230923

 

as they are having a nightmare with builders too, and I know you will sympathise.

 

Let us know when you hear from the Court.

 

DD

[pip1pip2]

Hi,

 

You have done everything you can, and you just have to wait for the Court to get back to you. As The Mould says, your Defence should now hold up against the claim.

 

Sorry to use your thread, but if The Mould is around I wonder if he could go to

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?391068-Builder-has-ruined-our-lives.&p=4230923#post4230923

 

 

 

as they are having a nightmare with builders too, and I know you will sympathise.

 

Let us know when you hear from the Court.

 

DD

Will do

[pip1pip2]

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

[Desperate Daniella]

Good morning,

 

The Allocations Hearing is about how the trial will run. It's not the Hearing about the litigation. I've never been to one, but I think you take your evidence and they might ask you about Alternative Dispute Resolution and where you stand on that.

[pip1pip2]

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.

[Desperate Daniella]

Hi there.

 

It sounds positive so far.

 

I expect the builder has now fallen out with his solicitor. The solicitor must have known that the builder's case was weak - may have actually advised him of that, but they went ahead anyway. Or the solicitor advised his client that it would be an easy win for him, and it hasn't been so the builder is livid.

 

(A couple of years ago I was up against a solicitor who told me I had no chance of winning a case, and it settled very satisfactorily for me - with great CAG help - with costs of £30,000 for his client! Solicitors can be very arrogant.)

 

It is up to the solicitor to advise the Court that he is no longer representing the builder, so you don't have to do anything there.

[pip1pip2]

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.

[Desperate Daniella]

That is shocking.

 

I think we can safely assume the builder did fall out with the solicitor as we suspected.

 

I can't believe the DCA would be so stupid as to put his threat in writing. I certainly think it is blackmail. You have mentioned B&B to the builder. He got the wrong end of the stick and now they are trying to blackmail you into paying up which indicates they know their position with the Court is weak and they have already upset the judge.

 

Which DCA is this?

 

The Mould and DonkeyB are subscribed to this thread and I expect they will be along later. Let's see what they think.

 

I think you could report them to the police for blackmail, but my hesitation is that they sound really nasty and you don't want bricks through the window, damage to your car, or anything like that.

 

So, what I would probably do is write back to this lowlife and say that you do not require planning permission for a B&B, that his letter is a clear attempt at blackmail and you have no alternative but to report it to the Judge. That may possibly make them back off.

 

Let's see what the others think.

[Old Cogger]

Send a complaint to the Regulators/trading standards etc, why mess around with the idiots?

[pip1pip2]

Send a complaint to the Regulators/trading standards etc, why mess around with the idiots?

 

But they have taken me to court.

[pip1pip2]

That is shocking.

 

I think we can safely assume the builder did fall out with the solicitor as we suspected.

 

I can't believe the DCA would be so stupid as to put his threat in writing. I certainly think it is blackmail. You have mentioned B&B to the builder. He got the wrong end of the stick and now they are trying to blackmail you into paying up which indicates they know their position with the Court is weak and they have already upset the judge.

 

Which DCA is this?

 

The Mould and DonkeyB are subscribed to this thread and I expect they will be along later. Let's see what they think.

 

I think you could report them to the police for blackmail, but my hesitation is that they sound really nasty and you don't want bricks through the window, damage to your car, or anything like that.

 

So, what I would probably do is write back to this lowlife and say that you do not require planning permission for a B&B, that his letter is a clear attempt at blackmail and you have no alternative but to report it to the Judge. That may possibly make them back off.

 

Let's see what the others think.

 

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

[Old Cogger]

But they have taken me to court.

 

 

 

see what the other s say later, but this stinks, so maybe action that way later, even thru Solicitors Reg Authority complaint but would need to fine line the sections listed in codes of practice set by them, there are a few by the looks of it!