Claim and Counter Claim builder gave an estimate to build an extension

[f16]

I've got one at the moment. All done on insurance,and in 30 years of building work, this place rates in my top 5 of "Dirty Holes" It was filthy, mould every where,disgusting bath, toilet kitchen the lot.

Like your husband took them at face value. Told them as it went along "You could have this it would be a better option but will cost extra"

Then you get the "oh while you hear", "could you just". "I know we chose the colour of the paint but we want this now" You give them the extras bill.

"Were not paying"

The flat I did was valued at £170,000 before the work, £265000 after. The additions by customer £4500. That was October still no money!!!!

[maddiemay]

I think if you drop it, it can't go any further as it was you who brought the claim. But why would you want to drop it!

[maddiemay]

What is defendant counter claiming for?

[maddiemay]

Just asking in case you do decide to drop it, in which case he'll have the upper hand in knowing you don't want to go to court, then may issue proceedings against you for whatever it was he was counter claiming for, then if you don't defend, he'll automatically get a judgement.

[dillon21]

Just asking in case you do decide to drop it, in which case he'll have the upper hand in knowing you don't want to go to court, then may issue proceedings against you for whatever it was he was counter claiming for, then if you don't defend, he'll automatically get a judgement.

 

We have today with the counter claim received a load of paper work from a building surveyor he's employed to write up a report which by the sounds of it my husband us the biggest cowboy out there the counter claim is for the money it's cost to finish the work

[f16]

Totaly agree with MM#29. If you drop the case you will lose £XXXXX Costomer will then file a claim in SCC for his counter claim.

[caro]

A counterclaim is a separate issue. Just because you drop your claim doesn't mean the counterclaim is dropped. You would still need to defend it and go to court to fight your corner.

 

What you could do is negotiate and see if you can both agree to drop your claims.

[BankFodder]

Use our admin address.

 

Don't think about throwing in the towel yet.

I can see several angles on this which probably haven't occurred to your legal advisor - but we would need to see the papers first.

 

However, if you email documents to us you will need a scanner. You can get an excellent one from PCWorld for about £50

[maddiemay]

Agree with Bankfodder, don't give up, it's probably hot air in the surveyors report, making trivial things sound worse than they really are, particularly as the job isn't finished, lots of things don't look up to standard during construction, and it would have to be dangerous, not up to building regs, or quite obviously really bad workmanship, for a court to rule against you in my opinion.

 

Strange how the customer didn't query the workmanship until you issued legal proceedings!

We had the same with a surveyors report, we went through it addressing every single 'defect' one by one, it really was ridiculous the things they were saying! Your husband, as mine did, being hands on builders know far more about the actual construction, than some suited surveyor who has never picked up a hammer in his life!

 

I think it's called 'drop hands' when both parties agree to not pursue any further.

 

 

Do whatever you can to get the documents scanned to CAG, that way you will get the help you need. In the meantime google construction disputes to gain a bit of knowledge.

[caro]

Just to clarify, I wasn't suggesting you give up dillon, but just clarifying that dropping your own claim would not stop the counterclaim going ahead. Of course the defendant isn't going to want to explain away why they haven't paid, but IMO if he's done work that has been agreed then he should be paid for it, so don't give up! By the way, I got a very good Canon wireless scanner/printer for £30 from PC World if you were thinking of investing.

[dillon21]

Court Papers

[BankFodder]

Sorry - but they are so small, they can't be read. You will have scan them and email them.

I sent you an email an hour ago inviting you to let me have your contact details

[f16]

dillon21, there is a whole "SALVO" of CAGGERS ready to help "cut" this customer down to size.

You can win this,

[2ltr16valve]

Dillion stick with it we are all here too help. Just get them papers up in a readable format for us an we can all whip this customer

[f16]

the counter claim is for the money it's cost to finish the work

 

Your husband could not finish the work on the original estimate because of additional works carried out that he was unaware of when he started the job.

Your husband has spent your money (in good faith) on the additions..... Not been paid... and had to try to argue to get paid by stopping work.

Customer pulls in a surveyor and another contractor to "finish the job"

Not your problem, he still owes for the work your husband has done

 

There is an old saying in this game. "Machines run on diesel, man runs on food". It's about time he paid for some of it

[dillon21]

Just a quick question

 

if you make a claim against someone and they counter claim

 

then you decide to drop case because of cost of £325 to be paid to court and cant afford that

 

they say we can will the counter claimant automatically win his counter claim t

 

his as been tracked to a hearing at small claims court on the 2/4/2014

 

this is also causing so mush stress

 

so just want to put all behind us

 

have wrote to counterclaimant to ask if he is prepared to move on fro this

 

but have heard nothing

 

he doesn't have to pay the £325

 

so suppose he has nothing to lose

 

Many Thanks have had some great advice from here

[mjt2013]

If you don't pay then your claim will be struck out but the counterclaim will proceed, it won't win automatically though and will still have to be proved.

[Andyorch]

But you was aware of the charges when you issued the claim dillon...which you will recover should your claim achieve success.The defendant issuing a Part 20 counter claim does not seem to be a basis to back down ?

 

I assume its quite a considerable claim in view of the costs you refer to and yet still small claims?

 

Regards

 

Andy

[dillon21]

Could someone please tell me what appealing to have an order set aside varied or stayed actually mean

Many thanks

[Andyorch]

You don't appeal you make application using the N244 to set a side vary or stay an Order/ claim.

[dillon21]

need to fill you in a bit

 

we are on verge of going to court 3rd April

 

all paper work had to be in by 14th March which it was

 

at the same time my husband put in a form to be able to use a statement from an expert

it cost £80

 

today have received a n244 form saying upon considering the papers dated xxxxxx issued by the claimant Copy attached( they weren't )

And upon the court noting there is no evidence that the claimant has raised with the expert Mr xxxxxxx relied upon by the defendant

and written questions concerning any matters in the report of that.

 

Expert with which the claimant does not agree

 

It is ordered thar

 

The application of the claimant dated xxxxxxxxx is dismissed

 

Because this order has been made by the court Without considering representation from the parties

the parties have the right to apply to have the order set aside varied or stayed

 

We thought we had done everything right and would answer the experts report in court

not on a form sent to the court

 

Having a breakdown over this case thought small claims meant for the layman

[dillon21]

Anyone please

[Andyorch]

Dillon as we know nothing about the claim or counter-claim and its contents it is very difficult to advise...you are going to have to flesh the bones here a tad.

 

Regards

 

Andy

[dillon21]

Dillon as we know nothing about the claim or counter-claim and its contents it is very difficult to advise...you are going to have to flesh the bones here a tad.

 

Regards

 

Andy

If you look in my other post customer won't pay is that any help all I was hoping for at the moment was a bit of advice on how to reply to this letter about setting aside state for varied épée now need to get a way of having. The witness statement used in the hearing

[Andyorch]

Ah that's were the history is and why we advise never to start multiple threads on the same matter.

 

Threads merged and moved to the appropriate forum.

 

Regards

 

Andy