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Roofer did shoddy work and has now filed court claim against me


Kinger122
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I completely agree with all of your comments kinger22. The building inspector's attitude does surprise me. Although at the end of the day I'm not sure if it is too important. If your contract was for a 15 degrees roof (and you should try and prove this) then they should have built a 15 degrees roof.

 

I should point out that, unfortunately, there is not a great chance of recovering damages for suffering/disruption/inconvenience. These are known as loss of amenity damages which are usually only recoverable in contracts where the underlying purpose is amenity (e.g. a contract for a holiday to Spain) not for something like a construction contract. Although I guess there is no great harm in asking and related costs like heating, alternative accommodation if used etc. should be recoverable.

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Thank you all. I hope you had an enjoyable and peaceful Christmas. I cannot wait till this is over. After spending a long time last night submitting the defence and counterclaim, I have just received the particulars this morning. I cannot believe this. The details are the following;

 

· On or around 19th October 2013 the defendant telephoned the offices of the claimant to arrange an appointment for the claimant to attend the property

 

· On or around 20th October 2013 the claimant attended the property to survey the works which were required

 

· The defendant was supplied with a written quotation of works to be carried out and was also given a contract of acceptance form and the claimants terms and conditions.

 

· The defendant engaged the claimant by way of accepting the claimants terms and conditions and signing the contract of acceptance

 

· The signed contract of acceptance was delivered to the claimant on or around 30th October 2013

 

· The defendant stipulated the work was to be booked in immediately and therefore the claimant began work on the 31st October 2013

 

· The claimant assigned a squad of 3 men to commence works

 

· The claimant’s employees attended the property on the following days: 31st October 1st November, 6th 7th 8th November and again 12th 13th and 14th November.

 

· During this period the claimant also provided sub-contractors to carry out other works required to complete the contract

 

· On or around 14th November 2013 ta building inspector employed by xxxx city council attended the property to engage with the defendant and claimant to ensure the works were compliant

 

· Again on or around 20th November 2013 the building inspector was requested to return to return to the property to confirm the works had been completed to a satisfactory acceptance

 

· Following the appointment the defendant approached the claimant and stated the work was incorrect and required rectification

 

· The claimant offered the defendants options to bring the work to the defendants satisfaction despite the work having already found satisfactory with building control

 

· The defendant rejected the claimants offer and informed the claimant he no longer required the services of the claimant and refused further access to the property

 

· The claimant raised the necessary sales invoice for works carried out at the property as per the signed terms and conditions attached to the said contract.

 

· The defendant has breached the contract and in particular clause 1 and 2

 

That is the end of the particulars I was sent today.

 

There have been the following documents attached to the particulars as separate documents

 

· The email correspondence stating that “3x velux windows in accordance with manufacturers specification……. Payment will be made after building inspector approval however this must fall within our 5 day payment procedure”

 

· Copy of the contract we signed- I also added a term stating “in addition to the email you sent earlier today (referring to the previous point)

 

· The Terms and conditions of the contract- Point 1 refers to properties which are in a dangerous condition and the right of the company to terminate the agreement and still demand money. It also states that any variations must be agreed in writing and agreed with the customer and the company.

 

The relevant points in point 2 are “customer will not interfere with the work of xxxxx. If the customer fails to permit xxx suitable access for xxx to complete its contractual obligations xxx shall be entitled to treat the contract as repudiated and shall be entitled to receive from the customer the contract price.

 

 

Hello Kinger, & please note that I wish you and your family a Merry Christmas and a very happy New Year.

Thank you for your reply, please forgive me for this late response to the same.

It should be noted by this Court that the Claimant clearly promised in his N1 claim form (State the date here), that his particularised statement of case would be served on the Defendant within 14 days of service of his N1 Claim firm, no such service nor promise was ever undertaken and completed by the Claimant and that only on the (state date here) did the Claimant serve his particulars of claim on you, which you consider to be served deliberately late in order to frustrate these proceedings, as no explanation has been provided by the Claimant for such late service of his particulars of claim.

You have submitted a proper & professional holding Defence & Counterclaim against this claim by the cowboy roofer/builder, and, pursuant to the agreed contractual relations entered into with the Claimant, you have not, as alleged by him, defaulted nor broken any of the terms and conditions of the contract, therefore, hold tight, I am still at your side and I am absolutely certain that all Cag members following your case are there by your side also.

“Again on or around 20th November 2013 the building inspector was requested to return to return to the property to confirm the works had been completed to a satisfactory acceptance”

 

 

According to your posts (no disrespect intended to you my dear fellow), at the crucial point in this matter, that is, “on or around the 20th November 2013 the building inspector was requested to return to return to the property to confirm the works had been completed to a satisfactory acceptance”.

It should be noted by this Court that the local authority’s building inspector attended the property in question on or about the 20th November 2013 to inspect the works undertaken by the Claimant and any of his sub-contractors. The building inspector - (state his name here) , concluded that the roofing works were deficient and did not comply with building regulations & that the Claimant would need to provide me with a Guarantee for the same before the local authority would ever provide me with a building regulations certificate in relation for the said works undertaken by him (the claimant) on my home, therefore, he (the building regulations inspector) could not issue any building regulations certificate, unless the works were put right pursuant to the relevant building regulations applicable to the works in dispute that were undertaken by the Claimant and any and all subcontractors employed by him for the same..

The Claimant must answer and either deny or accept your Counterclaim, he must do this by way of Defence against the same.

In respect of the above quotation, stated from the Claimant, clearly shows that in or around the 20th November 2013, the local authority’s building inspector refused to issue a Building Regulations Certificate in respect of the works carried on your property by the Claimant, because the same did not comply with said regulations and was, therefore, in fundamental breach of the Claimant’s obligations to undertake and install the said roofing works, not only in accordance with the contract he relies upon but also in accordance with Building Regulations; the Claimant has failed to comply with either of the same.

In the light of the foregoing facts, it is denied that the Defendant is indebted to the Claimant as alleged or at all, and that it is the Claimant who is the contract breaker in this matter and, as of the date hereof, the Claimant has failed to produce to this Court any credible evidence to the contrary.

I respectfully request, in the light of these facts, that this Court exercises its powers under the overriding objectives of the CPR and either dismiss the claim in its entirety or Order the Claimant to file and serve credible tangible evidence in support of his claim within 7days of service of the Court’s Order, in default of which his claim shall be struck out without further Order.

I sincerely hope that the foregoing, or at least some of it will be of help to you Kinger.

Kind regards

The Mould

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Thank you for your reply TheMould and everyone else, and I hope you and your family have a happy new year. Please forgive my ignorance, but what I am supposed to do with the information you have provided? Will this be put in my defence again once the claim is allocated to the relevant track?

 

Will both the claim and the counterclaim run concurrently? or will they be combined?

 

Also I forgot to mention that the date and signature of the particulars of the claim was 16th December which conveniently is the 14th day. However I believe that it was not posted until much later.

 

Shall I scan the full particulars of the claim and the terms and conditions or is this not necessary? I don't want to bombard you with unnecessary paperwork.

 

 

Do I just wait now until the court contacts me regarding the next step?

 

 

May I say again I am extremely grateful for all the help I have received so far.

 

Happy new year all

 

Kind regards

 

Kinger

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Thank you for your reply TheMould and everyone else, and I hope you and your family have a happy new year. Please forgive my ignorance, but what I am supposed to do with the information you have provided? Will this be put in my defence again once the claim is allocated to the relevant track?

 

Will both the claim and the counterclaim run concurrently? or will they be combined?

 

Also I forgot to mention that the date and signature of the particulars of the claim was 16th December which conveniently is the 14th day. However I believe that it was not posted until much later.

 

Shall I scan the full particulars of the claim and the terms and conditions or is this not necessary? I don't want to bombard you with unnecessary paperwork.

 

 

Do I just wait now until the court contacts me regarding the next step?

 

 

May I say again I am extremely grateful for all the help I have received so far.

 

Happy new year all

 

Kind regards

 

Kinger

 

 

Kinger

 

Perhaps post them [particulars] on here in entirety, including the terms of the contract for reference.

 

Yes, the court will probably join the 2 without any intervention

Edited by Mike_hawk
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I have scanned and copied the particulars and an email from the building inspector. The email I will post here as it is text not an image.

 

This was an email which the building inspector forwarded to me after the roofing company owner contacted the building inspector for confirmation of what was said prior to court proceedings (presumably to try corroborate his court claim against me)

 

Hello (roofing company),

 

When I visited site on 4/11/13 it was noted that although your roofer had measured the built-up roof at 15 degrees my measurements indicated approximately 13.5 degrees. We discussed stripping and raising the roof, which you said would require new windows to be installed on the rear of the house. Your feelings were that you were very certain that there would be no problem with the Velux flashings laid at the current pitch. I said I would discuss with my colleagues in my office as to whether this could be accepted by Building Control.

 

On 5/11/13 I confirmed to (Kinger) by phone that, due to the very small margin involved, if he was satisfied with (roofing company’s) written guarantee on the roof coverings and the roof window flashings, it would then be reasonable for me to accept the roof at its current pitch.

 

The following email was sent to Mr (Kinger) in confirmation and it was later copied to you.

 

Mr (Kinger) has since informed me that the roof is leaking when tested, but I appreciate that it is your assertion that the roof window flashings have been damaged since you completed the works and will now require repair. I understand that your guarantee is invalid until this matter is resolved.

 

I trust this is satisfactory confirmation for your purposes. A copy of this email has been sent to Mr (Kinger) for his own records.

 

Thank you,

(Mr Building Inspector).

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Kinger122 to small to read mate.

 

Dx100 – Instructions on uploading pdfs

Scan the required letters/agreements/sheets

as a picture file

remove all personal info including barcodes etc. using paint

but leave all figures and dates.

Go to one of the many free online pdf converter websites

convert the image to pdf format.

or if you have PDF as an installed printer drive use that

open a new message box here

hit go advanced below the message box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

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Then hit reply button

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  • 2 weeks later...
I have scanned and copied the particulars and an email from the building inspector. The email I will post here as it is text not an image.

 

This was an email which the building inspector forwarded to me after the roofing company owner contacted the building inspector for confirmation of what was said prior to court proceedings (presumably to try corroborate his court claim against me)

 

Hello (roofing company),

 

When I visited site on 4/11/13 it was noted that although your roofer had measured the built-up roof at 15 degrees my measurements indicated approximately 13.5 degrees. We discussed stripping and raising the roof, which you said would require new windows to be installed on the rear of the house. Your feelings were that you were very certain that there would be no problem with the Velux flashings laid at the current pitch. I said I would discuss with my colleagues in my office as to whether this could be accepted by Building Control.

 

On 5/11/13 I confirmed to (Kinger) by phone that, due to the very small margin involved, if he was satisfied with (roofing company’s) written guarantee on the roof coverings and the roof window flashings, it would then be reasonable for me to accept the roof at its current pitch.

 

The following email was sent to Mr (Kinger) in confirmation and it was later copied to you.

 

Mr (Kinger) has since informed me that the roof is leaking when tested, but I appreciate that it is your assertion that the roof window flashings have been damaged since you completed the works and will now require repair. I understand that your guarantee is invalid until this matter is resolved.

 

I trust this is satisfactory confirmation for your purposes. A copy of this email has been sent to Mr (Kinger) for his own records.

 

Thank you,

(Mr Building Inspector).

Hello Kinger and happy New Year to you and your family

You have submitted a Counterclaim, therefore, the dodgy roofer must file his Defence against the same, otherwise, your Counterclaim will run as the claim in this matter.

As regards the email from the building control inspector, the material set out therein does not offer the dodgy roofer any evidence to rely upon, that is to say that the works to which the said email relates to clearly shows that said works are deficient and that the local authority is only prepared to issue a Building Regulations Certificate for the same if and only if said roofer is prepared to supply Guarantee for the works undertaken by him.

Did dodgy roofer ever offer any such Guarantee to you for these roofing works? Further, the pitch of the installed roofing works are clearly inadequate and it appears that such pitch does not conform to either a) building regulations; b)velux windows installation requirements and; c)the contract agreed and entered into with you by the dodgy roofer.

In my considered opinion, based upon all of the facts of this matter posted here by you Kinger, said dodgy roofer has a case that is bad in law, unsubstantiated and one which he is unable to advance.

Kind regards

The Mould

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Thank you for your reply Themould

 

I had started to get a bit worried as I had not heard from you in a while. I assumed you were recovering from new year celebrations ;-).

 

The roofing company offered a guarantee but it is not valid until they receive full payment. The first time I called him when the roof was leaking his attitude completely changed and he said that he would charge a call out fee if there was no leak. I replied to him that why would I lie about a leak and call you out for?

 

I believe he had no intentions of providing any sort of warranty work and in a way I am glad things turned out the way they have. Imagine if my house got ruined years down the line and he refused to honour the warranty

 

I have also received the allocation of track and I have till the 17th

 

Its asking

 

Do I agree with small claims track?

 

A payment of £40 is due payable by claimant unless proceeding on counterclaim only. I am confused as whether I pay this? Is it proceeding on counterclaim only? I havent a clue whether claimant or defendant should pay

 

Fee of £210 is due. I am on low income and I don't fully understand the documents. Am I right in just sending proof of income when I return the allocation form and putting zero in the fee box?

 

At which court do I want the hearing and why? I would want it local but what reasons do I put? The builder is not too far from me.

 

Expert evidence. Obviously I am going to put a yes,

 

Witnesses? Am I the only witness required? Or can I put spouse son etc?

 

Thank you very much,

 

Kind regards

 

Kinger

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Thank you for your reply Themould

 

I had started to get a bit worried as I had not heard from you in a while. I assumed you were recovering from new year celebrations ;-).

 

The roofing company offered a guarantee but it is not valid until they receive full payment. The first time I called him when the roof was leaking his attitude completely changed and he said that he would charge a call out fee if there was no leak. I replied to him that why would I lie about a leak and call you out for?

 

I believe he had no intentions of providing any sort of warranty work and in a way I am glad things turned out the way they have. Imagine if my house got ruined years down the line and he refused to honour the warranty

 

I have also received the allocation of track and I have till the 17th

 

Its asking

 

Do I agree with small claims track?

 

A payment of £40 is due payable by claimant unless proceeding on counterclaim only. I am confused as whether I pay this? Is it proceeding on counterclaim only? I havent a clue whether claimant or defendant should pay

 

Fee of £210 is due. I am on low income and I don't fully understand the documents. Am I right in just sending proof of income when I return the allocation form and putting zero in the fee box?

 

At which court do I want the hearing and why? I would want it local but what reasons do I put? The builder is not too far from me.

 

Expert evidence. Obviously I am going to put a yes,

 

Witnesses? Am I the only witness required? Or can I put spouse son etc?

 

Thank you very much,

 

Kind regards

 

Kinger

 

 

Hello Kinger

 

 

I shall respond to the above shortly (might not be today).

 

 

When is the latest date for filing of your AQ?

 

 

Kind regards

 

 

The Mould

 

 

Who is not well at present and has a seriously ill wife. Not ignoring you Kinger, please be patient as I will not leave your side until this matter is concluded.

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Thank you for your reply Themould

 

I had started to get a bit worried as I had not heard from you in a while. I assumed you were recovering from new year celebrations ;-).

 

The roofing company offered a guarantee but it is not valid until they receive full payment. The first time I called him when the roof was leaking his attitude completely changed and he said that he would charge a call out fee if there was no leak. I replied to him that why would I lie about a leak and call you out for?

 

I believe he had no intentions of providing any sort of warranty work and in a way I am glad things turned out the way they have. Imagine if my house got ruined years down the line and he refused to honour the warranty

 

I have also received the allocation of track and I have till the 17th

 

Its asking

 

Do I agree with small claims track?

 

A payment of £40 is due payable by claimant unless proceeding on counterclaim only. I am confused as whether I pay this? Is it proceeding on counterclaim only? I havent a clue whether claimant or defendant should pay

 

Fee of £210 is due. I am on low income and I don't fully understand the documents. Am I right in just sending proof of income when I return the allocation form and putting zero in the fee box?

 

At which court do I want the hearing and why? I would want it local but what reasons do I put? The builder is not too far from me.

 

Expert evidence. Obviously I am going to put a yes,

 

Witnesses? Am I the only witness required? Or can I put spouse son etc?

 

Thank you very much,

 

Kind regards

 

Kinger

Thank you Kinger for your above reply.

 

I shall go through each relevant paragraph as posted above.

 

As regards the first para, unfortunately I am very unwell and have been for well over a year now, my wife is seriously unwell (since 2004) and we have two young children, whom I refer to as my superdudes, 90% of my time is devoted and taken up with my family. I am endeavouring to continue to help as many fellow Cag members as possible, however, in the light of the foregoing this is becoming increasingly difficult, I have not, however, forgotten you or your case, in this respect, please be patient with me.

 

In relation to the second para, the works carried out by the roofing company were deficient and water damage was being caused to the improvements as a consequence of such, you were not, therefore, prepared to part with any further of your monies until the roofing company came out and put the roofing works right and in accordance with building regulations and the contract to which said roofer’s conscience was bound. In these circumstances, it was unreasonable for roofing company to make demands for more payments before agreeing to come out to site and inspect the works complained of undertaken by him – or his sub-contractors.

 

The Guarantee offered by the Claimant is, therefore, invalid and of no effect and certainly no enforceable effect under English contract law. The Claimant has failed to fulfil his obligations under the contract for the roofing works.

 

Again, it should be noted that the local authority refused to issue any building regulations certificate in respect of the roofing works and it noted that the installation of the same was a couple of degrees under the required regulations and non-compliant with velux windows manufacturers requirements. It should also be noted that the roofing works undertaken by the Claimant, do not conform with the agreed contract he entered into with me nor does the same conform with any of the said foregoing local authority’s requirements nor velux windows installation requirements, hence the leaking in these roofing works and the damage it continues to cause as a direct result of the roofing works undertaken by the Claimant. The Claimant is in fundamental breach of the contract, he is the contract breaker, his roofing work at my property does not comply with the requirements of the local authority’s building regulations and velux windows recommended requirements for the installation of the same and the said roofing works do not comply with the contract agreed and entered into with the Claimant in respect of the same.

 

You can put spouse & son as lay witnesses, and at the appropriate time in accordance with Court directions, they must file and serve their witness statements.

 

Accordingly, in the light of the foregoing, the claim out to be struck out in its entirety.

 

In my opinion, the be all and end all of this matter, is the fact that your local building authority, in particular, building control, which is the only relevant department thereof, refuse to provide you with a building regs certificate and that the works installed are deficient and leaking and causing damage to your property!

 

You can submit all of the above in your witness statement.

 

Yes it is small claims track.

 

If the Claimant/part 20 Defendant does not answer your Counterclaim, then yes, you must pay £40 fee. The £210 fee will be payable by you if the Claimant/part 20 Defendant does not answer your (Defence) & Counterclaim within 14 days of service of such. If you are on a low income, then you may be exempt from payment of Court fees - research this area on Ministry of Justice web site.

 

Fee of £210 is due from the Claimant- (the dodgy roofer) for the continuance of his claim. The Court staff could be confused by this matter, as they are not legally trained and they will be working to a script on the process that they cannot detract from. (confusing isn’t it)

 

If the claim proceeds as a Counterclaim, then the case may be heard at the local County Court of the dodgy builder. If you are unwell or unable to travel to his County Court, then you can state that the matter ought to be heard at your local County Court due to ill health or inability to travel or some other valid reason.

 

I hope that the foregoing is of some help to you.

 

Godzilla.

 

If not, post any further concerns back here and hopefully I and others will help you all we can.

 

Kind regards

 

Your eternal friend

 

The Mould

Edited by The Mould
mispelt wording
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Has it served/filed defence to your counterclaim?

 

I am not sure exactly what you mean. I filled in the counterclaim on the MCOL website. I then received the questionnaire document which also requested payment of £220 for the counterclaim I believe. I then filled in the questionnaire and returned it. I have not received anything since. I filled in the particulars of my counterclaim online at the same time when I had written my defence.

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  • 2 weeks later...
  • 2 weeks later...

What a nightmare for you, particularly with the weather as it is! Hope all goes well for you, and you get the outcome you want. As a builders wife I am appalled at the dreadful treatment you have had from this company!

There should have been no questions asked regarding the pitch, it should have been put right and new windows installed at the roofers expense, end of! His fault his loss!

 

One of our lads forget to cover in overnight a small part of a roof a while back, the customers curtains got wet, and without hesitation we agreed to pay for new ones, at a cost of over £3,000, yes £3,000! And they were about 20 years old! But the continued work my husband has had since, from that customer, far outweighs it.

 

Good luck

 

Maddie

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What a nightmare for you, particularly with the weather as it is! Hope all goes well for you, and you get the outcome you want. As a builders wife I am appalled at the dreadful treatment you have had from this company!

There should have been no questions asked regarding the pitch, it should have been put right and new windows installed at the roofers expense, end of! His fault his loss!

 

One of our lads forget to cover in overnight a small part of a roof a while back, the customers curtains got wet, and without hesitation we agreed to pay for new ones, at a cost of over £3,000, yes £3,000! And they were about 20 years old! But the continued work my husband has had since, from that customer, far outweighs it.

 

Good luck

 

Maddie

 

Thank you for your kind words. If only all builders were so reasonable; and it shows that good customer service does pay. I have since learned I should never have been so trusting just because a company was large and reputable. Fortunately I have contracts etc. to back me up, but I think I will go with a private individual in the future and thoroughly vet them.

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Hello everyone, I have received the "allocation to the small claims track" letter which has provided a date in April.

 

The letter states that the judge considers this case suitable for mediation and that it has been stayed to enable parties to attempt settlement. I find this frustrating as it was the company which jumped straight to the court stage after I tried to get them to complete the work to the agreed contract. Will it go against me if I do not contact the company director to try to attempt mediation?

 

The letter does not state anything with regards to the expert witness. I am not sure if I can instruct the witness or not here.

 

It also states that the hearing fee is due by the claimant. Am I right to presume this is the roofing company even though I have put a counter claim in?

 

Any additional advice would by much appreciated as this is my first court case ever.

 

I hope you and your family are well TheMould, and any input is, as always, much appreciated.

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Hello everyone, I have received the "allocation to the small claims track" letter which has provided a date in April.

 

The letter states that the judge considers this case suitable for mediation and that it has been stayed to enable parties to attempt settlement. I find this frustrating as it was the company which jumped straight to the court stage after I tried to get them to complete the work to the agreed contract. Will it go against me if I do not contact the company director to try to attempt mediation?

 

The letter does not state anything with regards to the expert witness. I am not sure if I can instruct the witness or not here.

 

It also states that the hearing fee is due by the claimant. Am I right to presume this is the roofing company even though I have put a counter claim in?

 

Any additional advice would by much appreciated as this is my first court case ever.

 

I hope you and your family are well TheMould, and any input is, as always, much appreciated.

 

 

Mediation may be useful kinger, did you not receive contact numbers with the notice? It's standard protocol and [my thoughts] really designed to extend the need for the courts intervention. You don't speak directly to the other side as its a 3 way conversation much akin to the fos [only a tad quicker]

 

SJE will be discussed and possibly agreed at initial hearing........ not an expense either party should consider yet until the dj has read the papers.

 

Yes, hearing fee is payable by the claimant unless proceeding on the counterclaim alone....... bliddy expensive business trying to get a few bob back even in small claims :-(

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