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

[Kinger122]

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

 

Hi Mike, sorry for the late reply. I sent another email to the company trying to resolve it before the court hearing. I got ignored, so I can only assume this will go in my favour.

 

I was wondering if you or anyone else can give me any advice on how to prepare my documentation for the court hearing. I am not asking for someone to write it for me just some useful advice as this is my first time doing such a thing. I was thinking about doing the following:

 

 

1. Introduction and Contents page
   
2. Background of Case
   
3. Contract and other essential Documentation with explanations
   
4. Conclusions and reasons why the Claimant is wrong and I am right
   
5. Any other useful documentation and evidence, labelled and numbered which will be referenced in the earlier text.
   

 

I have to submit the documents to the other party and the court two weeks before so I only have about a week left.

 

TheMould, I have not heard from you in a while. I hope you and your family are well. I would also really appreciate any input you have as I would not have been able to come this far without you valuable inputs either.

 

Is it a good idea to upload here my documents once I have done them, or is that not a good idea?

 

Thank you.

 

Kind regards

[Mike_hawk]

Was there anything else contained within the previous notice or was it purely to order the stay for mediation?

[Kinger122]

Was there anything else contained within the previous notice or was it purely to order the stay for mediation?

 

I am not sure what you mean. It said there was still the option of mediation, and if that did not go ahead then the court date would stand. It also said the rules regarding providing your evidence and witness statements

[Mike_hawk]

I am not sure what you mean. It said there was still the option of mediation, and if that did not go ahead then the court date would stand. It also said the rules regarding providing your evidence and witness statements

 

Could you post the content of the notice/directions. It would assist if we knew what the judge ordered regarding disclosures/evidence etc pre trial.

[Kinger122]

Hi Mike,

 

Thank you again for your reply. Unfortunately it seems the others have stopped following this thread. I have had some stressful things going on so sorry for the delay. The claimant sent a man purporting to be a bailiff who delivered witness statements of all the builders on the job who claim that they were abused, videos and harrassed repeatedly on the job. This man tried to get me to sign a statement which I refused. All the witness statements are lies and it has been really upsetting.

 

As you requested:

 

"The judge considers your case suitable for mediation and you are therefore encouraged to use the small claims mediation service.

 

****It then explains the mediation service****

 

Preparation for the hearing:

 

1 The parties must file at the court and serve on the other party no later than 14 days before the hearing the following:

 

a) all copies of all documents on which they wish to rely

b) statements of all witnesses (this includes bother the claimant and defendant) upon whose evidence you wish to rely

 

The statements shall be typed, dated and signed by the witnesses and stating that he/she believes that the facts stated in the witness statement are true.

 

2. all original documents should be brought to the heating

 

3parties should not that if they do not file and serve documents and statements as set out above then the court may decide not to admit the evidence of the party in default.

 

The court must be informed immediately of the case is settled by agreement before the hearing date.

 

***It then states the guidance on back listing***

 

Mike I should have the full defence prepared tonight. Can I email it to you to have a look at? It is the first time I have ever written a defence so any pointers or advice would be much appreciated as I am really getting desperate and cannot afford a lawyer or any professional advice.

 

My son has also discovered a recording he has where the builders admit that the owner is in the wrong and has deliberately caused the delay and inconvenience. This makes all his witness statements lies. Can I mention in my statement that I have this recording. I am getting my son to write up a transcript in case I can use it. Can I submit a CD with the recording on and the transcript. The horrible lies they have all written in their witness statement have really angered me.

 

I hope you are online today Mike.

 

Thank you in advance.

[Kinger122]

[ATTACH=CONFIG]49761[/ATTACH][ATTACH=CONFIG]49761[/ATTACH]

[honeybee13]

I'm sorry Kinger, I can't read the jpeg. If I magnify it, it goes blurred. Would you be able to resave it as a pdf please?

 

HB

[Kinger122]

That statement is just an example of one of the many statements the builder has filed against me.

 

Honeybee. I changed the file to pdf.

[silverfox1961]

Hi Kinger.

 

can you please re-edit the statement as it contains a name. I have unapproved it for now

[Kinger122]

[ATTACH=CONFIG]49763[/ATTACH]

Hi Kinger.

 

can you please re-edit the statement as it contains a name. I have unapproved it for now

 

Sorry Silverfox. I did not realise I had left that in. I don't know how to delete the other pdf documents. Can you do that for me please.

 

Which documents shall I upload? I can upload my full witness statements redacted but I am not sure if I should. Can anyone advise me please?

 

Thank you

[Kinger122]

I'm sorry Kinger, I can't read the jpeg. If I magnify it, it goes blurred. Would you be able to resave it as a pdf please?

 

HB

 

I uploaded the pdf. This is one of the many similar statements I received.

[Mike_hawk]

Are any of the witness statements signed?

 

I thought your defence had been filed weeks ago? The order directs you to file and serve your witness evidence (statement/s) along with any supporting documents ( contract etc).... Have you prepared a statement and if so could you post a copy on here?

 

Recording... transcript should be allowed, copy digital recording could be taken to the hearing if any of the content is brought into question.

[Kinger122]

Are any of the witness statements signed?

 

I thought your defence had been filed weeks ago? The order directs you to file and serve your witness evidence (statement/s) along with any supporting documents ( contract etc).... Have you prepared a statement and if so could you post a copy on here?

 

Recording... transcript should be allowed, copy digital recording could be taken to the hearing if any of the content is brought into question.

 

Thanks Mike. The statements are all signed. Ill be working through the night to get this finished as I have work tomorrow. Ill paste hear what I have done so far. It is far from finished though.

[Kinger122]

The Contract

A contract was proposed by xxxxx(Manager/Quantity surveyor) on xxxxx (Doc 1). The price agreed was £xxxxxx and a diagram showing the dimensions and pitch of the roof was provided (Doc 2). Some points were clarified with xxxxx via telephone, who sent a follow up email on the same day stating that Velux windows were to be installed in accordance with manufacturer specifications, and payment to be made after building inspector approval (Doc 3). All materials were provided by the Defendant, except:

· Breathable felt

· Timber battens

· Lead flashings (against brickwork)

· Firings to establish correct roof pitch

· Rainwater soffit board, fascia board and fixings and fittings

(See Doc 4)

 

In addition to the contract was the installation of a smaller UPVC window purchased by the defendant which would need to be installed due to the proposed roofline hitting the existing larger window. This was included in the price and was verbally agreed over the phone.

 

 

 

 

 

 

 

 

 

 

 

 

Background

· xxxxxxxx which trades at xxxxx was approached by the Defendant to erect a roof on a rear extension of his property. This was agreed to be completed within a timescale of three days, starting on the xxxx and to be completed on the xxxx. The claimant was contracted due to them stating their ability to start and complete the work promptly, as the property was being exposed to the outdoor elements due to the nature of the rear extension. (See Doc 1,2,3,4)

 

· The workers did not attend as agreed on the xxxxx and numerous phone calls were made over to ascertain the reasons why, however no reason was given. The work began on the xxx and was carried out in a disorganised manner. The workers had to keep coming back and forth until around the xxx. The behaviour of xxx employees, in particular xxxx was unacceptable. This member of staff stated numerous times how this job had been under-priced and that it was a “headache” for him to complete. He was abusive and damaged property, in particular the UPVC window purchased by the Defendant which was to be fitted by the Claimant. (See Photographs in xxxxxx Witness Statement).

 

· On the xxxxx the building inspector xxxxx attended to inspect the roof which had been partially completed but required noggins brackets and finishing touches to be completed at the building inspector’s request (It should be noted that the roof had not been water tested). He noted that the pitch was not sufficient however the Claimant stated that “his feelings were that you were very certain that there would be no problems with the Velux flashings laid at the current pitch. Mr xxxx said he would discuss with his colleagues with building control whether or not this could be accepted. (Doc 5)

 

· On xxxx the Defendant’s bedroom window was replaced to allow the lead flashings to be completed around the edges of the roof. Up till the xxxxthis time period and the room was inhabitable due to the extreme cold and mess left by the workers. (See Photographs in xxxxx Witness Statement) A number of days elapsed before a replacement window was installed by the Claimant, albeit of a different style and character to the other windows and remains unfinished to date. The claimant acknowledged the damage and complaints against his employee. He stated in particular that this employee had numerous personal issues, and for the complaints to be put in writing, which they were on the xxxx (Doc 6). A response to the customer complaint dated xxxxx was received by the defendant which stated that the defendant and his family had harassed the Claimant’s workers and recorded them via CCTV. The Defendant has a CCTV camera covering the garden for the protection of his home which the Claimant’s workers were aware of and did not object to.

 

 

· On the xxxx the Claimant attended the Defendant’s property with the presence of the building inspector. The inspector stated that the roof pitch was not at the correct minimum pitch of 15 degrees, but between 13 and 13.5 degrees. (Doc 7) The building inspector left and the claimant stated that he had completed numerous roofs which had a pitch less than 15 degrees. The Defendant told the claimant that he was unhappy about the roof being at less than the correct pitch as it had been stipulated in the initial contract that all work must adhere to manufacturer and building controls. The claimant guaranteed that the roof would not leak and that it was within manufacturer guidelines. The Claimant told the Defendant that either he should accept the roof as it was or the Claimant would walk away and remove the roof he had erected. Due to desperation and the cold weather the Defendant under duress had no choice but to accept the Claimant’s assertion that the roof would be fit for purpose.

 

· By xxxx November the roof had still not been completed satisfactorily had begun leaking after the first instance of heavy rainfall. The Defendant called the Claimant about the leak, who became hostile and said he would charge a call out fee if no leak was visible. An email was sent to the claimant stating that the roof was leaking and that a deadline was to be set on xxxxx for all work to be completed, as this had exceeded the timeframe agreed. (Doc 8).

 

· On thexxxx the claimant visited the property of the defendant with two workers and inspected the roof. The Claimant inspected and attempted repair to the roof and flashings, but stated that the leak was due to tampering by the defendant’s family. The Claimant stated that that this was all being done deliberately to avoid payment. The defendant robustly denies all accusations of tampering. The defendant has no reason to damage his own property, especially as the roof was so important to the safety and comfort of his home. The claimant left the property and an email was sent do the claimant stating he was appalled that he was being accused of damaging the roof. (Doc 9)

 

· The Claimant in response stated that he would offer two solutions to the leaking windows. The first being the repair of the flashings around the windows. The second option was for the roof to be removed and for a full refund to be issued. (Doc 10) The defendant informed the claimant that he would be unable to accept the first option as the defendant had contacted the manufacturer Velux who stated that any pitch less than 15 degrees is unacceptable, and that the repair of the roof would not solve the inherent problem of an incorrect pitch. (Doc 11) This was also confirmed by contacting other tradesmen who confirmed the leak was due to the incorrect pitch. (doc)

 

· The Defendant sent an email on 2/03/2014 providing the Claimant with another opportunity to rectify his work and avoid court proceedings but the Claimant did not respond (Doc 12)

 

 

 

 

 

 

 

Particulars of Defendant’s Claim

 

· It is denied that the Claimant or any of his employees told the Defendant that they would be unable to undertake the work in the timescale specified. It is agreed that the work was urgent however the timescale was provided by Mr xxx . It is denied any phone call was made to discuss otherwise. The burden of proof is on the Claimant to prove otherwise. The Claimant’s employee drew a sketch and provided a timescale all in writing which was emailed to the Defendant. The timescale provided was 3 days not as the claimant alleges of 5 days (DOCUMENT) No severe weather occurred during the period. Again the burden of proof lies on the Claimant to prove otherwise.

 

· It is denied that the dates provided by the Claimant are true and accurate. It is agreed that the Claimant’s employees attended on a number of days, however it is denied that the last date was the 14th November. Work was still required in the following week, and as previously mentioned the work is still incomplete as it is incorrect and leaking.

 

· The Claimant states that Clause 1 of the Claimants terms and conditions have been breached. As the roof has been completed, albeit to an incorrect and insufficient standard it cannot be claimed that clause 1 has been breached. If the Claimant was not able to gain access to the property, the roof would not have been erected. The Defendant allowed the Claimant to inspect and repair the roof and flashings, however the Claimant stated that the leaking was due to tampering and damage. As previously mentioned it has been ascertained that the incorrect pitch is responsible and any remedial action will only be temporary and insufficient. Nevertheless the Defendant places the burden on the Claimant to prove that Clause 1 has been breached by the Defendant. The Claimant has an audio recording of the Defendant’s employees stating that the reason of the Delay was due to the Claimant deliberately preventing them from completing the work. This recording was made to safeguard the Defendant as the Claimant had become gradually hostile and unwilling to rectify his mistake. The Claimant was also refusing to answer phone calls made by the Defendant. The Defendant asserts that the Claimant and all his witnesses, (xxx xxx, xxx xxx and xxx) have stated untruths in their witness statement. It is the view of the Defendant that the Claimant and his witnesses are committing perjury, contempt of court and perverting the court of justice through their deliberate false statements, as the Defendant has an audio and transcript of xxx and an apprentice discussing how the Claimant and xxx deliberately pulled them off the job. xxx and the apprentice chatted for length and drank tea with the Defendant and his family. This is hardly the portrayal of workers who were harassed, abused and intimidated daily. The Defendant also puts it to the claimant why the Defendant and his family would harass workers daily for no reason at all? Does the Claimant wish to assert that the Defendant and his family are mad? (Transcript 1 and Audio 1 (On CD))

 

· The Defendant has full archived CCTV footage of the entire time period and robustly denies all accusations and allegations. The Defendant cannot understand how a CCTV system can harass workers. The Defendant is aware that the Claimant undertakes work for large organisations. The Defendant therefore interprets this point by the Claimant as vexatious. It is put to the claimant that if it is true that his workers were harassed and intimidated then why was a criminal complaint not made? The Claimant made no contact to the Defendant regarding any allegations of “abuse” “harassment” or “intimidation. “ It is also put to the claimant that if as he alleges his workers were harassed and intimidated why did they continue to work at the defendant’s property? The defendant feels these false allegations are being used to obfuscate the failings and wrongdoings of the claimant and his employees.

 

· The Claimant states that an administration charge of £70 is due. The Defendant asserts that this is not a genuine pre estimate of loss and that the Claimant is attempting to incur a penalty against the Defendant. The Defendant puts the burden of proof onto the claimant to justify the claim of £70 which cannot include day to day running costs of the business. It should be noted that the Claimant is also seeking interest in addition to the unsubstantiated administration charge.

 

· Clause 1 of the Claimant’s terms and conditions state that:

 

“…the customer shall agree any variations that in the opinion of the company, shall be required to enable them to properly perform the contract. The price of such variations and any extras shall be agreed in writing between the customer and xxxx xxxx.”

 

Not only is the roof pitch of 13 degrees in contravention of the manufacturer stipulations and building control, the Claimant has breached his own contract by not agreeing any amendments in writing. It was never agreed that a roof of 13 degree pitch was acceptable. The Defendant was put in a position where there was either a choice of risk to the property or the Claimant walking away after removing the roof. The implications of being left without a roof in the winter would have put the defendant and his family at unacceptable risk and discomfort in the middle of winter.

 

· The Claimant states that Clause 2 has been breached by the Defendant. This is denied in its entirety by the Defendant. The Defendant has allowed the claimant access all times to the property to carry out all required work. The Defendant refused the request for the roof to be repaired when given the option as the claimant had already previously attempted repair and it had not been successful. The fact that the Defendant declined this offer does not amount to a refusal of access. The Defendant offered the Claimant the opportunity to rectify his own mistake and wrongdoings which he refused (DOC XXXX). The level of workmanship by the Claimant was extremely poor. (See xxx Witness Statement) Furthermore it was established by the defendant thorough contacting the manufacturer themselves and other roofers that the incorrect roof pitch was responsible for the leaking windows. (Doc XXX) The defendant provided numerous opportunities for the Claimant to come and correctly erect a roof with a pitch of 15 degrees, to which the Claimant refused. The Defendant places the burden of proof onto the Claimant to prove that Clause 2 has been breached and that access was not allowed to the Defendant’s property. The Defendant also questions the fairness of contract Clause 2 which states that the company is able to recover the “full contract price” if they are unable to obtain access. The Defendant believes that Clause 2 fails the “reasonableness test” of the Unfair Contract Terms Act 1977. The claimant believes clause 2 fails the reasonableness test detailed below.

 

1. The term is required to be a fair and reasonable one to include in the contract.
   
2. This is judged by all the circumstance which were known, or ought to have been known or in the contemplation of the parties
   
3. The fairness and reasonableness is decided at the time the contract is entered - not with hindsight knowing of the events which in fact occurred
   
4. Where the term is restricting rather than excluding liability regard is to be had to the resources of the party seeking to rely on the term and the availability of insurance.
   
5. The burden is on the party seeking to enforce the term to show that it was fair and reasonable.
   

 

 

 

· the Claimant is in fundamental breach of the contract and the works he was contracted to undertake thereunder are seriously defective and inadequate, he has not performed his obligations under the agreement, this has left the roofing works requiring proper professional workmanship that complies with building regulations in order to make the same waterproof. Furthermore the roof and Velux windows are in clear contravention of the manufacturer stipulations and building regulations, which, at the present time, due to the Claimant’s wholly deficient works carried out thereon, the roof is not watertight and causing damaged to my property and is preventing the successful completion of my home extension. The roof has been inspected by a number of qualified tradesmen and a Building inspector who has measured the pitch at 13 degrees. Furthermore the tradesmen and inspector have identified that the cause of the leaks can be directly attributed to the incorrect pitch of the roof and windows. They also observed poor workmanship, damage and incorrect screws. The contract terms agreed with the Claimant explicitly state that the pitch of the roof must be at 15 degrees for the Velux windows and completed within 3 days, both of which were breached by the Claimant. A representative from Velux has stated in writing that any pitch less than 15 degrees will allow water ingress and is unacceptable, as they have invested significant resources in the testing of the windows.

 

· The Claimant has based his case on slander and hearsay. The Claimant has not made reference to any contract and has based his case on a building inspector’s approval. It should be noted that the initial contract only confirmed that the work must adhere to building regulations. It does not stipulate that a building inspector’s approval can mitigate the contract nor was anything ever suggested of that manner. The building inspector simply agreed to provide a building certificate as long as the Claimant was able to provide a warranty. The Claimant’s own Guarantee Certificate ( Doc XXXXX) states that “The above pitched roof covering to new rear offshoot is guaranteed for a period of ten years against defective workmanship. All material is covered under manufacturer warranties.” The Defendant asks the Claimant to explain how he expects to guarantee Velux windows when they are in clear contravention of the manufacturer stipulations. As the Claimant’s guarantee was what effectively allowed the building inspector to grant approval, the major flaw in the Claimant’s Guarantee Certificate nullifies the aforementioned building inspector approval.

 

· The Defendant fails to see the relevance of the Claimant mentioning other contractors who have worked and the Defendant’s property. The Defendant cannot see what bearing this has on the current case and what business it is of the Claimant to know who they are or what they did. The assertion of the Claimant that he “begins to see the whole picture of various works being carried out at zero cost.” Is slanderous to the defendant and wholly irrelevant.

[Kinger122]

I hope you manage to read this in time. I am worried that I may have written some things which are completely inapropriate. This is my first time doing any serious legal writing so I was way out of my depth. Its still incomplete so sorry for the formatting errors.

[Mike_hawk]

Hi Kinger

 

Had a brief skim through your w/s and it seems fine to me, you may want to take a look at at the following which will assist you with the format of your statement http://www.justice.gov.uk/courts/procedure-rules/civil/standard-directions/general/witness-statements

 

Also, number each paragraph

[Kinger122]

Thank you for the advice Mike. Do you have any experience of what to expect at hearing? Will the judge ask all the questions or does the Claimant and Defendant have to cross examine each other?

[Mike_hawk]

Its all conducted in an orderly fashion, my home court seems to have identical rooms... DJ at the front at a raised desk, then a 6ft gap to 2 rows of conference type tables with seating for perhaps 30.

 

Really depends on the judge, some will fully read the witness evidence and explain to the claimant what he feels are the issues others will have read next to nothing and work through the claimants w/s asking questions along the way if anything isn't clear... the questions are then put to the defendant and based on the responses the DJ will begin to form an opinion (hopefully with a basis in law) and mentally score the probability of each allegation.

 

You can ask to cross examine the witness although you are on the SCT so its primarily the DJ's decision how that is conducted (if at all). If numerous w/s are filed and the witnesses are not in attendance the court would usually afford them no more than the reliability of hearsay evidence.

 

It's nothing to be worried about, just remember to remain polite even if you feel you are being baited.

[Kinger122]

Its all conducted in an orderly fashion, my home court seems to have identical rooms... DJ at the front at a raised desk, then a 6ft gap to 2 rows of conference type tables with seating for perhaps 30.

 

Really depends on the judge, some will fully read the witness evidence and explain to the claimant what he feels are the issues others will have read next to nothing and work through the claimants w/s asking questions along the way if anything isn't clear... the questions are then put to the defendant and based on the responses the DJ will begin to form an opinion (hopefully with a basis in law) and mentally score the probability of each allegation.

 

You can ask to cross examine the witness although you are on the SCT so its primarily the DJ's decision how that is conducted (if at all). If numerous w/s are filed and the witnesses are not in attendance the court would usually afford them no more than the reliability of hearsay evidence.

 

It's nothing to be worried about, just remember to remain polite even if you feel you are being baited.

 

Thanks so much for your advice. I really couldn't have got this far without all the advice. At least knowing what to expect will make the experience a little less stressful. I requested my son to attend as a lay representative at the court as he has witnessed everything that has happened and has filed a witnesss statement of his own. The court charged me 45 pounds. is this correct. It is the first I have ever become aware of paying for a lay representative. I am wondering whether this was some sort of mistake?

 

The court date is at the beginning of April so I will inform of the outcome as soon after as I can.

[Mike_hawk]

Lay reps.... really not sure of the process, s11 of the courts and legal services act indicates there is no restriction on who may exercise right of audience if so ordered. My reading of the act is your son can represent you but only if you are in attendance and if granted audience by an order of the court... hence the £45.00 application fee.

[steampowered]

For your information there was a statutory instrument passed under s11 of the Courts and Legal Services Act granting lay representatives rights of audience in the small claims track. See http://legislation.data.gov.uk/uksi/1999/1225/made/data.htm?wrap=true.

 

There should be no need for any sort of payment or court order to authorise this. I'm a bit mystified why you were charged £45.

[Kinger122]

Thank you for the reply steampowered. shall I takw that to the court. they keep providing me contradictory information. first they told me to make a request in writing. After making the request they claim they never received it even though I handed it in person. They told me I couldn't post my evidence and I had to make an appointment to sumbit it in personally. after I submitted it they would not provide a receipt. I am exempt from court fees but they still made me pay. They said I could speak to a judge if I paid 90 pounds which I declined. where is all of this coming from as I did not manage to find the piece of legislation steampowered found but I could see nowhere else where it requested payment. If I win will the 45 I paid be added to the claimants debt.

 

Will I get a transcript of this case and will it be public. I want to help as many people as I can as I have been so kindly helped for all of you. I also know you all must be keen to know the outcome.

 

can anyone comment on the likelihood of my success?

 

The claimant has based his case on me allegedly delaying photographing and harrassing his workers daily. climimg ladders and interfering with work (why anyone would do this is besides me). he has witness statements of all employees who confirm his allegations. He claims his workers were harrassed by a static CCTV camera. He claims building inspector signed off the work so everything was ok. And he has claimed ive ripped off other workers and for the court to contact these other builders and get statements from them.

 

The extent of the lies really troubles me.

[Mike_hawk]

Kinger

 

Not entirely sure how you approached the court or how it interpreted your request. It does seem to differentiate between lay representatives that assist and those that are granted relief to litigate. Could you post a copy of your correspondence/application to the court, it may assist our understanding of the fee issue.

[AndyOrch]

It shouldn't have required an Application...hence the fee because you did...anything submitted on an N244 they will ask for payment.

 

Andy

[Kinger122]

Kinger

 

Not entirely sure how you approached the court or how it interpreted your request. It does seem to differentiate between lay representatives that assist and those that are granted relief to litigate. Could you post a copy of your correspondence/application to the court, it may assist our understanding of the fee issue.

 

I do not have a copy of the letter anymore. It simply said that I am requesting permission to have my son attend as a lay representative in court. They did not have any record of receiving the letter so when I submitted the evidence I asked them again and they had a form I had to fill in detailing why I wanted my son present. I wrote that I wanted his assistance in presenting my case. The person at the court helped me fill in the form and told me to pay the 45 pounds. They have sent a form to fill in which will allow me to claim the cost back. Have they assumed I want my son present in place of a solicitor? All I wanted was my son to assist me as he has a greater knowledge than I have an is more articulate at speaking. He has also provided a witness statement as well.