Work undertaken and now husband is deceased

[karenkerswell]

My husband started work on a customers house in November 2011. He was just an ordinary self employed builder.

 

The house was in an awful state but the lady agreed to pay them a day rate of £100. He did have a friend who is also self employed carpenter to help him.

On the second week the client decided that their work was not up to her standard and had a chartered surveyor come along and say this to them. Hence he would not pay them the next weeks money, they continued another two more day after that and then decided that they would not return until wages had been paid thankfully they had taken photos of the state of the property.

 

The client wanted and estimate so they put one forward that they knew she would not accept as they were not prepared to carry on We then emailed to say that we would withdraw the estimate and hopes that she finds someone else.

 

In January early February my husband was taken poorly and was diagnosed with terminal cancer. I continued to have letters from both the customer and the chartered surveyor being quite abrupt and nasty. I informed them that he was about to start extensive chemo, and then I notified them by email to say that the hospital had told me that there was no more they could do.

 

I did notify them that my husband passed away on May 6th and promptly received a letter saying they would then deal with me. I did not hear anymore for months and then in Nov 2012 the customer wrote a letter saying she was going to take in further and gave us 14 days.

I did not respond as was not in a position or any state of mind to take this on. I heard no more from her until early 2014 again we ignored her letter as it was not from anybody legal just on her own typed headed paper.

 

This last week I have received a load of notes that she has sent to a company and they have issued a form that we must fill in and return. I know this has got to be done as it is a legal document. She addresses all mail to the estate of [my husband]. He has no estate he actually left me debt to pay (bank overdraft) they have kindly let that go, it was not for very much.

We bought our house together and it is all paid off. My husband did not make a will but after his death I did make one and the solicitor said it did not need to go to probate.

 

I am so worried that this will end in me having to sell my house as that is all the security I have. Can they make me do this. He had nothing else and to be fair all the mortgage payments came out of my bank account, we never had a joint account.

 

The papers she has sent to this company does not appear to be true, she has put a lot of things that she said they damaged it is beyond belief. I hope I have included all the facts but not sure what to do. I do know that the chartered surveyor is no longer in office. She is asking the sum of in excess of £25000.

Edited August 19, 2014 by honeybee13
Formatting

[Ell-enn]

What is the form you are being asked to fill in and return ? what exactly does it say on it ?

[honeybee13]

Hello and welcome to CAG. I'm sorry to hear about your husband.

 

The legal guys should be along over the course of the day with their thoughts for you. Without naming names, what type of company is sending out the papers please? They're not lawyers?

 

My best, HB

[honeybee13]

Sorry Ell-enn, crossed posts.

 

HB

[SuperVillain]

This last week I have received a load of notes that she has sent to a company and they have issued a form that we must fill in and return. I know this has got to be done as it is a legal document.

 

Hi,

 

Just wondering what is it you have received exactly? Is it a Claim Form from the Court?

 

I think we need to know before we can suggest what to do.

[SuperVillain]

Lol ignore my post it's the same question as everyone else has asked... great minds and all that

[honeybee13]

I'm flattered, SV.

 

HB

[karenkerswell]

I think it is a form of no win no fee based in Salford Manchester, but because of a H M Courts form enclosed we have been told that we need to fill it in and return that we will defend ourselves within 14 days. I seem to think it is a small claims form but not sure. There was no covering letter with the papers just a pile of notes which the customer supplied and they have looked through and this court form

[honeybee13]

Hello again.

 

Could you send me the name of the firm by PM please? I'll check what they do and put that on the thread without the firm's name.

 

If you scroll up to the top of the screen, you'll see Notifications with messages or your inbox in the drop down menu.

 

HB

[SuperVillain]

Does the Court Form have a sticker Stating Issued at CCMCC or CCBC with a date and an 8 digit claim number starting something like 3Y or A9 etc?

[citizenB]

If they are claiming £25,000 then I think this will be fast track ?

 

You have a timeline to adhere to if this is a claim form.

 

You will need to let us know the date of issue on the claim form - top right hand corner of the claim.

 

You then have..

 

Date of issue + 5 days for service (receipt) + 14 days to acknowledge the claim - you can do this online using the password and claim reference + if you are going to defend, you will then have a further 14 days.

 

33 days in total - but you MUST acknowledge the claim in good time.

 

If you are able, can you depersonalise the claim form, scan it into your computer and post it on the forum ?

[karenkerswell]

Does the Court Form have a sticker Stating Issued at CCMCC or CCBC with a date and an 8 digit claim number starting something like 3Y or A9 etc?

Yes it does I am actually at work at the moment so cannot reference it as it is at home, but it does definitely have an official reference number

[SuperVillain]

Ok then as Citizen B said you need to first file an acknowledgment of service.

 

It'll be within the bundle of forms that came with the Claim Form and it's only a brief one to do so will take 2-3 minutes. If you intend to defend the whole claim, indicate so on the form. This will give you an extra 14 days to file a defence.

 

If the Claim Form came from the CCBC, then there will be a password as stated above, where you can log on to Money Claims Online and acknowledge the Claim online.

 

If it's from the CCMCC then you will have to fill out the copy sent with the Claim Form and either send it to the Court by post or scan in and send by email to ccmcce-filing@hmcts.gsi.gov.uk. Subject line of the email should contain the Claim number and type of document (acknowledgment of service).

 

I would also, for avoidance of doubt, send a copy of the acknowledgment of service to the other side's solicitors and tell them it's been filed at Court - which will make them think twice about trying for Judgment after 14 days (the Courts are sometimes slow to send out things to the other side).

[karenkerswell]

Ok then as Citizen B said you need to first file an acknowledgment of service.

 

It'll be within the bundle of forms that came with the Claim Form and it's only a brief one to do so will take 2-3 minutes. If you intend to defend the whole claim, indicate so on the form. This will give you an extra 14 days to file a defence.

 

If the Claim Form came from the CCBC, then there will be a password as stated above, where you can log on to Money Claims Online and acknowledge the Claim online.

 

If it's from the CCMCC then you will have to fill out the copy sent with the Claim Form and either send it to the Court by post or scan in and send by email to ccmcce-filing@hmcts.gsi.gov.uk. Subject line of the email should contain the Claim number and type of document (acknowledgment of service).

 

I would also, for avoidance of doubt, send a copy of the acknowledgment of service to the other side's solicitors and tell them it's been filed at Court - which will make them think twice about trying for Judgment after 14 days (the Courts are sometimes slow to send out things to the other side).

 

It is the company ccmcce that have contacted me. There is no letter or any correspondence from any solicitor from the other side. Just these people

[SuperVillain]

Hiya,

 

The CCMCC is the County Court Money Claims Centre - i.e. the Court. No problem when you get home just do the acknowledgment of service and send it off to Court by post or email (if by email keep a copy of the email that bounces back which confirms they have received it). Send a copy to the Claimant, their address will be on the front of the Claim Form.

 

And let us know the date of issue and date of service which should both be on the front of the Claim Form.

[caledfwlch]

Will the OP have a total defence here, in that her husband is deceased and left no estate, esp if the mortgage is/was in the OP's name, not joint?

 

OP have you still got all the letters and the photo's your husband took, they could well count as proof to a defence. And is there a reason why the surveyor is no longer in practice, like were they disbarred for naughty behaviour such as ooh faking reports to backup spurious and unfounded claims, as that could be evidence...

 

From what you have said and esp if you have the evidence backing it up, its not so much that your husband owes her money, but the other way round!!

 

 

Hiya,

 

The CCMCC is the County Court Money Claims Centre - i.e. the Court. No problem when you get home just do the acknowledgment of service and send it off to Court by post or email (if by email keep a copy of the email that bounces back which confirms they have received it). Send a copy to the Claimant, their address will be on the front of the Claim Form.

 

And let us know the date of issue and date of service which should both be on the front of the Claim Form.

[steampowered]

I think you should try and seek legal help. This form is the start of the court litigation process. There are a few good defences that could be run to fight off this claim, but it does take time and effort. The absolute most important thing is to comply with all the court deadlines - you must assume that the court will not accept any excuses for failing to do things in time.

 

 

Was the house in joint names? If so, it shouldn't form part of the estate. If the estate has no assets their claim is pointless, and you should write a letter informing them of this at the earliest opportunity. Keep a copy of everything!

[caro]

On the claim form there should be a section with Particulars of Claim. What does it say in there? It should she'd some light on why the customer is claiming.

[karenkerswell]

I am sending the form back recorded delivery stating that I intend to defend all of this claim The reference number is xxxxxxxxx and the Date of service is 12 August 2012. CanI ask why this did not come to me recorded delivery and no covering letter the envelope was all ripped on arrival

 

 

Hiya,

 

The CCMCC is the County Court Money Claims Centre - i.e. the Court. No problem when you get home just do the acknowledgment of service and send it off to Court by post or email (if by email keep a copy of the email that bounces back which confirms they have received it). Send a copy to the Claimant, their address will be on the front of the Claim Form.

 

And let us know the date of issue and date of service which should both be on the front of the Claim Form.

Edited August 19, 2014 by havinastella
Editing out ref

[havinastella]

I am sending the form back recorded delivery stating that I intend to defend all of this claim The reference number is xxxxxxxxx and the Date of service is 12 August 2012. CanI ask why this did not come to me recorded delivery and no covering letter the envelope was all ripped on arrival

 

KAREN, if you do NOT follow the advise given, this may cause you further problems.

 

Do nothing yet, you have 14 days to acknowledge and then a further 14 days.

 

WHAT does the 'Particulars of claim' say?

 

Also your first/original post does not give ANY information as to why this lady is suing your deceased husband!!!!

[f16]

Were you in a "Business Partnership" ??

Or was your Husband a "Sole Trader" ?

 

I know it's a lot of questions and believe me I feel for you.

 

I think Steampowered is correct.

You should seek a solicitor to assist you.

[karenkerswell]

I was sending it back because a solicitor said we had to so as that would prevent judgement and possible bailiffs. The claimant is saying that work undertaken was inadequate and that he conspired cause her loss by unlawful means and that she is a pensioner with a disability allowance and the conception and sucess of the fraud relied upon knowlege that she had impaired vision. She is saying so much which is untrue and nothing to do with the work undetaken by my husband. There is over 67 pages of complaint I am totally confused I think the house is such a state she is trying to put claim against the little work he did so as it covers to get it done. He only worked on it for 2 weeks I do have photgraphic shots of how bad the property was and still is

 

KAREN, if you do NOT follow the advise given, this may cause you further problems.

 

Do nothing yet, you have 14 days to acknowledge and then a further 14 days.

 

WHAT does the 'Particulars of claim' say?

 

Also your first/original post does not give ANY information as to why this lady is suing your deceased husband!!!!

[karenkerswell]

No he was a sole trader I dont know that I can afford a solicitor

Were you in a "Business Partnership" ??

Or was your Husband a "Sole Trader" ?

 

I know it's a lot of questions and believe me I feel for you.

 

I think Steampowered is correct.

You should seek a solicitor to assist you.

[Ell-enn]

Do you have legal cover included in your house insurance ? lots of policies have this

[Ganymede]

I am sending the form back recorded delivery stating that I intend to defend all of this claim The reference number is xxxxxxxxx and the Date of service is 12 August 2012. CanI ask why this did not come to me recorded delivery and no covering letter the envelope was all ripped on arrival

 

 

The Court do not send cover letters when issuing a claim. All you get it the Claim Form itself and any associated supporting documents.

 

Also the Court NEVER send claims by recorded delivery so whatever line of thought you were going down, stop.

 

As for the state of the envelope, that's just Royal Mail for you. Nothing untoward there.