flaws in defence - costs issue

[FTMDave]

Look Simeon, people here have at times become exasperated with you, not because we don't want to help, we do, but you make it so difficult.

 

Surely you must realise that going into court and looking "silly/confused" with such a large amount of money at stake, and then asking "Who exactly have won in this matter?" is not good enough.  You were there, as you were there in the previous set aside hearing.

 

Anyway, to answer your question - basically you lost.

 

You have to pay £7648 by 22 March.  If you don't, it's almost certain you will have high court bailiffs outside your door a few days later.  You don't have to let them in, but if you don't they will keep coming back to try to take away your car/TV/computer/etc.

 

Alternatively you can try to get an agreement with the builder's solicitor to pay this bit by bit - but be aware that that will mean a CCJ and a knackered credit file for six years.

 

Your unpalatable choice.  You'd better decide quickly.  And you'd better keep liaising with the site and not disappearing.

[FTMDave]

The judgement is here.  It shouldn't be up to Site Team members to do this, but if we don't you can be damn sure it will never be done.

 

 

Scan2023-03-08_131450 JudgemtMarch23-1.pdf

[FTMDave]

I've got it here Bazza.  IIRC Simeon said the hearing "got too much for me" or some such, so we've never really understood what happened. 

 

The working assumption was that the builder's claim had gone, and only the counterclaim remained. 

 

Apparently there has been correspondence between Simeon and the builder's solicitor, again none of which we've ever seen, which could have clarified the issue.

 

 

CAg Order TenJan.pdf

[FTMDave]

@BazzaSyour summary in post 9 is spot on.

 

In fact there are a load more disasters along the road: when Simeon originally won he didn't enforce, despite having several months to do so; the builder offered to pay the whole £17 grand off at £100 a week, but Simeon rejected the offer; even recently the builder's solicitor offered £1000 in settlement with both sides paying their own costs, but Simeon refused, saying he could justify the whole 17 grand.

 

Anyway I don't think there's a massive amount to discuss now.  Simeon lost.  And has to pay £7648 by 22 March.  Er - that's it.

 

 

[FTMDave]

4 hours ago, simeon1964 said:

My  solicitor went for an order claimant to pay their cost, ( I believe for £3k.}

The best guess is that this was wiped at the set aside hearing.

 

But we don't know.  We weren't there.  You were there.  Saying "it got too much for me" IIRC or similar is no good.  Surely you took notes.  Surely at the end you asked the judge to explain clearly what they were ordering.

 

We now think that at that hearing (a) the builder's claim was reinstated, and (b) he was allowed to fight your counterclaim.  For an entire year you've allowed us to think (a) that the builder's claim remained booted out and (b) only the counterclaim remained.

 

I remember at one point advising you to write to the builder's solicitor and ridicule the fact he was still going on about the builder's original claim, when in fact the matter had already been litigated upon.  Did you do that?  Presumably not.  It would have clarified the issue.

 

3 hours ago, BazzaS said:

If so, I suspect it was an order dated on or around 19 July 2021.

Bazza is right.  Can we see the court order when you originally won please?  We've never seen this.

[FTMDave]

Now there's a thought.  It would certainly explain him disappearing for months and it being like getting blood out of a stone sometimes getting documents uploaded.

[FTMDave]

On 10/03/2023 at 00:26, FTMDave said:

You have to pay £7648 by 22 March.  If you don't, it's almost certain you will have high court bailiffs outside your door a few days later.  You don't have to let them in, but if you don't they will keep coming back to try to take away your car/TV/computer/etc.

 

Alternatively you can try to get an agreement with the builder's solicitor to pay this bit by bit - but be aware that that will mean a CCJ and a knackered credit file for six years.

 

Your unpalatable choice.  You'd better decide quickly.  And you'd better keep liaising with the site and not disappearing.