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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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can you pick up my previous question/case 1 February 2014

Resolved Question:

can you pick up my previous question/case 1 February 2014
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : How is it I can help you now please?
Customer:

keep getting loading data please wait so have not yet been able to read your reply to my question asked today at 10.32 am

Alex Watts : I can't see what you asked? Might I trouble you to ask it again?
Expert:  Ash replied 2 years ago.
I can't see what you asked? Might I trouble you to ask it again?

Customer: replied 2 years ago.

there was a technical problem earlier. Customer help desk said they had sorted glitch.


 


Am I required to inform the builder of further problems in our kitchen if he has already issued a claim against us for payment? In addition to a leaking window, we now have damp and mould behind the glass splashbacks. We have someone coming on Friday to do some thermal imaging tests to diagnose causes. This will cost us £540.00. The kitchen company who recommended the builder said that we should contact the builder. She saosd she did not receive a copy of the email we sent in January to the builder about the window leak. nothing bounced back when we sent the emails, however.

Expert:  Ash replied 2 years ago.
Yes. You can file an amended defence or include this in the statements when you go to Court.

But you should inform him of the problems and provide evidence. Each party must have their cards on the table.

Can I clarify anything for you about this today please?

Alex

Customer: replied 2 years ago.

i have prepared a defence. I have used table format with his statements in the first column; my defence in the second ; linked evidence reference in the third. it covers about 10paqes typed. am worried that this is too long but want to ensure enough detail. will all of it be read before a court hearing is decided or will I need to precis it? I have spent a lot of time doing it! I still need to add the latest development since it only occurred last Tuesday.

Expert:  Ash replied 2 years ago.
Ok - good.

10 pages is quite long. You need to make sure it is concise and to the point. Do not put emotion in - keep it factual.

Does that help?

Alex

Customer: replied 2 years ago.

I have removed emotive references but the length is because I am challenging the dates he has provided - they are inaccurate


I am still a little worried about what constitutes competion of work as per the contract. He did do what he said in the contract EXCEPT paint the external wall -and this is the source of the leak. we were unhappy with the quality of the work and were still disputing it with him. we did offer him an opportunity to come back to our agenda. He did not respond to this but offered £244.00 compensation but still expected interest for late payment. You did answer the interest question last time but it is still the difference between his contractual rights and our consumer rights that worries me before a judge.

Expert:  Ash replied 2 years ago.
He has a right to ASK for it under Section 69 of the County Courts Act, but the Courts have a discretion.

Even if it awards it, it would be very low.

But concentrate on the defence itself. If it is to the point and 10 pages then that is the document and you should file and serve it.

Alex

Customer: replied 2 years ago.

I am a bit confused about the defence and counter claim. i accept that we will have to pay the builder something. there is an admission form where we have to complete lots of details relating to our financial status. the defence and counter claim asks for an amount admitted. Would this just be based now on the estimates to repair the window , the costs of the thermal imaging and report as well as the wok we were previously asking him to do OR do we leave the judge or mediator at allocation stage to decide on the amount? At present the claim is for £3144.00 to which the buider has added £650 interest and £100.00 court fee

Expert:  Ash replied 2 years ago.
Yes, this would be based on what you ACCEPT you owe him. This the difference between the cost of the job and the cost of putting it right.

Its a small claim but the Court is going to allocate to small claim and try mediation - they do this as standard.

Alex

Customer: replied 2 years ago.

Do we still need to compltet the Admission {specified amount} form, and as he has served us both with claims do we have to reply to everything individually even though the payment is for one kitchen

Expert:  Ash replied 2 years ago.
If you accept PART of it, you send that amount. You also file a defence for the balance.

But in the defence put a PART ADMISSION.

Does that clarify?

Alex

Customer: replied 2 years ago.

No! Still confused about then payment part. The form says if you admit only part of the claim send the form to the court together with the defence form. The choice is either pay the amount to the person then send the defence to the court OR complete the admission form and the defence form aqnd send them to court.

Expert:  Ash replied 2 years ago.
Ok - just send in the defence.

But IN the defence admit part of it.

Does that help?

Alex

Customer: replied 2 years ago.

the Admission form wants to know full details about our finances- employment, savings, court orders, expenses. is this to ascertain our ability to pay?


Also, as above both my partner and I have been served claim forms do do we need to send two of everything, including the defence , the evidence and all the forms?

Expert:  Ash replied 2 years ago.
Yes, you do not need to fill that in.

You are putting an admission in the defence. Just file the defence with a partial admission together with the defence form.

Alex

Customer: replied 2 years ago.

so, no actual figure on the forms, just the partial admission sum . To be included in the defence document. are you advising NOT to return the Admission specified amount form?

Expert:  Ash replied 2 years ago.
Yes that is correct.

The Judge will read the claim and defence.

The amount not disputed (in the defence) is disregarded for allocation purposes.

Does that clarify?

Alex

Customer: replied 2 years ago.

As both of us were served we both had to return acknowledgement of service forms. will we need to do the same for the defence - ie two of everything?

Expert:  Ash replied 2 years ago.
No just put one defence but put that this is for the first and second defendant and both sign it.

Can I clarify anything?

Alex



Customer: replied 2 years ago.

OK Thanks.

Expert:  Ash replied 2 years ago.
If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up on this. Is there anything else I can help with? If so, please let me know.

Alex.

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