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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Can emails be used in evidence in a CCJ case in the county

Resolved Question:

Can email's be used in evidence in a CCJ case in the county court?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 2 years ago.

Approximately 18 months ago following my fathers dath, my mother came to live with me and my family. The intention was to extend our house to incorporate a two story Granny flat and utiity room to the rear of our house. We initially asked an architect if he could produce construction drawings for the project. However, following two estimates from seperate builders of circa £70,000 to construct and fit out, we decided this was out of our price range and decided to convert our double garage instead.


I asked my wife to inform the architect that we wouldnt require his services due to the change of construction. She told me that she did this via email. The architect turned up at our house during the week whilst I was at work saying that he needed to take some measurements, my wife thought that I had agreed to this and let him in. apparently he was at our house for around 30 mins taking measurements.


In the meantime, we had approached a garage conversion specialist who could do a turn key project for us, drawings, planning permission and construction for circa £11,000.


We engaged the garage specialist and they took measurements, applied for planning permission and supplied construction drawings.


In the meantime my mother had decided that she would rather have some independance and decided to ove into sheltered housing. Despite her decision, we paid the garage specialist for the drawings that they produced and for their time at our house plus we also paid for the planning permission.


Then, I received notice that the architect had applied for a judgement against me for the sum of £750. Unfortunately I was not able to attend the original hearing(neither did the architect) and the judgement against was passed. However I have sinced succesfully applied to have the judgement set aside. This was done at a hearing at Birmingham county court, the claimant has supplied his evidence and it is made up entirely of emails between him and my wife. There is an email in the pack detailing terms and conditions, but I never saw this until I was given a copy in court.


There is no signed copy by either myself or my wife,and furthermore, if he had an agreement with my wife, why should I be the one to go to court?


 

Expert:  Jo C. replied 2 years ago.
I'm not sure this is really my area now that you have provided this information so I will opt out to see if others can help.

I'm sure somebody will be along soon.
Customer: replied 2 years ago.

Hello,


i still have not received a reply. can someone let me know what is supposed to happen next please?

Customer: replied 2 years ago.
Relist: Incomplete answer.
I'm still waiting for a reply nearly 3 hours later.
Expert:  Nicola-mod replied 2 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 2 years ago.

I dont mind waiting for an answer, so long as i get a response before tomorrow evening.


i'm watching the world cup at the moment, so i'll be away from my computer for a while.


 


Many Thanks

Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** 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.

What track is the case listed for please?

Customer: replied 2 years ago.

Hi Alex,


Thank you for getting back to me. i'm afraid I dont understand your question, what is a track?

Expert:  Ash replied 2 years ago.
How much is the claim for please?

Customer: replied 2 years ago.

Alex,


the claim is for £750.

Expert:  Ash replied 2 years ago.
It is a small claim.

Yes emails can be used. You are permitted to use documents on which you seek to rely upon in the support of a claim.

There email can be used,

Can I clarify anything for you?

Alex

Customer: replied 2 years ago.

Alex,


The architect claims to have had email correspondance with my wife.


So, should it be me in court? and also there was never any signed acceptance of terms and conditions, but that was because I was never sent them.

Expert:  Ash replied 2 years ago.
Contracts can be oral as well as written. However imstucted him should be the defendant.

Does this clarify?

Alex

Customer: replied 2 years ago.

Alex,


Yes i think it does clarify, as i never instructed the architect, I should not be the defendant?

Expert:  Ash replied 2 years ago.
No.

Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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