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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am taking legal action against a Barn builder who built a

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I am taking legal action against a Barn builder who built a defective roof for me. Even though I provide email proof to him that he wrote to me about taking responsibility for defective work, he denies he is responsible and passes the buck to his sub contractor. In the email, which I want to disclose as proof, as one of the documents in a mini hearing, I want the document to be divided into 4 documents as evidences. I wonder if it is possible to do that? The document consists of 1. the document itself 2. the first section of the document he states "From: Mike Tewson [mailto***@******.***]
Sent: 23 May 2013 10:28
To: ***** *****
Subject: Outstanding balance
Dear *****
Following our recent telephone conversation, ". This document shows he acknowledges that he and I have spoken to each other about this matter. the second section of the document he states, "I would confirm that we would put right any defects that
were deemed our responsibility with the recent work carried out on your property.
As agreed you will pay the full amount due (£1535.39) today on receipt of this email.
I would respectfully ***** ***** that unless we receive the payment in full today we will have no
alternative other than to issue court proceedings against yourself, this will result in a court fee and
interest being charged on the outstanding balance." And the third final section states, "Regards *****
Managing Director
The Southern Timber Co. Ltd.
email:***@******.*** website: www.southern-timber.co.uk
tel: 01803 813 803 fax: 01803 813 838
address: The Southern Timber Co.Ltd.
Crokers Park, Edgelands Cross,
Ipplepen, Newton Abbot,
Devon, TQ12 5UG "
So, am I splitting hair or can I provide evidences split into 4 documents?
Submitted: 10 months ago.
Category: Law
Customer: replied 10 months ago.
Hello, anyone woken up at 9am yet?
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.I apologise that no-one was available at 5am.What is it you would like to know about this please?Alex
Customer: replied 10 months ago.
Thanks Alex for responding. If you see above, I have written at length the issue. Thanks for reading and giving me your advice.
Expert:  Ash replied 10 months ago.
I think you have a claim based on what you have said.You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy. I see you already have done this, if you have emailed and they have responded then that is fine.If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
My building insurance has already given me a solicitor. We already had a telephone hearing with a judge on the phone. And he recommended we go into a mini hearing. As I shared, there is a "mini hearing" with list of documents to prove who the correct defendant is, is it Southern Timber Company Ltd or is it their Southern Timber Contractors (a kind of sub contractor from Southern Timber Company). The question I put is, for the list of documents to be issued, can I do a 4 documents split from one document?
Customer: replied 10 months ago.
Please re-read the above first introduction to the problem.
Customer: replied 10 months ago.
Here is the full document that I wish to put in as evidence, that I am asking you if it is ok to split it into 4 mini documents? My barrister and solicitor from my building insurance is suing Mike Tewson who is the director of the Southern Timber Company whom I believed had built my defective barn-From: Mike Tewson [mailto***@******.***]
Sent: 23 May 2013 10:28
To: 'Peter Chin'
Subject: Outstanding balanceDear *****
Following our recent telephone conversation, I would confirm that we would put right any defects that
were deemed our responsibility with the recent work carried out on your property.
As agreed you will pay the full amount due (£1535.39) today on receipt of this email.
I would respectfully ***** ***** that unless we receive the payment in full today we will have no
alternative other than to issue court proceedings against yourself, this will result in a court fee and
interest being charged on the outstanding balance.Regards ***** Director
The Southern Timber Co. Ltd.
email:***@******.*** website: www.southern-timber.co.uk
tel: 01803 813 803 fax: 01803 813 838
address: The Southern Timber Co.Ltd.
Crokers Park, Edgelands Cross,
Ipplepen, Newton Abbot,
Devon, TQ12 5UG
Expert:  Ash replied 10 months ago.
If you have a Solicitor and Barrister, may I ask why do you need legal advice here?
Customer: replied 10 months ago.
There is a kind of "Fall Guy" technique which many businesses especially in the building trade that is used. Use a false company to take the fall or blame and then, we sue the wrong company, and this wrong company is dissolved, so we get nothing. As in this case, their sub contracting company Southern Timber Contractors have just not surprisingly been recently been dissolved!! So, Southern Timber Company Director Mike Tewson is trying to hoodwink us and the judge that he is not responsible, except for this famous email he wrote to me!! And I paid him in full for the whole job. Now, he refuses to repair the defective roof of my barn. So, I want to highlight this document - his famous email to me in May 2013. I hope you get the whole picture.
Expert:  Ash replied 10 months ago.
So you want disclosure of a particular document?
Expert:  Ash replied 10 months ago.
Or to rely on a specific document?
Customer: replied 10 months ago.
The solicitor and barrister that I have seems to be a bit lethargic, and I am seeking advice from you about whether I can use this document of documents as evidence for proving that this is the correct defendant that I am suing. I find myself repeating for the third time here my question
Customer: replied 10 months ago.
The specific document is the one I have printed out in full, the email from Mike Tewson, please re-read it.
Expert:  Ash replied 10 months ago.
Its a small claim, is that right?
Customer: replied 10 months ago.
No, the claim I am asking for is not a small claim. I have had a professional building engineer and builders who came in to see the defective roof saying it is going to cost more than £20,000 to repair it. I paid £15,000 for the job and the final payment was made to Mike Tewson, as he wrote in his email, which I already have shared with you above.
Customer: replied 10 months ago.
Hello?
Customer: replied 10 months ago.
Sorry, I got to go at 11am for an urgent meeting.
Expert:  Ash replied 10 months ago.
Ok - but you want to rely on some evidence, is that right?
Expert:  Ash replied 10 months ago.
If so you can do that. You can put whatever you want in your trial bundle and statements.So yes, you can rely upon it.Does that clarify?Alex
Customer: replied 10 months ago.
Yes, the evidence of Mike Tewson email. I was asking about whether the document of Mike Tewson email can be divided into 4 "mini documents", please read my first message above.
Expert:  Ash replied 10 months ago.
Yes it can be.Does that clarify?Alex
Expert:  Ash replied 10 months ago.
Alex
Customer: replied 10 months ago.
The reason why I want it to be sub divided into mini documents is that I want to emphasize
1. That Mike Tewson can be questioned whether he and I spoke on the phone? The evidence? He wrote From: Mike Tewson [mailto***@******.***]
Sent: 23 May 2013 10:28
To: 'Peter Chin'
Subject: Outstanding balanceDear *****
Following our recent telephone conversation2. That he can be questioned what he meant by "We", did he mean him and the sub contractor or did he mean his company and the sub contractor company or did he mean Southern Timber Company? Evidence from his email - Dear *****
Following our recent telephone conversation, I would confirm that we would put right any defects that were deemed our responsibility with the recent work carried out on your property.3. That he can be questioned where did he put the money I gave him, evidence from his email - As agreed you will pay the full amount due (£1535.39) today on receipt of this email.4. That he can be questioned whether he was writing to me as Director of Southern Timber Company - evidence from his email - Regards ***** Director
The Southern Timber Co. Ltd.
Customer: replied 10 months ago.
Do you see what I mean by mini documents within one document, to highlight the importance of each bit of his email to me in May 2013?
Expert:  Ash replied 10 months ago.
Yes, that is fine you can do that. Or just refer to the relevant parts in your witness statement
Customer: replied 10 months ago.
Ok, thanks !!
Expert:  Ash replied 10 months ago.
Good luck, I hope you win at trial.Alex
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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