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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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An ambush in HC, I accepted an offer from the other side. I

Customer Question

an ambush in HC
JA: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I accepted an offer from the other side. I brought them to court and put in on the record. the other side had no response. I showed up on the trial date to notice the court. the solicitors have changed staff acting ignorant of it and the judge goes ahead with the trial anyway.
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Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
During the trial the judge refuses to accept a report and affidavit from the QS showing the contract was half complete and refused my counter claim. and refused leave to defend.
Customer: replied 1 year ago.
my defence was failed without proof.
Useless without counterclaim.
Customer: replied 1 year ago.
why did he do that ?
Customer: replied 1 year ago.
do I just sue for settlement and ignore his order. or. ask him to recuse himself. or. both?.
Customer: replied 1 year ago.
or sue both together
Expert:  Nicola-mod replied 1 year ago.
Hello,
I've been working hard to find a 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 1 year ago.
I will wait
Expert:  Nicola-mod replied 1 year ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  F E Smith replied 1 year ago.

I will try to assist you with this please. Can we have the background detail to your defence?

If you accepted an offer, why did it go to court?

You say the judge refused leave to defend: do you mean he refused leave to appeal?

Why did he not accept the report from the QS and what was your counterclaim in respect of?

We need as much detail as possible please. Best wishes.

Customer: replied 1 year ago.
It went to court because they reneged on the offer, it's another breach of contract. The judge went ahead even tho I told him I'd accepted an offer. I started swearing myself in to put it on the record but I got cautioned and threatened with contempt for the outburst, that being i am swearing myself in to put it on the court record and the only evidence before the court.
Customer: replied 1 year ago.
I already put it on the court record 6 months earlier and they had no reply to this. Now they claim they didn't make an offer and the solictor in the firm has left a few weeks before the trial date
Customer: replied 1 year ago.
Leave to defend was required to bring the engineer to collaborate his affidavit already in. This would prove they breached the contract for works. He refused to allow time to bring him
Customer: replied 1 year ago.
if I knew the case was going ahead I would have had him there
Customer: replied 1 year ago.
He refused the report as it was in court and had an affidavit only, the judge said the enginer needed to be in court, leave was requested to bring him but denied
Customer: replied 1 year ago.
I already served a counter claim on the other side. They were referring to it previous and informed me they would be looking for discovery and particulars but didn't. The judge had it in his hands but said there was no counter claim before him. Only my defence.
Customer: replied 1 year ago.
Background
I bought a site to build a number of houses
The bank agreed to finance developing it
My bank manager priced the groundworks labour only 25,000 and it was agreed and my preferred choice as they were buying a house in the development also
I asked for 60,000 for labour + materials and finishes to 4 to have fully complete and looking good for sale.Later this bank manager was in hospital andA new bank manager came on the scene and asked if another corporate client of the bank could price it,
I said fine,
The bank manager came back and said their client wanted 125,000
The bank manager said I would not get any more money from the bank unless their client was doing the job,
I agreed some time later.My contract was with the bank to do this jobTheir client worked directly for the bank
Customer: replied 1 year ago.
They started the job half completed it and fully payed him
They claimed they overspent 180,000 on services that should have been in already but weren't. This is a lie.
I also had affidavit from contractor who done it and receipt for the specific materials for this job. And engineers report stating clearly if wasn't done the site would have been flooded and the main road.The judge refused to accept evedence and affidavits
Also refused leave to bring them to court
Customer: replied 1 year ago.
They never completed the works and claimed they payed there client the 125,000 and 240,000 overspend and said it would cost another 220,000 to complete the job
Customer: replied 1 year ago.
They tried to get me sign agree to the overspent and in it an additional 40,000 load that was a demand facility with a review date of one day.
I could not agree.
Customer: replied 1 year ago.
The bank sued for money's due and owingBut the repayment terms state clearly
Interest is roled up on loan and repayments to come from sales of first units sold
Customer: replied 1 year ago.
The claim itself in the court is a fraud ie money's due and owing when it's clearly not.
It's signed by the banks Solictors firm. Signed with handwritten signature of a firm name that is not a person.
Customer: replied 1 year ago.
The court then ambushed me along with the bank 14:1 for 6 days and would not accept my claim nor witnesses to attend as proof
Who do I sue ? My guardian angel ?
Expert:  F E Smith replied 1 year ago.

Thank you.

I’m sorry, but the facts are very disjointed.

Could you start at the beginning and then go through to the end in sequence?