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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47630
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I am defending a 2nd claim from the same person but the

Customer Question

hello
I am defending a 2nd claim from the same person but the papers he has sent in many are duplicates of the documents he used in the 1st claim .
is this allowed ?
many thanks
Submitted: 10 months ago.
Category: Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 10 months ago.

Please can you provide some information on the nature of the claim so that I have a better understanding? Thank you

Customer: replied 10 months ago.
We are a small building firm in devon .
we did some work for a gentleman last march through to may.
He has put 2 claims agaisnt me the 1st one was about fees he paid us for works by the water board which then didnt have to be paid.
we went to mediation and we agreed an amount and we paid him.
He has now put a 2nd claim in for monies he says he over paid us for the works we did.
it is a bit long winded to go into all details.
he has sent in exactly the same paper work to support his first claim which has been settled.
I was wondering if that is allowed to use the same evidence and witnesses as he did for the 1st one.
I am very confident that we will win the case as the man is totally out of order and I have structural engineers and experience work force that prove the amount of work we did and what we charged was fair.
he has now sent me a hand written letter saying he would be happy to go to mediation and not court to save any extra costs.
i am not prepared to do that as that is sayingthat I accept he has paid me too much which he hasnt.
He has seen my defence as I was instructed to send that to him and the court and on many occasions I stressed that the documents have been used in the previous claim.
Customer: replied 10 months ago.
Sorry I need to leave now and do not have time to chat today but would appricate your thoughts ,my hearing is on the 14th October.
Expert:  Ben Jones replied 10 months ago.

Hi there. Apologies for the slight delay and thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 10 months ago.

Many thanks for your patience. It is entirely possible to use the same documentation as has been used previously in a court claim. Once documents are used in a claim that does not mean they are prohibited from use in future claims. If they are relevant to the future claim then they can be used again. There are many various claims which could arise from specific documents so they can be used again and again if they are relevant.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

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Customer: replied 10 months ago.
thank you that was very helpful .
Expert:  Ben Jones replied 10 months ago.

you are welcome, all the best