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Ross Miller
Ross Miller,
Category: Law
Satisfied Customers: 809
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I have been to court today for a counter claim and am

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I have been to court today for a counter claim and am confused as to what to do
JA: Where are you? It matters because laws vary by location.
Customer: mansfield Nottinghamshire
JA: What steps have you taken so far?
Customer: I had a window company fit new windows in June, the fitter left the glass unattended and it smashed into my kitchen. It broke my sink base unit and had a knock on effect with drainage(inside drain). The fitter paid 350 towards a sink but on replacing it the extent of the damage was reviled. I had no option but to instruct my insurance company for help. The company refused to give me there insurance details, and kept demanding payment for the windows which I refused. I contacted my union legal line and they advised me to ask them for full payment of the repairs. the repairs were complex as I had a imperial kitchen and nothing was available to match, they said if you have a functioning kitchen tuff it doesn’t match.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: they sent court papers and I put a counter claim for the full repairs, the judge said today to reveal all moneys paid by the insurance company but I commented that I go away on sat and the insurance company take up to 30 days to supply this information. Also the amount claimed is over the small claims limit meaning it will have to go to fast track and could cost me a lot of money I don’t have, I am seriously out of pocket for the repairs to my kitchen and the company seem to have lost nothing not even paying for the excess on there insurance. i have paid my excess had my insurance prices increase and very annoyed the balance of the windows was 2800 I have made a without prejudice offer of 50% payment to them today but I don’t think they will accept it.
Customer: replied 6 days ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 6 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.

My name is Ross and I can help with this matter.

Customer: replied 6 days ago.
My problem is I go on holiday on sat and responses have to be in by 17 I don’t return until 22

Did you explain this fact to the judge and if so what was the response given?

Customer: replied 6 days ago.
He said do it before you go but I’m struggling as I don’t know what a cerigation claim is and doi need to claim for the full amount of repairs and pay the insurance company back or just for the short fall.
Customer: replied 6 days ago.
If I claim the full amount it will be fast track if I claim for the shortfall it’s small claims but I would need to put an application into the court to clarify which I want to do

The sums sought by the claimant will be outlined in the claim however, you can make any non-prejudicial offer you like as you already have. What I would advise doing is sending a letter to the court with your case reference number etc. on it and explain the situation. Firstly, stating that you will request the information sought by the court with immediate effect (ensure that you do). Furthermore, explain that you are going away on holiday and will not be able to provide the documents in time, finally, also inform the your that the requested documents can take up to 30 days to be issued by your insurers. What you will be asking is for an extension of time in order to provide the requested documentation to the court. From what you have stated above, I think it would be reasonable to to claim for your full amount of losses. From what you have said about the situation, the liability should sit with them given that they damaged your property. It seems like a simple matter of they should be paying for the damage they have caused. Just because the windows they supplied were damaged in the same incident doesn't mean that you should be liable for the costs of these.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 6 days ago.
So go for the fast track not small claims. I’m on benefits so the court fees should be exempt, it there legal representation kept saying if you looses you will be thousands in debt. But how can a company damage my property never apologise and have no financial loss. They replied it’s morally wrong but not legally wrong
Customer: replied 6 days ago.
Also they dropped my old window not new a used me of having old rotten windows that was untrue it was neither old or rotten picture provided. It was only replaced for cosmetic reasons to match the others previously replaced

Yes I would fast track. I do disagree with what they have said about morality. If you damage someone else property then you are liable to pay for it if you are at fault. If you have a copy of an email or anything where they have said this then it will go to speak to their admission of liability. Your may want to look at local solicitors and see if any of them will provide you with a free consultation to look at and review you evidence. You are correct that if you are on benefits then you can make an application for fee exception. There is a section on the court website for this application when you make your claim. The claim process is fairly straight forward. Just make sure that you give as much detail as possible and point out the fact they "admitted" liability to you previously. There is always the chance that they will pay out before it goes to court.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 6 days ago.
They never put in email but the fitter paid me 350 for the sink. They kept harping on about my insurance company paying out already but they only paid 5400 of which some of this was for inconvenience of the time scale, it was done on 6/6/19 and I was paid on 9/8/19. They amount was very low due to legal and general having vast discounts. I do t have that pleasure and had to pay full. I did not want a bespoke kitchen but a middle of the road. My was purchased in 2003 but not fitted until 2009 when my extension was finish. Had hubcaps along the way. But why should I have to have a mix match as they are saying. It doesn’t matter if it doesn’t match as long as it is functional. My insurance report said a complete replacement. I have also been told by them that I can carry my pots upstairs and wash them in the bath. I’m disabled due to work injury. Unable to walk unaided. Also if I had emergency repairs done then that should be enough. The emergency repairs were done because the sink was in pieces and I had 2 leaks one being sewage. When the cupboard door was opened a shard stabbed me in my leg. I will send pics. I do not understand how they can possibly win this case The company have never inspected or apologised for any of this situation. Due to the very high costs of this project 20ft x 18ft kitchen it still is not completed and I am having to have cheap labourers do odd bits at weekends to get it finished. They said no inconvenience. Only can be claimed
Customer: replied 6 days ago.
I’m unable to send the pic it’s no longer available to attach on the page
Customer: replied 6 days ago.
I have sent pic of sink damage temporary fix and the stab Surely they have a responsibility to leave the house in a safe usable condition. My friend put the clamp in place so I could use my tap. I will also send pics of the flood from the pipe work leaking in the corner
Customer: replied 6 days ago.
This leak went into my range oven that I replaced at an expense not claimed
Customer: replied 6 days ago.
Alsothe other side are saying they want to instruct an expert but request we pay 50/50 do I have to agree to this
Customer: replied 6 days ago.
Cani add stress anxiety and upset to this claim as it has caused me serious hardship and continues to do so
Customer: replied 6 days ago.
If I need a solicitor can I add costs

If you instruct a solicitor, the they can make an application for costs yes, in this sort of circumstance, it is not likely that an award would be made for "injury to feelings" which covers your stress and anxiety etc. However, there may be additional claims you can make such as the cost of labourers and the range oven. It is contractual issue and you can make a claim for sums which you have incurred in relation to their breach of the contract. I find it difficult to understand how they have damaged your property yet, feel they can claim against you for the sums. What it boils down to in law is that if they have caused damage to your property, they have to pay to fix it and any such expense you have incurred as a result. You may want to look at instructing a local solicitor who can review all of the court documents you have and the information and evidence you have for your side of the case. Do also keep in mind that you can negotiate a settlement with the company at any point during the proceedings. However, if you do look at making any offers (for them to pay you or you to pay them) then be sure that you mark the correspondence "without prejudice save as to costs". This will prohibit them from using these letters as evidence and also allow you to use them as evidence should and application for costs be made further down the line.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

 

https://solicitors.lawsociety.org.uk/

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 6 days ago.
Thank you for your help I will instruct a solicitor I think they are railroading me. I have made an offer today and asked to accept or decline by Thursday. What should I send to the court in the way of an extension for the documents and an extension to seek advice I’m away from 8-22 to scatter ashes from a family member in Lanzarote

You will just have to send a letter to the court stating what I said above. However, if you instruct a solicitor then they will do this for you. Ensure that you mark it for urgent attention so that you do not miss the date which is currently set out, you will also have to email a copy of letter to the claimant's solicitor. I cannot guarantee the the extension will be granted but it does seem like a reasonable request for extension and will hopefully be granted.

I hope this information has helped.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

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