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SolicitorRM
SolicitorRM, Solicitor
Category: Property Law
Satisfied Customers: 3637
Experience:  Director and Principal Solicitor. UK
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My son purchased an apartment back in August 2018 off plan,

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My son purchased an apartment back in August 2018 off plan, from a company (PBL) set-up by the developers (LG), as directed we had a surveyor snag the apartment, the snagging list was sent to the developers as directed to do so in the moving in letter, there are over 60 outstanding snags which haven't been address, after 18-months of getting nowhere, I issued a 14-day letter to the developers (LG) requesting payment so we could sort out the snags ourselves, the developer requested that I change the name on the letter to (PBL) as they where the developer, PBL is a special purpose vehicle company which was set-up by the developer (LG) hence I refused to the request. They refused my request and my son put them in the Small Claims Court as the value was £9,950.00, we received their claim response and our solicitor advised I change the name of the defendant to PBL as that is who we had a contract with, I applied for a judgment order to do this which was granted and served the amended documents to the defendants solicitors. I received a phone call from the developer offering £2,500.00 to settle the claim but also with a caveat that we also agree to relinquish any rights to take any further action whatsoever against them in the future, as they are fully aware that there are other on-going issues with the entire apartment block having no hot water. Their solicitor sent ourselves a letter which basically requested we withdraw the claim or he will apply to have it struct out and seek to recover his clients costs estimated to be £9,150.00 for making a strike-out application. The reasons are 1) Identity of the claimant is my son but I have received all correspondence, the claimant party has been incorrectly identified and you do not have locus standi to bring the claim.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: 2)Identity of the Defendant You are now purporting to claim against PBL, yet the Particulars of Claim on which you rely advances no case against that entity and continues to allege a claim against LG.
JA: Have you talked to a lawyer about this?
Customer: Yes, however they have been furloughed
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Hi thank you for your enquiry and patience. When you applied to change defendant name did you not file amended particulars of claim? You have no locus standi if the purchaser of the property and the name on the contract is your son so yes they would be within their sleights to apply for the matter to be struck out if that is not corrected.
However that can’t force you to accept a full and final settlement figure if you can see that there are many outstanding issues that will require a lot of money to resolve. You could opt to properly amend your son’s claim by making an application to amend claimant name and amend the particulars of claim to reflect this change too and if accepted by the court this will mean your son’s claim is properly pleaded and the defendant won’t be able to rely on technicalities to avoid liability. On your information the value of your claim has been redacted so I can’t see how much this claim is, if in the small claims track limit make sure you include in your application that each party to bear it’s own costs and in your witness statement mention that defendant not entitled to recover solicitor’s fees in a small track claim and explain to the court the confusion with issuing in your name and not the correct claimant. All the best
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Customer: replied 14 days ago.
Hi Thank you for getting back to me,Yes after change of the defendants name I filed amended particulars of claim, my son's name is ***** ***** and on the contract, it is that the email address and mobile number for correspondence is mine and I have been dealing with the developers and solicitor on my son's behalf, he is doing an apprenticeship and studying for his CIMA qualification near London and asked if I would deal with this for him. The claim value is £9,950.00 the court fees are £410.00 I will need to go on-line to see if I can enter details about the costs, thank you very much for your help, I just feel like the defendants and their solicitors are trying to bully us into dropping our claim.

Hi, you are welcome. That the email address and mobile is yours should not matter at all. He should tell them you have his authority to speak to them when he is not available due to work. You are not pursuing them you are assisting your son and should it become necessary you can apply to formally be his litigation friend. Because the value of your claim and costs put the claim slightly above £10,000 the defendants will be keen to have it allocated to the Fast Track limit where they will be able to recover costs if they succeed. So when you get the directions questionnaire make sure you indicate you want it to be allocated to the small claims track limit as it is not complex matter and the monetary value is only just above £10,000.00. If it remains in the small track the solicitor will not be keen to keep fighting it as thier costs will not normally be recoverable. All the best