'No Win No Fee' and I'm being sued - UNBELIEVABLE!
20 July 2008, 12:25 AM
#31
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
. I still consider that totally absurd given it was he who made the hole too small and had a wandering eye. Maybe I should ask how your hand is LOL and if you consider yourself a needy child or a grown man responsible for his own actions? I was in fact watching my own hands at the time, not his eyeline or concentration levels (or lack of)!D
20 July 2008, 12:47 AM
#32
Scooby Regular
Join Date: Aug 2006
Posts: 990
Likes: 0
Received 0 Likes
on
0 Posts
Maybe nobody is at fault as such, perhaps it was one one of those old things that used to be know as an "accident".
This event used to be able to be happen without somebody getting sued
This event used to be able to be happen without somebody getting sued
20 July 2008, 02:58 AM
#33
Counter sue him for sexual harrassment (your wife), exposing your family to possible HIV infected blood (let's call that attempted manslaughter as you dont know he doesn't have HIV) petrol / wear & tear on your car as you drove him to hospital and for good measure how about worry/stress about his injury.
20 July 2008, 10:40 AM
#35
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
And, sorry no pics of the missus you dogs! I get a nice £50 each for those from certain magazines that help pay for the Evo's tyres (keep it schtumm mind!)
D
20 July 2008, 10:52 AM
#36
Scooby Regular
Join Date: May 2006
Posts: 353
Likes: 0
Received 0 Likes
on
0 Posts
Get a statement from your wife stating what she said, along the lines of....
As the carpenter was fitting the cooker and telling my husband when and how to push it into position I noticed he kept staring at my chest instead of the job at hand and was concerned for his and my husbands safety. I said to him "can you stop staring at my chest and concentrate on what you are doing please". He ignored me and carried on fitting the cooker. Afterwards he said "oh, I've cut my finger". that is when my husband drove him to hospital to have it checked out etc etc etc
From the wifes statement it is clear that the joiner was in charge and directing your husband. He was negligent in not concentrating and so it was his own fault.
Inform the guys solicitor that as you did several years training with a law firm you will be representing yourself and will be ready to attend the court case when they have arranged it.
.
.
As the carpenter was fitting the cooker and telling my husband when and how to push it into position I noticed he kept staring at my chest instead of the job at hand and was concerned for his and my husbands safety. I said to him "can you stop staring at my chest and concentrate on what you are doing please". He ignored me and carried on fitting the cooker. Afterwards he said "oh, I've cut my finger". that is when my husband drove him to hospital to have it checked out etc etc etc
From the wifes statement it is clear that the joiner was in charge and directing your husband. He was negligent in not concentrating and so it was his own fault.
Inform the guys solicitor that as you did several years training with a law firm you will be representing yourself and will be ready to attend the court case when they have arranged it.
.
.
20 July 2008, 02:36 PM
#38
Scooby Senior
Join Date: Jun 2006
Location: RIP - Tam the bam & Andy the Jock
Posts: 14,333
Likes: 0
Received 0 Likes
on
0 Posts
Get a statement from your wife stating what she said, along the lines of....
As the carpenter was fitting the cooker and telling my husband when and how to push it into position I noticed he kept staring at my chest instead of the job at hand and was concerned for his and my husbands safety. I said to him "can you stop staring at my chest and concentrate on what you are doing please". He ignored me and carried on fitting the cooker. Afterwards he said "oh, I've cut my finger". that is when my husband drove him to hospital to have it checked out etc etc etc
From the wifes statement it is clear that the joiner was in charge and directing your husband. He was negligent in not concentrating and so it was his own fault.
Inform the guys solicitor that as you did several years training with a law firm you will be representing yourself and will be ready to attend the court case when they have arranged it.
.
.
As the carpenter was fitting the cooker and telling my husband when and how to push it into position I noticed he kept staring at my chest instead of the job at hand and was concerned for his and my husbands safety. I said to him "can you stop staring at my chest and concentrate on what you are doing please". He ignored me and carried on fitting the cooker. Afterwards he said "oh, I've cut my finger". that is when my husband drove him to hospital to have it checked out etc etc etc
From the wifes statement it is clear that the joiner was in charge and directing your husband. He was negligent in not concentrating and so it was his own fault.
Inform the guys solicitor that as you did several years training with a law firm you will be representing yourself and will be ready to attend the court case when they have arranged it.
.
.
20 July 2008, 03:10 PM
#39
Scooby Regular
Join Date: May 2008
Posts: 3,957
Likes: 0
Received 0 Likes
on
0 Posts
Hi, send a CPR request, it is likely they will drop the case moments after receiving a letter of this sort.
****
REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.
I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the incident to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought
*******
Included as many questions that may be relevant here.
*******
I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than *time* on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated
We would be grateful if you would respond within 10 days of the above date.
In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.
I also must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim
In any event, kindly acknowledge safe receipt of this letter
****
REQUEST FOR INFORMATION UNDER THE CIVIL PROCEDURE RULES.
I have received the Court claim filed by your Company. To enable me to file a defence and counter-claim, I require specific information regarding the incident to be provided forthwith. Given that this matter is now the subject of legal proceedings, you are obliged to disclose under the Civil Procedure Rules, the information and documents detailed below. The information must be furnished by the **DATE**, which gives you ten days to provide what has been requested. If you fail to comply, this will be reported to the Court, a copy of this letter will be provided as evidence to the same and an Order enforcing your compliance will be sought
*******
Included as many questions that may be relevant here.
*******
I have today filed the Acknowledgement of Service (copy attached) in order that I may file my Defence to these proceedings in due course. By my calculations this must be filed and served no later than *time* on (28 days from the date you received the court claim). However, before doing so, I take the view that your pleadings are not entirely clear and as such, do not appear to disclose any reasonable cause of action against myself. Although this matter may be suitable for the Small Claims Track the purpose of this letter is to make a request for some additional information in order to fully understand your claim and how it is calculated
We would be grateful if you would respond within 10 days of the above date.
In the event that I do not hear from you at the end of this period, I may apply for your Claim to be struck out on the grounds that it does not disclose any reasonable cause of action against me, together with an Order for Costs in the Defendant’s favour. I trust that you will note this particular point.
I also must advise you that if the information is not forthcoming, it will be reported to the Court that you are trying to frustrate proceedings and denying me the opportunity to file a defence and counter claim
In any event, kindly acknowledge safe receipt of this letter
20 July 2008, 03:35 PM
#41
Scooby Regular
Join Date: Jul 2008
Posts: 32
Likes: 0
Received 0 Likes
on
0 Posts
Dedrater, there is no summons yet and no court hearing as far as I know. Not sure that response, however fantastic and to be applauded, is the correct one at this time?
I am certain that the no win no fee solicitors have requested that the matter be passed to the Insurance Company completely.
I am certain that the no win no fee solicitors have requested that the matter be passed to the Insurance Company completely.
20 July 2008, 03:44 PM
#42
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
Dedrater, there is no summons yet and no court hearing as far as I know. Not sure that response, however fantastic and to be applauded, is the correct one at this time?
I am certain that the no win no fee solicitors have requested that the matter be passed to the Insurance Company completely.
I am certain that the no win no fee solicitors have requested that the matter be passed to the Insurance Company completely.
I can still see ZERO logic in all this. It is like opening your car door into traffic and then suing the car that hit it!
Bonkers!D
20 July 2008, 03:47 PM
#43
Scooby Regular
Join Date: Jul 2008
Posts: 32
Likes: 0
Received 0 Likes
on
0 Posts
I had a pedestrian run into the side of my car, rolled over the bonnet and through the windscreen.
I had witnesses too.
Got a letter from a no win firm and it took 3 years to go to court, I thought I had a cast iron defence .... it ended up 50-50!!
Only the Lawyers won!
If I was you, and I know how mad you feel, I would hand it over to the Insurance Company and forget it - to be brutally honest. I would fight it to the end, but I'm an awkward son-of-a-bitch
I had witnesses too.
Got a letter from a no win firm and it took 3 years to go to court, I thought I had a cast iron defence .... it ended up 50-50!!
Only the Lawyers won!
If I was you, and I know how mad you feel, I would hand it over to the Insurance Company and forget it - to be brutally honest. I would fight it to the end, but I'm an awkward son-of-a-bitch
20 July 2008, 10:06 PM
#44
Quite a few years back I was involved in a car accident in which the person I hit from behind was perfectly fine but still claimed against me for a personal injury. I kept getting the usuall letter from solicitors threatening me which I neatly placed in the bin 
nearly 3 years later I was still recieving letters and phone cals from the solicitors as they were keep trying to intimidate me and I just ignored them all and nothing ever came of it as I think you have 3 years to make your claim My point is that if they are only going to claim against your insurance company then what difference does it make if you keep throwing them away It can't make any more difference to you but it can certainly give them a lot more grief
nearly 3 years later I was still recieving letters and phone cals from the solicitors as they were keep trying to intimidate me and I just ignored them all and nothing ever came of it as I think you have 3 years to make your claim My point is that if they are only going to claim against your insurance company then what difference does it make if you keep throwing them away It can't make any more difference to you but it can certainly give them a lot more grief
21 July 2008, 09:13 AM
#45
Scooby Regular
Join Date: Jul 2008
Posts: 32
Likes: 0
Received 0 Likes
on
0 Posts
The No-Win, No-Fee Solicitors are a lazy bunch of weasels .... they will do as little as possible and try to win something for their 'client' - but, we all know, they are simply in it to line their own pockets!!
21 July 2008, 11:22 AM
#46
Scooby Regular
Join Date: Aug 2002
Posts: 39,877
Likes: 0
Received 0 Likes
on
0 Posts
Its a dreadful example of how greed is taking over in this country now. Its not all that long ago when no one would dream of taking such action against a client who was not only helping him the do his work but took care of all the necessary bits after the incident and paid him on the button for the work as well. Anyone who tried that on would have been laughed out of court and would be a bit short of work in the future too.
DCI's advice in his original post looked good. I hope it all sorts out in your favour anyway.
Les
DCI's advice in his original post looked good. I hope it all sorts out in your favour anyway.
Les
21 July 2008, 02:48 PM
#47
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
Its a dreadful example of how greed is taking over in this country now. Its not all that long ago when no one would dream of taking such action against a client who was not only helping him the do his work but took care of all the necessary bits after the incident and paid him on the button for the work as well. Anyone who tried that on would have been laughed out of court and would be a bit short of work in the future too.
DCI's advice in his original post looked good. I hope it all sorts out in your favour anyway.
Les
DCI's advice in his original post looked good. I hope it all sorts out in your favour anyway.
Les
I must have said 'how the hell did that happen' about 5 times at the time. The fact that he said its just one of those things and mentioned no blame on me (or the dog/kids/wife/Smeg/Barrack Obama/the two girsl from Tatu) at the time will certainly be bought up in court! It was his choice to become Stevie Wonder for a sec!
Yes I'm still fuming sorry!
D
21 July 2008, 02:59 PM
#48
The blame culture in this country is pathetic ( I blame the yanks and Tony Blair ). It is a sad state of affairs when a criminal can sue their victim 
Anyway, I know its no help to your particular case, but years ago my car got nicked by some ******, coppers caught him in my car, smashed the window to get to him and dragged him out the car..
. Great 
Copper apologised to me when he returned my car and also for the dent his handcuffs made when he went for the little ****** and I said dont worry, it is a small price to bear for getting my car back. 2 days later I get a form saying I can sue the Police for damages to my car and negligence
Why ???
I didnt bother , but the fact remains I could have. Same goes for you , you try and help out and look at the thanks you get in return. Sad state of affairs
). It is a sad state of affairs when a criminal can sue their victim Anyway, I know its no help to your particular case, but years ago my car got nicked by some ******, coppers caught him in my car, smashed the window to get to him and dragged him out the car..
. Great Copper apologised to me when he returned my car and also for the dent his handcuffs made when he went for the little ****** and I said dont worry, it is a small price to bear for getting my car back. 2 days later I get a form saying I can sue the Police for damages to my car and negligence
Why ???
I didnt bother , but the fact remains I could have. Same goes for you , you try and help out and look at the thanks you get in return. Sad state of affairs
21 July 2008, 05:39 PM
#49
Scooby Regular
Join Date: May 2006
Posts: 2,278
Likes: 0
Received 0 Likes
on
0 Posts
So I pay this chippie to jiggle the kitchen cupboards around so as I can gefit a 100cm cooker in in place of the old 60cm one. He does a good job on teh units and I then give him a hand to get the new HEAVY cooker in. He had probably left about 99.8 cm a so it was a struggle and we were heaving and pushing, and then he cut his thumb...and now the solicitor's letter arrives
He alleges I was negligent in keeping pushing when he had turned around to look at my wife as she had just said something!!!!
Now I wouldnt mind so much, but I drove him to hospital (having only just returned from there 3 hours previously after 8 days with my daughter in there...) for some stiches to quite a nasty cut and then finished the job myself whilst still paying him in full. He also later reduced the width of some doors for me whilst 'unable to work through injury' for which I paid him another £100 giving him a cup of tea and sympathy for his cut in our garden when he delivered.
How a carpeneter with over 30yrs experience who took his eye off the ball at a crucial time in a tricky heavy item manouvering situation thinks its MY fault I'll never know, but such an action would be below my dignity and my self-esteem.
Absolutely preposterous and I'll be sure to make sure he declares those earnings to the tax man too whilst fighting the idiot cry-baby money grabbing t1t all the the way.
D
PS Thinking about it afterwards and trying to make sense of it, I remembered he has a glass eye and I put the accident down to his lack of stereoscopic vision. Wonder if Mr No win No Fee knows that...?
He alleges I was negligent in keeping pushing when he had turned around to look at my wife as she had just said something!!!!
Now I wouldnt mind so much, but I drove him to hospital (having only just returned from there 3 hours previously after 8 days with my daughter in there...) for some stiches to quite a nasty cut and then finished the job myself whilst still paying him in full. He also later reduced the width of some doors for me whilst 'unable to work through injury' for which I paid him another £100 giving him a cup of tea and sympathy for his cut in our garden when he delivered.
How a carpeneter with over 30yrs experience who took his eye off the ball at a crucial time in a tricky heavy item manouvering situation thinks its MY fault I'll never know, but such an action would be below my dignity and my self-esteem.
Absolutely preposterous and I'll be sure to make sure he declares those earnings to the tax man too whilst fighting the idiot cry-baby money grabbing t1t all the the way.
D
PS Thinking about it afterwards and trying to make sense of it, I remembered he has a glass eye and I put the accident down to his lack of stereoscopic vision. Wonder if Mr No win No Fee knows that...?
Play the **** at his own game.
Deny all knowledge of the incident altogether: What cooker! What cut! Dont know what your on about guv.
Don't let him anywhere near your house again, he might trip over your door mat...fukc knows how much he'd try to claim for that. Also I'd make sure that everybody who would listen knew what sort of stunt the *** was trying to pull.
21 July 2008, 06:09 PM
#50
He'll be trying to claim for loss of earnings after the accident - as he did other work for you (not sure how long after) then this should be thrown out or your solicitor should counter act with a fraud claim as he could still work.
is he nearing 60? probably wants to retire so is lining his bank acc ready
Was the work he did cash in hand or did he do it properly (vat receipt?) - if CIH then report him to the vat-man
is he nearing 60? probably wants to retire so is lining his bank acc ready
Was the work he did cash in hand or did he do it properly (vat receipt?) - if CIH then report him to the vat-man
21 July 2008, 06:45 PM
#51
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
He'll be trying to claim for loss of earnings after the accident - as he did other work for you (not sure how long after) then this should be thrown out or your solicitor should counter act with a fraud claim as he could still work.
is he nearing 60? probably wants to retire so is lining his bank acc ready
Was the work he did cash in hand or did he do it properly (vat receipt?) - if CIH then report him to the vat-man
is he nearing 60? probably wants to retire so is lining his bank acc ready
Was the work he did cash in hand or did he do it properly (vat receipt?) - if CIH then report him to the vat-man
I paid by cheque but got no invoice, receipt or mention of VAT. This means there was no 'cash discount' and so I'm squeaky clean here.
D
21 July 2008, 07:14 PM
#52
Scooby Regular
Join Date: May 2006
Posts: 2,278
Likes: 0
Received 0 Likes
on
0 Posts
He did work for me a couple of days after the injury - came back with the tweaked doors, had a cuppa and some cake, cuddled my dog, got paid and went off to see his lawyer.
I paid by cheque but got no invoice, receipt or mention of VAT. This means there was no 'cash discount' and so I'm squeaky clean here.
D
I paid by cheque but got no invoice, receipt or mention of VAT. This means there was no 'cash discount' and so I'm squeaky clean here.
D
, he needs to issue you with a VAT receipt. Input VAT is calculated on declared earnings for the period and output VAT is based on whatever % is agreed with the VATman.KY Jelly ready
Its to be hoped he aint caught flees of yer dog
21 July 2008, 11:32 PM
#53
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
Assuming he is VAT registered, he may well be on the 'Flat Rate Scheme'. In which case I dont think, and I stand corrected , he needs to issue you with a VAT receipt. Input VAT is calculated on declared earnings for the period and output VAT is based on whatever % is agreed with the VATman.
, he needs to issue you with a VAT receipt. Input VAT is calculated on declared earnings for the period and output VAT is based on whatever % is agreed with the VATman.D
22 July 2008, 09:59 AM
#55
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
D
22 July 2008, 10:17 AM
#56
Scooby Regular
Join Date: Feb 2006
Location: Going further than the station and back !!! ZZZZZZZZZzzzzzzzzzzzz
Posts: 11,097
Likes: 0
Received 0 Likes
on
0 Posts
He states he was distracted by your wife saying something to him.
all she was saying was "mind your fingers!!"
seriously, hope you get it sorted and like you say, it's a sad day when people start behaving like this!!
keep us posted !!!
all she was saying was "mind your fingers!!"
seriously, hope you get it sorted and like you say, it's a sad day when people start behaving like this!!
keep us posted !!!
22 July 2008, 10:20 AM
#57
Scooby Senior
Join Date: Jun 2006
Location: RIP - Tam the bam & Andy the Jock
Posts: 14,333
Likes: 0
Received 0 Likes
on
0 Posts
Prepare to be sued by the bald monks of Bardsey monastery for liable / slander (see recent defarmation thread)
22 July 2008, 10:47 AM
#58
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
See!!! I'm getting more and more cunning and manipulative - there is no monastery on Bardsey.
Still considering the coiffure though. Hmmmm - maybe I could even sue the hairdresser as I've had nicks from them a few times in the past...
D
. Still considering the coiffure though
. Hmmmm - maybe I could even sue the hairdresser as I've had nicks from them a few times in the past...D
22 July 2008, 08:17 PM
#59
Scooby Regular
Join Date: May 2006
Posts: 2,278
Likes: 0
Received 0 Likes
on
0 Posts
Also I think you only need to issue an invoice to VAT registered company's, so they can claim their VAT back.
31 March 2009, 10:03 PM
#60
Scooby Regular
Thread Starter
Join Date: Aug 2001
Posts: 5,280
Likes: 0
Received 0 Likes
on
0 Posts
Well at least that is one chancer and one set of chancer lawyers kicked into touch. They were told to get stuffed over 3 months ago, and that looks like it is that. Decency prevails!
I hope he gets his tax return right as any short gap in income around 'claim' time could trigger an investigation.
I've also nailed his preying on Gumtree - where I found the shyster originally. Shame, as he had skills, but no morals.
D
I hope he gets his tax return right as any short gap in income around 'claim' time could trigger an investigation.
I've also nailed his preying on Gumtree - where I found the shyster originally. Shame, as he had skills, but no morals.
D