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Rogue Customer with hidden intent,

Re: Rogue Customer with hidden intent,

Postby atticus » Sun Dec 18, 2016 10:19 am

I am not aware of any guidelines on this question.
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Re: Rogue Customer with hidden intent,

Postby atticus » Sun Dec 18, 2016 10:24 am

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Re: Rogue Customer with hidden intent,

Postby Mattie » Sun Dec 18, 2016 10:42 am

atticus wrote:Is this in your reading list?

http://www.judiciary.gov.uk/publication ... vil-221013
Thank you. :D
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Re: Rogue Customer with hidden intent,

Postby Mattie » Wed Dec 21, 2016 12:45 pm

Plaintiff agrees to Arbitration as an alternative way of settling the dispute (in writing via email)t wice. Three weeks later breached the undertaking, giving notice to the defendant to come up with a free mediation service within 4 days. :lol:

Basics are, as suspected, plaintiff is skint, and prob never has had the money to pay for the work in the first place and set us up to fail

keeping in mind of being at the Pre-Action stage of the claim for money, Is there reference to a mechanism whereby the undertaking can be enforced by the defendant.

4 months off pissing around with someone who has never had the money to cover the costs of litigation is extremely frustrating considering the amount of time and effort spent dealing with a bogus claim

Thanks in advance,
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Re: Rogue Customer with hidden intent,

Postby atticus » Wed Dec 21, 2016 1:55 pm

If there is a binding agreement to arbitrate, the Court will order a stay of court proceedings.
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Re: Rogue Customer with hidden intent,

Postby atticus » Wed Dec 21, 2016 2:00 pm

What you appear to have is a customer who won't pay, and in all likelihood can't pay.

You should consider engineering a settlement in which you each agree to drop hands and walk away.
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Re: Rogue Customer with hidden intent,

Postby diy » Thu Dec 22, 2016 3:19 pm

He may not have ready cash but he has a house and may need future credit.
My suggestions are not legal advice
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Re: Rogue Customer with hidden intent,

Postby Mattie » Thu Dec 22, 2016 5:50 pm

Its a no go with trying to reach a compromise. 5 tempts over the 4 months that this action has dragged on.They don't even acknowledge the offer to find a solution. Very dogmatic people, hell bent on wasting other peoples time and money.

We set aside 4.5k to fight this all the way through litigation. We had no other choice but to defend our good name, first class reputation and integrity. We are not thieves, cowboys or bodge artists. We are a very busy professional sole trader with 4 highly skilled employees.

It is clear to us (as we early on suspected) the ability to pay for the work 4 months ago has never been there and this action is to disguise that fact.

The plaintiff agreed to arbitration, twice in two separate emails, a month ago, and now, when asked to draw up an agreement, suddenly prefers a free service. Logic dictates, to me at least that you do not agree to something, as a litigant in person, before knowing what one is agreeing too. The fact is was only 2 days ago that they checked the costing attached to arbitration suggests to me, (as has been the case right from the off) they are on a mess-about.

We counter-claimed the claim, for the sum of the original invoice. The thinking is to end this before we get dragged in to weeks, if not months, of mediation, is start proceeding if it is that no response to the counter claim is received out of time. We will show the court the undertaking, and how we have tried very hard to negotiate a compromise. Worth a punt?

Attie, the link to the Hand book. Thanks so much for posting. A great guide for amateurs entering in to litigation for the first time. :-)
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Re: Rogue Customer with hidden intent,

Postby Mattie » Mon Jan 09, 2017 12:52 pm

Will a civil court accept a claim for money without statements of truth from Plaintiff, Expert witness and witness?

Also, is there anything to say that a defendant cannot start misrepresentation civil proceedings while in related litigation as the defendant?
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Re: Rogue Customer with hidden intent,

Postby atticus » Mon Jan 09, 2017 1:06 pm

The Claimant must verify his Particulars of Claim with a statement of truth.
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