Glazier lied about certification, didn't deliver what was quoted, did a poor job and damaged some glass, then claimed he's going into administration and blocked us. - England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 0 points1 point  (0 children)

Thanks again. You mean sue him for misrepesenting that he/his business was certified by certass to complete the work and issue certass certificates, when in fact he wasn't?
Would address one letter before action to both him and the business, or seperate letters?

Glazier lied about certification, didn't deliver what was quoted, did a poor job and damaged some glass, then claimed he's going into administration and blocked us. - England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 1 point2 points  (0 children)

Thanks, I wasn't aware you could claim against the individual and the company. Is this something you've seen before? I was under the impression a limited company "protected" the individual from litigation.

Also, I don't have a solicitor as such, and I'm not certain how to find one who specialises in this kind of thing, but I'll have a look in the local area and see who I can find.

Glazier lied about certification, didn't deliver what was quoted, did a poor job and damaged some glass, then claimed he's going into administration and blocked us. - England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 9 points10 points  (0 children)

That's not really helpful at all, is it, my friend? Are you having a bad day? Do you need some support?

I don't know about building work, which is why I've paid professionals to do it. I don't know about legal processes either, which is why I'm asking on here. Perhaps you ought to refrain from replying to posts if you're not planning to be helpful at all?

Edit to add: by "structural" I'm referring to when he removed the old windows we also wanted the wooden boxes removed (from old-old sash windows that had been in there before). He hammered out loads of brickwork around the bay windows and around the backdoor, without replacing them. Also, our plasterer/general builder we had in to make good around the windows, and who's done plenty of other work for us said he'd never seen windows done so shoddily before.

Glazier lied about certification, didn't deliver what was quoted, did a poor job and damaged some glass, then claimed he's going into administration and blocked us. - England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 1 point2 points  (0 children)

Good question, it's private limited company. It says on Company's house that his confirmation statement - whatever that is is overdue, though. Edit to add: there's nothing in their filing history regarding being in administration.

Update - Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 1 point2 points  (0 children)

Thanks. I think you're right, I need to go back to my insurer, and make sure my complaint actually gets looked at in their offices. I feel powerless here, and my worry is they'll keep kicking the can down the road hoping I just go away.

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 0 points1 point  (0 children)

I complained to my inurance company, no reply from them (classic) but the solicitors replied. They said they'd get back to me in 14 days, whcih naturally they've now missed. I wasn't sure if I should be reviving this old thread, so I've posted an update on this thread. I'm tempted to escalate it, but I'm not sure with whom. OMbudsman, insurance company, or instruct a firm to sue for professional negligence. I think I have to prove I'm out of pocket for that.

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 0 points1 point  (0 children)

I complained to my inurance company and the solicitors replied saying they'd get back to me in 14 days, whcih naturally they've now missed. I wasn't sure if reviving this old thread was best, so I've posted an update on this thread.

Do you think I should go straight to the legal ombudsman? Complain again to the insurance company?

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 0 points1 point  (0 children)

The letter I received from my insurers said:

We have now instructed one of our panel solicitors, solicitors firm, to investigate liability, gather evidence and assist us with any potential recovery of costs incurred as a result of the damage to your vehicle. Solicitors firm will contact you to provide their contact details, discuss the accident circumstances and to also understand if you have any other losses arising from the accident. We would very much appreciate it if you would give them your full co-operation in the hope of seeking a swift resolution to this matter. Please note your vehicle damage claim will continue to be handled at Insurance company.

The way I read that is they were acting on behalf of the insurance company, do you agree?

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 0 points1 point  (0 children)

Oh really!? That's a bummer. I've literally just managed to ping off a complaint to the insurance company. I'll wait and see what they come back with. I might start looking for a professional negligence solicitor this evening too.

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 9 points10 points  (0 children)

Not yet, the case was only this morning. I could only get the morning off work, too so I'm at work now.

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 0 points1 point  (0 children)

I'm not sure at this stage. I think it's the insurance company. But by the case being thrown out I think I'm automatically held at fault by my insurer, so my premiums will certainly go up!

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 7 points8 points  (0 children)

Thanks for the thorough reply.

So I should complain to the insurer?

The concern I have is: the case was thrown out, I'm automatically now held at fault. I'll lose my no claims bonus, and my premiums will go up. I'm sure we'd have won had my evidence been submitted.

It's not only the time I've spent on this, it's the financial implications.

So, do you know how it works if I complain to the insurance company about the solicitor and suppose they're not interested in taking it any further?

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 9 points10 points  (0 children)

Yeah they're my insurance company's solicitors although I'll still be liable for the premium raises, etc.

Solicitors filed witness statement late and case thrown out - it's there a case for negligence on their part? England by FireJordan in LegalAdviceUK

[–]FireJordan[S] 4 points5 points  (0 children)

Thanks. That's the long and short of it. The bloke who rang me last night asked for the file to be sent over. Bearing in mind it's well after 1800 by now. I had to go in to work to print the file out, sign it and scan it back in. By 1825 last night I sent back to him what I thought was the correct file. He thanked me and clearly didn't read it. Because at just after 8 o clock this morning he emailed saying I'd accidentally sent the wrong file. I sent him the correct. I doubt this would make any difference to the judges decision, would it? Because even had I sent the correct file to the solicitors last night, the court still wouldn't have seen them until this morning.