Issues with buyer of house

Bibbitybobbitybop

Comms69 said:

Bibbitybobbitybop said:

No. You'll be sent directions which will lay out a timetable for serving evidence, including on how he has calculated his losses. Even if he won he'd get nothing for his "time". 

That's simply not true. Why would you say that?

Which bit?
You think district judges award damages for personal time spent rectifying things, above and beyond the actual cost of rectification....??

Comms69

Bibbitybobbitybop said:

Comms69 said:

Bibbitybobbitybop said:

No. You'll be sent directions which will lay out a timetable for serving evidence, including on how he has calculated his losses. Even if he won he'd get nothing for his "time". 

That's simply not true. Why would you say that?

Which bit?
You think district judges award damages for personal time spent rectifying things, above and beyond the actual cost of rectification....??

They awards 'costs' not damages for time spent - yes. 

Bibbitybobbitybop

OP said the buyer was claiming for time. Perhaps you missed that before jumping on my response.

I can assure you I understand costs are recoverable but... SCT costs are fixed in any event and nothing whatsoever to do with "time". 

Comms69

Bibbitybobbitybop said:

OP said the buyer was claiming for time. Perhaps you missed that before jumping on my response.

I can assure you I understand costs are recoverable but... SCT costs are fixed in any event and nothing whatsoever to do with "time". 

What?  

https://www.moneyclaimsuk.co.uk/litigant-in-person-costs-and-expenses.aspx 

Which Litigant in Person expenses can be included on the fast track?

You should keep an accurate record of your costs and time to be able to prove loss.

• Time preparing letters
• Postage, including Recorded and Special Delivery
• Faxes
• Time preparing claim, directions questionnaire, court bundle, hearing
• Copying
• Stationery
• Telephone calls

How are litigant in person costs decided?

A litigant cannot benefit from the fault of another so a litigant in person is not be allowed to profit from the work carried out by them on a case. However some reimbursement for the cost and time taken will usually be allowed. To pre-empt double recovery:

A litigant who is allowed costs for attending at court to conduct his case is not entitled to a witness allowance in respect of such attendance in addition to those costs.

Litigants in person (LIPs) fall into two categories: those who can prove financial loss and those who cannot.

For those who can prove loss there are two caps. They cannot recover more than they have lost and they cannot recover more than two-thirds of the amount to which a solicitor would have been entitled.

For those who cannot prove financial loss the rate of £19 an hour is compensation for time reasonably spent as assessed by the Judge.

(your assurances suddenly dont add up to much unfortunately)

Bibbitybobbitybop

And... even if costs were recoverable on a time spent basis, that's time spent on the claim NOT rectifying the damage.

Bibbitybobbitybop

Yes thank for copying and pasting the section from the CPR for FAST TRACK CASES!!

Comms69

Bibbitybobbitybop said:

And... even if costs were recoverable on a time spent basis, that's time spent on the claim NOT rectifying the damage.

Ah i see what you're getting at.

That's also incorrect: It just needs to be shown that there was a loss as a result of this. 

So if you have to take a take off to rectify the problem, you can claim for that for example. 

Bibbitybobbitybop

He's claiming £2k. That's a SCT case, not FT.
No, you are so unbelievably unlikely to get a DJ to award "time" in the manner sought.

I don't want to embarrass you by telling you my job. I'll just leave it there and I'm sure the OP will figure this all out.

Comms69

Bibbitybobbitybop said:

He's claiming £2k. That's a SCT case, not FT.
No, you are so unbelievably unlikely to get a DJ to award "time" in the manner sought.

I don't want to embarrass you by telling you my job. I'll just leave it there and I'm sure the OP will figure this all out.

I fail to see how your job would embarrass me, so go for it. But granted this would be small claims, rather than fast track. 

eve824

Just a quick update. Got legal help through our home insurance, they basically said it's a total nonsense claim (their words) and that it should be struck out. Put their written defence in - legal style of writing and very clear we had involved a lawyer. Refused mediation so his only next step was to pay the hearing fee. It did the trick and scared him off as he never responded or took it any further and let the claim expire. Thanks for the help given.