£144 per hour for non emergency plumber

£144 per hour for non emergency plumber

Author
Discussion

bad company

18,640 posts

267 months

Friday 12th October 2018
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mangos said:
Thanks, I was worried that the wording seemed strange - 'particular whether the present parties are the correct parties to the proceedings'.

It's also being held at a magistrates court much further away from me rather than the local county court...
You could phone the Court and ask why the case is being heard in Hertford which is difficult for you.

KungFuPanda

4,334 posts

171 months

Friday 12th October 2018
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Note that this hearing is not a final hearing to determine liability for the debt. It’s merely a hearing to determine directions (instructions to both parties to prepare the matter for a hearing).

OP, I wouldn’t worry about it too much.

At the hearing, you can ask the Judge to transfer this matter to your local County Court.

MB140

4,076 posts

104 months

Friday 12th October 2018
quotequote all
KungFuPanda said:
Note that this hearing is not a final hearing to determine liability for the debt. It’s merely a hearing to determine directions (instructions to both parties to prepare the matter for a hearing).

OP, I wouldn’t worry about it too much.

At the hearing, you can ask the Judge to transfer this matter to your local County Court.
My understanding is that the person who files (plumber in this case) always gets to choose where the hearing is held so it will be the plumbers choice.

Flibble

6,475 posts

182 months

Friday 12th October 2018
quotequote all
MB140 said:
KungFuPanda said:
Note that this hearing is not a final hearing to determine liability for the debt. It’s merely a hearing to determine directions (instructions to both parties to prepare the matter for a hearing).

OP, I wouldn’t worry about it too much.

At the hearing, you can ask the Judge to transfer this matter to your local County Court.
My understanding is that the person who files (plumber in this case) always gets to choose where the hearing is held so it will be the plumbers choice.
Usually it's moved close to the defendant, if they are not a limited company.

KungFuPanda

4,334 posts

171 months

Friday 12th October 2018
quotequote all
MB140 said:
KungFuPanda said:
Note that this hearing is not a final hearing to determine liability for the debt. It’s merely a hearing to determine directions (instructions to both parties to prepare the matter for a hearing).

OP, I wouldn’t worry about it too much.

At the hearing, you can ask the Judge to transfer this matter to your local County Court.
My understanding is that the person who files (plumber in this case) always gets to choose where the hearing is held so it will be the plumbers choice.
CPR Part 26. The claim will usually be moved to the Defendant’s home court automatically or once directions have been set if the defendant is an individual.

Edited by KungFuPanda on Friday 12th October 17:22

bad company

18,640 posts

267 months

Friday 12th October 2018
quotequote all
MB140 said:
My understanding is that the person who files (plumber in this case) always gets to choose where the hearing is held so it will be the plumbers choice.
Your understanding is wrong. The case is normally heard at the defendants local Court.

MB140

4,076 posts

104 months

Friday 12th October 2018
quotequote all
Well in that case I stand corrected. Simple then get the plumber to come to your chosen court. Make the bd travel.

Either way I still hope you win. Shister plumber.

KungFuPanda

4,334 posts

171 months

Saturday 13th October 2018
quotequote all
MB140 said:
Well in that case I stand corrected. Simple then get the plumber to come to your chosen court. Make the bd travel.

Either way I still hope you win. Shister plumber.
I had a County Court claim issued against me once by a parking company. I had the intention of asking that the matter be listed at a Court at the opposite end of the country than their offices under the pretence I had a holiday home there. Sadly the matter never got that far as they discontinued due to the fact that they got my name wrong and didn’t want to pay for a hearing to request the Court’s permission to change the pleadings.

bad company

18,640 posts

267 months

Saturday 13th October 2018
quotequote all
KungFuPanda said:
I had a County Court claim issued against me once by a parking company. I had the intention of asking that the matter be listed at a Court at the opposite end of the country than their offices under the pretence I had a holiday home there. Sadly the matter never got that far as they discontinued due to the fact that they got my name wrong and didn’t want to pay for a hearing to request the Court’s permission to change the pleadings.
They’d have either submitted their evidence in writing only or used a law firm local to the Court as an agent.

Red Devil

13,067 posts

209 months

Saturday 13th October 2018
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mangos said:
bad company said:
I was wondering what was happening. No problem op, just send the paperwork they’re asking for to the Court and the Claimant. I’d then try to put it out of your mind until the hearing in February.
Thanks, I was worried that the wording seemed strange - 'particular whether the present parties are the correct parties to the proceedings'.

It's also being held at a magistrates court much further away from me rather than the local county court...
The claim has been issued in the name of an individual (Mr X). The invoice may be in the name of a firm (XXX Plumbers).
That could introduce some doubt as to whom the contracting parties are.
I reckon the DJ wants to be satisfied that Mr X has the necessary standing to bring the claim.

I'm pretty sure I can guess which DCA is involved.

KungFuPanda

4,334 posts

171 months

Saturday 13th October 2018
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If that’s the case, shouldn’t the whole claim be kicked out and restarted in the name of the correct legal entity?

mcdk2

137 posts

233 months

Sunday 14th October 2018
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I just skipped from page 2 to here, sorry to hear that the op is having to suffer this, really hope they win against the scum.

Doesn't help this time, but in my experience, most plumbing is really quite simple. Just read a DIY book, use some logic, start small and build experience. It can even be fun. Pipe soldering is a real pleasure for example. I took an old boiler and tank out once and cashed it in for £130 at the scrappers - a plumber would normally 'take the old one away for you for free'. Another little benefit.
I would never touch gas or break the rules on electric installs, but the rest is money for old rope.

MB140

4,076 posts

104 months

Sunday 14th October 2018
quotequote all
mcdk2 said:
I just skipped from page 2 to here, sorry to hear that the op is having to suffer this, really hope they win against the scum.

Doesn't help this time, but in my experience, most plumbing is really quite simple. Just read a DIY book, use some logic, start small and build experience. It can even be fun. Pipe soldering is a real pleasure for example. I took an old boiler and tank out once and cashed it in for £130 at the scrappers - a plumber would normally 'take the old one away for you for free'. Another little benefit.
I would never touch gas or break the rules on electric installs, but the rest is money for old rope.
Strange you should say that. Years ago my gran was having a new combo boiler fitter and an old copper tank remover.

Me and my brother went round to visit gran (aged 82) just as the plumber and his mate were lifting this huge copper tank into the back of his van.

He was not happy when me and my brother told him in no uncertain word to put it back.

fking even had the cheek to try and charge my gran £100 disposal fee in the quote. To top it off he even then tried to invoice her for the said £100 when me and my brother had put it back on the garage.

Tosspot.

bad company

18,640 posts

267 months

Sunday 14th October 2018
quotequote all
KungFuPanda said:
If that’s the case, shouldn’t the whole claim be kicked out and restarted in the name of the correct legal entity?
That looks like an excellent point. As far as I can see the invoice/contract was with XXX Plumming and Drain Services Ltd., but the M.D. seems to have issued these proceedings in a personal capacity. If that’s the case I should point out that no contract exists or ever existed between the op and Mr. M.

mangos

Original Poster:

2,972 posts

182 months

Sunday 14th October 2018
quotequote all
I hadn’t thought of that!

Of course the claim should be in the name of the company, but it’s all under his name.


dmsims

6,534 posts

268 months

Sunday 14th October 2018
quotequote all
mangos said:
I hadn’t thought of that!

Of course the claim should be in the name of the company, but it’s all under his name.
Indeed and another rookie mistake is that the address needs to be where the company is Registered

KungFuPanda

4,334 posts

171 months

Sunday 14th October 2018
quotequote all
I think the Judge who has had a look at the pleadings has been pretty switched on and noticed the discrepancy in the legal entity of the plumbing company / MD.

If I were the OP, I’d argue at the hearing that the case should be kicked out with any incidental costs of attending said hearing being paid by the Claimant.

Alternatively, if the Judge allows the Claimant to be changed to show the Ltd company as the Claimant, you should still ask for your costs of attendance of the hearing to be paid by the Claimant as the hearing wouldn’t ordinarily be needed.

dickymint

24,380 posts

259 months

Sunday 14th October 2018
quotequote all
KungFuPanda said:
I think the Judge who has had a look at the pleadings has been pretty switched on and noticed the discrepancy in the legal entity of the plumbing company / MD.

If I were the OP, I’d argue at the hearing that the case should be kicked out with any incidental costs of attending said hearing being paid by the Claimant.

Alternatively, if the Judge allows the Claimant to be changed to show the Ltd company as the Claimant, you should still ask for your costs of attendance of the hearing to be paid by the Claimant as the hearing wouldn’t ordinarily be needed.
Can't remember if the claimant is a limited company or not - would this make a difference?

bad company

18,640 posts

267 months

Sunday 14th October 2018
quotequote all
dickymint said:
Can't remember if the claimant is a limited company or not - would this make a difference?
rolleyes

dickymint

24,380 posts

259 months

Sunday 14th October 2018
quotequote all
bad company said:
dickymint said:
Can't remember if the claimant is a limited company or not - would this make a difference?
rolleyes
confused just a simple question. Maybe for non limited/registered companies the name of the claimant doesn't have to be the company? I don't know that's why i'm asking!!