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No serious attempt to comply with CPR 16.4(1) by setting out

Customer Question
a concise statement of the...
No serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts.
Kindly, provide the template for CPR 16.4(1) and the daily interest charges to be added on the original amount
Submitted: 6 years ago.Category: UK Law
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4/4/2011
Solicitor: Daniel Smith, Daniel Smith replied 6 years ago
Daniel Smith
Daniel Smith, Daniel Smith
Category: UK Law
Satisfied Customers: 4,035
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Hi there. Thanks for your question, I will help you with this.

There is no "template" to comply with CPR 16.4. This simply requires parties to set out their claim with sufficient details so as to enable a defendant to understand the case he has to meet.

As for interest, if you're claiming the statutory rate of 8%, you should set it out like this:

The claimant claims interest pursuant to s69 County Courts Act 1984 at a rTe of 8% per annum amounting to xxxxx for the period xxxxxx to xxxxxx and continuing thereafter at a daily rate of xxxx.

Hope this helps.
Dan
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Customer reply replied 6 years ago

what are the contents of CPR 16.4?

difference between aggravated and exemplary damages? and grounds for claiming them.

what is the meaning of the following statements,

" particulars of claim to be verified by a statement of truth"

seeking interest under an enactment and if so which

 

 

Solicitor: Daniel Smith, Daniel Smith replied 6 years ago

Okay, taking each point:

 

1. CPR 16.4 can be accessed at the MOJ website here: http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part16.htm

 

2. Statement of Truth, is a bit that goes on the bottom of your pleading in the following format (if you're an individual):

 

"I, Mr xxxxxxxx, believe that the content of these Particulars of Claim are true." And you sign underneath this and print your name.

 

3. Interest under an enactment is what I've referred you to above - s.69 CCA 1984 for claims in the County Court.

 

Dan

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Customer reply replied 6 years ago
you have missed aggravated and exemplary damages
Solicitor: Daniel Smith, Daniel Smith replied 6 years ago

Whoops - sorry!

 

Aggravated damages - this is an enhanced award of damages to compensate a claimant where the defendant has somehow profited from his wrongdoing.

 

Exemplary damages - these are awarded rarely and represent the Court punishing the defendant. They are rarely seen.

 

The difference essentially is that aggravated are used to compensate a claimant for wrongdoing, and exemplary are used to punish a defendant.

 

Dan

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Customer reply replied 6 years ago

Kindly explain

Provisional damages and grounds for claiming them.

such other matters as may be set out in a practice direction.

What is practice direction?

 

Solicitor: Daniel Smith, Daniel Smith replied 6 years ago

I think we're straying from the original question a little ....

 

A practice direction accompanies the main rules of court. Again, you can find them on the website I directed you to.

 

Provisional damages - damages you seek provisionally, without a full hearing, and again, they are only really awarded in personal injury claims.

 

Sometimes, the practice direction requires you to state certain things in certain types of claim. You can look through these on the site I directed you to under Rule 16.

 

Dan

 

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Customer reply replied 6 years ago
Dan, Please check & advise for the statement. ThanksIN THE LUTON COUNTY COURT

Claim No. 1QT00500

BETWEEN:

ASGAR ALI RAVJANI

Claimant

- and -

 

EPSOM BUILDERS LTD

Defendant

 

Statement of Asgar Ali Ravjani

 

 

I , Asgar Ali Ravjani of Astrad Building Services at Atlas Business Centre , Oxgate Lane, Staples Corner London NW2 7HJ do sincerely and solemnly declare as below:

 

  1. The Defendant is indebted to the Claimant in the sum claimed.

 

 

  1. The Defendant did entered into the agreement with the Claimant as follows:

 

Exhibit 1

 

Dated 18th October 2004 Mark Wilson of Epsom Builders Ltd agreed verbally with Asgar Ali Ravjani of Astrad Building Services the figure of £21,000 for the said work and later confirmed in Final Accounts Regarding 64-66 Carlton Avenue and as shown in Exhibit 12, Page 4, Additional Works.

 

Exhibit 2

 

Dated 28th October 2004, quotation was given for radiator covers and Paul Berry of Epsom Builders Ltd replied with a fax agreement message on 29th October 2004 at 12.10 pm.

 

Exhibit 3

 

Dated 29th October 2004, quotation was sent for written confirmation of additional works as detailed in the quotation. Paul Berry from Epsom Builders Ltd replied on 29th October 2004 at 5.15 and agreed to the points mentioned in this fax.

 

Exhibit 4

 

Dated 11th November 2004, further agreement for additional work was done by Paul Berry of Epsom Builders Ltd quotation was done was signed and faxed back.

 

Exhibit 5

 

Further additional work was agreed verbally and we were asked to push the job.

 

 

  1. The above particulars do disclose a cause of action for the Claimant

 

 

  1. The Claimant has waited for several years on promises from the Defendant as follows:

 

. a . The Defendant claimed that, the client, Care Management Group (CMG) has not paid him and that the Defendant will pay the Claimant when he will receive the money. CMG confirmed that all the payments have been made to Epsom Builders Ltd.

Confronted with that fact the Defendant confirmed that they will pay to the Claimant only £40,000.00 even though the final statement was in a region of £65,000.00.

 

.b. The Defendant claimed that CMG charged them late completion fees, however, again CMG has confirmed that there were no late completion charges. When confronted the Epsom Builders Ltd confirmed that in fact there was no late completion charges.

 

 

.c. Paul Berry confirmed verbally as well that once the work is finished it is a common practice not to pay in full to the subcontractors until they enforce it.

 

 

. d. During last conversation with Mark Wilson at the end of 2010 he stated that he did not owe Astrad Building Services any money at all. When confronted with the fact that we do have a fax from his office to confirm that he does owe Astrad money he said: ,, yes he does owe us money , however he does not have any money to pay us at present,, Therefore I informed Mark Wilson that we will take a legal actions as we have waited long enough for the payment.

 

 

 

 

  1. The Defendant entered into a Contract with the Claimant for the refurbishment of an existing Care Home at 64 - 66 Carlton Avenue, the initial agreed contract was at £115,000.00 excluding VAT as shown in Exhibit 6 dated 10th June 2004. As stated in the contract notes No. 14 for the said Exhibit it was agreed that late completion would be charged at £500.00 per week from the above date.

 

Additional works for the refurbishment of the existing care home was agreed on 7th July 2004 as shown in Exhibit 7. Paragraph 2 of Exhibit 7 states that the start date has altered to the 28th June 2004 and the completion date to the 8th October 2004

 

However, the actual work order No.1470/MW/Kent by Epsom Builders Ltd was not signed until 29th July 2004 as shown in Exhibit 8 therefore altering the start date to 29th July 2004 and the completion date to the 10th November 2004. Harrow Council issued the actual Completion Certificate, for the Completion Date of 9th November 2004. Furthermore the Council rejected the Structural Calculations and the Plans provided by Epsom Builders Ltd subsequently our Consultant Mel - Pindi Constructional Services provided Structural Calculations and Plans, which were approved by the Council as, confirmed by the Harrow Council letter from Building Control dated 16th December 2004 - as shown in Exhibit 9 moreover the work order was excluding all sanitary ware and Epsom Builders Ltd were supposed to provide it , but they failed to do deliveries on time as shown in 19th October 2004 letter from the Claimant awaiting delivery. (Exhibit 10)

 

Regardless of the circumstances the work was finished and Gas Certificate (CORGI), Electrical (N. I. C. E. I.) Certificate, Fire Alarm Certificate and Completion Certificate from Harrow Council was handed over to the Defendant (Exhibit 11).

 

As shown in Exhibit 6, contract notes no 18 it was agreed that no retention would be held back to this contract and final payment will be made 10 days from receipt of all Certificates. Instead we received a fax message dated 11th January 2005 at 4.55 pm for the Final Account regarding 64 - 66 Carlton Avenue (Exhibit no. 12) on page 2 of the said exhibit additional works payment was £31,605.00 where as agreed figure verbally and by fax messages was in fact £64,796.06. We where astonished to see those figures by Epsom Builders Ltd and we have had a dispute since that fax message.

 

We are still waiting for these payments to be made by Epsom Builders Ltd.

 

We humbly request the court to order the Defendant to discharge the outstanding amount together with interest and all legal expenses and compensation for overdrafts occurred by none payment, due to the fact that we had to pay suppliers, builders and office staff as promised when the work was completed

 

Dated this day of 20. .

 

 

 

.......................................

Claimant

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

IN THE LUTON COUNTY COURT

Claim No. 1QT00500

BETWEEN:

ASGAR ALI RAVJANI

Claimant

- and -

 

EPSOM BUILDERS LTD

Defendant

 

 

_______________________________

____________BUNDLE OF DOCUMENTS__________

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Solicitor: Daniel Smith, Daniel Smith replied 6 years ago
Sorry but that would have to be a different question and you haven't accepted the first one yet.
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Customer reply replied 6 years ago
Dan, its the same question as we forwarded this statement to the court and they replied that it makes no serious attempt to comply with CPR 16.4(1) by setting out a concise statement of the facts
Solicitor: Daniel Smith, Daniel Smith replied 6 years ago
I'm sorry but there has to be a limit on what you get for £30.
Ask Your Own UK Law Question
Customer reply replied 6 years ago
Dan, We agreed your fee before hand we cant discuss that now, please reply to the original question, looking forward to a positive feedback from you.
Solicitor: Daniel Smith, Daniel Smith replied 6 years ago
I'll opt out and see if anybody else wants to answer you then.
Ask Your Own UK Law Question
Customer reply replied 6 years ago
Dan, thats fine please let somebody else answer my original question. You advertise satisfaction is fully guaranteed. I was not expecting this kind of response. please, do opt out
Solicitor: Daniel Smith, Daniel Smith replied 6 years ago
Yes, and sadly done people are hard to satisfy.
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Solicitor: Jo C., Barrister replied 6 years ago
Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 70,826
Experience: Over 5 years in practice.
Verified
Hi

Thank you for your question. I will try to help with this.

Im afraid I agree with my colleague. Your original question has been answered.
Ask Your Own UK Law Question
Customer reply replied 6 years ago
Dan, will somebody get in touch with me or how do we move forward?
Solicitor: Jo C., Barrister replied 6 years ago

I've responded above.

i agree with my colleague.
Ask Your Own UK Law Question
Solicitor: Jo C., Barrister replied 6 years ago

I've responded above.

i agree with my colleague.
Ask Your Own UK Law Question
Customer reply replied 6 years ago

Dan, will somebody get in touch with me or how do we move forward?

I dont agree with that, the original question is not answered

Solicitor: Jo C., Barrister replied 6 years ago
OK then.

Good luck with this.
Ask Your Own UK Law Question
Customer reply replied 6 years ago
Relist: Incomplete answer.
please give the complete answer
Solicitor: Jo C., Barrister replied 6 years ago
I've opted out of this question as I believe that my colleague has given you the complete answer to your original question.
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Customer reply replied 6 years ago
please give complete answer
Solicitor: Jo C., Barrister replied 6 years ago
Please see my earlier comments and my colleagues answer
Ask Your Own UK Law Question
Ask Jo C. Your Own Question
Jo C.
Jo C.
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