Counterclaim help

[cotongirl]

Hi, my daughter received a claim from a builder who started work on her home and wrecked it. He left leaving the job in a mess and incomplete. He sent an invoice for the work he claimed he had done and at the same time, without giving her anytime to respond started a claim against her in the County Court two days after sending her an invoice.

After consulting a solicitor, she put in a lengthy counterclaim to put right the work ,and for the damage to her home that he caused.

I understand that he should respond to the court within 14 days of the Directions Questionnaire and send a copy of his completed form along with a copy of his response to her counterclaim to her as well- sorry if I am not explaining myself. Is this correct?

This date for filing a defence to counterclaim and Directions Questionnaire was two weeks ago. She has received nothing from him although she sent a copy of her completed Directions Questionnaire to him.

Could someone clarify the procedure and what she should do now if he has defaulted in anyway?

[jaguarsuk]

I understand that he should respond to the court within 14 days of the Directions Questionnaire and send a copy of his completed form along with a copy of his response to her counterclaim to her as well- sorry if I am not explaining myself. Is this correct?

Yes

This date for filing a defence to counterclaim and Directions Questionnaire was two weeks ago. She has received nothing from him although she sent a copy of her completed Directions Questionnaire to him.

Could someone clarify the procedure and what she should do now if he has defaulted in anyway?

You should complete form N255 and request summary judgement of the Counterclaim. On the form your daughter should write "Part 20" above the word Claimant in the top right hand corner and then her name in the adjacent box as the Part 20 Claimant, then "Part 20" above Defendant with his name in the corresponding box.

There's no fee, just send it to the court the claim has been transferred to.

[cotongirl]

Oh thanks for that. I am assuming that he has now defaulted?

If she rings the court and he has sent a defence to her counterclaim and not to her, does this still amount to a default?

I don't know if I made it clear in the post, that he did not follow any Pre Action Protocol at all (as new rules October 2017). No letter before action, no nothing, just an invoice followed by court claim..does this make any difference to how the judge would look at the case?

She keep writing to him to request information, but he does not respond.

[jaguarsuk]

Oh thanks for that. I am assuming that he has now defaulted?

If she rings the court and he has sent a defence to her counterclaim and not to her, does this still amount to a default?

I don't know if I made it clear in the post, that he did not follow any Pre Action Protocol at all (as new rules October 2017). No letter before action, no nothing, just an invoice followed by court claim..does this make any difference to how the judge would look at the case?

She keep writing to him to request information, but he does not respond.

Her judgement would be one in default if that's what you mean, if it is the case he has failed to file a reply in the allocated time.

If he has filed the Defence to Counterclaim with the court, but not served your daughter then this could be considered unreasonable conduct in the claim when consideration for costs is taking place pursuant to CPR 27.14 at the hearing. It would not allow your daughter to enter summary judgement on the Counterclaim as it would be defended.

Again his lack of following procedure is only relevant regarding any costs request at the hearing.

[Amethyst]

Did the counterclaim include a monetary alternative to the specific performance claim ?

[cotongirl]

Amethyst, yes she submitted a monetary counterclaim as he caused significant damage to the rooms he was not working in. He damaged her processions, and the materials she supplied to do the work were also damaged.

[Amethyst]

Okay so there's a monetary alternative value to "put right the work" rather than just specific performance. In that case the monetary value would be entered in the default judgment request - but yes check with court first whether a defence has been filed and not yet served.

[Ssssssssss]

Amethyst, yes she submitted a monetary counterclaim as he caused significant damage to the rooms he was not working in. He damaged her processions, and the materials she supplied to do the work were also damaged.

Hi cotongirl. Your daughter sounds like she is in almost the same situation as us but further down the line. We are just formulating our counterclaim now and defence. It's proving difficult to say the least.

I'm sorry to hear it happened to you and i hope you get the default judgement that it looks like your are headed to.

Am i able to contact you with regard to any advice on formulating a counterclaim at all ? Sounds like ours will be very similar !