Court Claim received from builder

[jaguarsuk]

MCOL shows under my claim status

Your defence was submitted on 27/02/2019 at 12:22:08
Your defence was received on 27/02/2019 at 14:02:26
DQ sent to you on 28/02/2019

So does this mean he has chosen to continue?

As a side note my wife has also received a claim form with the same claim reference, so we are both defendants. I'm presuming everything that has been discussed so far can apply to both of us?

It means that the process has moved on, with his DQ he'll be asked if he wishes to continue. Expect him to continue btw as if he's not bright enough to realise he should be pursuing you as a company not individual I doubt he'll be bright enough even when it's right in his face to realise his mistake.

Yes it applies to both of you as you contracted with the Ltd company not him.

[4737 Carlin]

Yes it applies to both of you as you contracted with the Ltd company not him.

Sorry, I seem to have missed something in the Thread: how do we know that Mrs Surname is a genuine party to the claim and not Mr Surname on his own?

[Chickenbrick]

We both signed the agreement.

Although my wife signed with her previous surname as this was before we were married.
Her claim has been issued using her married surname, which I'm guessing is correct.

[4737 Carlin]

We both signed the agreement.

Although my wife signed with her previous surname as this was before we were married.
Her claim has been issued using her married surname, which I'm guessing is correct.

OK - thanks for clarifying.

The name style is not a matter to be concerned with.

[Chickenbrick]

Received our DQ's in the post today and they need to returned by the 18th March.

Sorry questions now.

Whats the best way forward, keep checking MCOL to see if he files a NoD or amends the names?

If not how long do we wait before applying to strike out the claim?

[jaguarsuk]

Fill in and return the DQ’s (link in my signature how).

He is obliged, as are you to file with the court and serve on all other parties. Therefore either await him serving you his DQ or if you have not heard anything by 18th phone the court to see if he has filed his with them.

if he serves you or files with them, file an application to strike out the claim.

[Chickenbrick]

Thanks.

As a side note, what is the best way to serve copies to the claimant?

Is proof of postage sufficient as previously I have used Royal Mail signed for which was never signed for..

[jaguarsuk]

You can send it Standard Royal Mail first class and it is assumed in the CPR’s that he has been served 2 days after.

Get a proof of posting receipt.

[jaguarsuk]

If it comes to having to apply for the strike out, here's what to do

You want N244: https://assets.publishing.service.go...4_web_0818.pdf


3. What order are you asking the court to make and why ?

(1) The claim be struck out pursuant to CPR 3.4(2) on the grounds that the Claimant's name is incorrect, the statement of case discloses no reasonable grounds for being brought by this claimant and/or is an abuse of the court's process, or alternatively
(2) Summary judgement be given against the Claimant under CPR 24.2 on the ground that the claim has no real prospect of success and there is no other compelling reason why the case should be disposed of at a trial and
(3) The Claimant should pay the Defendant's costs of these proceedings


4. No
5. Without a hearing
8. District Judge
9. Claimant
10. Witness Statement

Use the Witness Statements template for formatting it and put in the below.

I, <<YOUR NAME>>, of <<YOUR ADDRESS>>, am the Defendant in this case and make this Witness Statement in support of my application for the claim to be struck out, or alternatively for summary judgement, and will state as follows;

1. The claimant's name is "<<NAME ON CLAIM FORM>>" and is the director of <<COMPANY NAME>> Limited.
2. The defendants have never entered into contract with the claimant individually, as stated in the claimants statement of case.
3. Enclosed and marked LB1 is a copy of the contract between the defendants and <<COMPANY NAME>> Limited.
4. We do not believe an order to rectify this technical error would further the overriding objective at this stage.
5. The claim discloses no cause of action for the claimant as an individual to bring it.
6. The claim discloses no detail as to any sum allegedly owed to the claimant as an individual.
7. So far as we am able to understand the claim it is denied.
8. Therefore we ask that Summary judgement be given against the Claimant under CPR 24.2 on the grounds that the claim has no real prospect of success and there is no other compelling reason why the case should be disposed of at a trial
9. As an alternative to summary judgement, we seek to strike out the Particulars of Claim on the grounds that the statement of case discloses no reasonable grounds for being brought by this individual and/or is an abuse of the court's process.

Statement of Truth

I believe the facts stated in this Witness Statement are true.

[Chickenbrick]

Thanks Jaguarsuk,

Nothing has been received yet from the claimant and no further updates on MCOL.

We will wait until early next week before returning our DQ's. Don't want to show the claimant that he has to serve and provide copies, which if he doesn't know might be apparent when he receives ours.

Any tips for getting all of section 3 text in the form box as it will only take 3 lines when edited with Adobe Acrobat Reader DC?

[jaguarsuk]

In the box type "Please see Separate Sheet Attached." Use the format of the Witness Statement Template and replace the heading "Witness Statement" with "N244 Continuation Sheet."

In the content portion of the sheet add it as follows:

3. What order are you asking the court to make and why?

1. The claim be struck out pursuant to CPR 3.4(2) on the grounds that the Claimant's name is incorrect, the statement of case discloses no reasonable grounds for being brought by this claimant and/or is an abuse of the court's process, or alternatively
2. Summary judgement be given against the Claimant under CPR 24.2 on the ground that the claim has no real prospect of success and there is no other compelling reason why the case should be disposed of at a trial and
3. The Claimant should pay the Defendant's costs of these proceedings

[Chickenbrick]

Just a little update....

Posted our DQ's on the 14th March to meet the 18th March deadline with copies served to claimant. Have received nothing so far from the claimant so unsure if they have filed.

Nothing updated on the MCOL website yet, so called and found out they are behind with processing the DQ's and currently working on those dated 6th March.

Guess will now have to wait for the DQ's to be processed, MCOL updated and then submit our N244's if required.

[Chickenbrick]

Further update... MCOL now showing DQ filed by claimant on 25/03/2019, so either it's a week late or it was back logged, only processed today and given today's date as filed.

We have not received a copy of the claimant's DQ.

A little concerned now as our DQ's were posted on the 14th March and have still not appeared on MCOL (update they have been filed today 26/03/2019)

We will now apply for the strike out.

[jaguarsuk]

Yes, it would seem you’ll have to make the application to strike out the claim.

[Chickenbrick]

We both submitted an application to strike out the claim on the 27/03/2019, although my wife's was returned saying we have have already received your application.

Wasn't sure if we needed to submit one each but hopefully just mine will be sufficient to proceed. I did call and then email the court to clarify that we both wish to apply for strike out, as the remaining application only has my name on it.

The claim was transferred to my local court on the 29/03/2019 and there are no further updates as yet.