Court Claim received from builder

[CLL1]

There is a high risk that the court will allow an application to amend C's name, given the facts are clearly known and he is an LiP. I'd have saved the £255.00 and simply defended on the basis of no liability, but time shall tell!

[Chickenbrick]

Further update. Have now received a Notice of Hearing of Application.

Does this mean we have to attend?

[2222]

Further update. Have now received a Notice of Hearing of Application.

Does this mean we have to attend?

Hard to tell what it means, as that copy is not legible.

[Chickenbrick]

Hard to tell what it means, as that copy is not legible.

Did you try clicking on the picture?

[Amethyst]

[Amethyst]

And yes you will need to attend to argue your application to strike. Has the other side sent any response to the application at all ?

[Chickenbrick]

I have received nothing from the Claimant.

[jaguarsuk]

I have received nothing from the Claimant.

You'll need to attend the hearing, the Claimant has had your defence basically telling him what is wrong and what to do, so you need to point that out to the Judge and that he hasn't done anything. Show the contract with the Limited Company and that should hopefully be the end of it. Don't forget to ask for costs of the application to be awarded to you.

If District Judge Webster sitting it will definitely be the end of it, but he's only part time now and so it might not be him. At Colchester (just before it closed) I have seen a solicitor meet with a Claimant to explain they had filed the claim in the wrong Defendants name, offer them to apply to amend it to the correct one which he would consent and the Claimant didn't, they were in and out within minutes.

If for some reason the judge refuses your application and orders amending the name of the claimant, make sure you ask them to order you to be allowed to file an amended defence and counterclaim within 14 days and ask for costs of the application.

[Chickenbrick]

Many thanks once again, I will report back once the hearing is complete.

[Chickenbrick]

I'm happy to report that the hearing went well and the claim was struck out.

I'm sure it helped that the claimant did not attend and the court also awarded costs of £255 for the strike out application.

So a good result and a big thanks to everyone who assisted me here on the forum.

Hopefully this will be last I hear from the builder, but I certainly know where to come if not.

[jaguarsuk]

The OP sent a PM to me and very graciously offered a gift by way of thanks.

Congratulations, it’s always great when it all works out.

The gesture is a lovely one thank you, however I do not accept personal gifts for the help I provide here, instead I would ask you to make a donation of your choosing to my local Foodbank.

[Chickenbrick]

So a little follow up....

As expected the builder didn't not pay my strike out costs of £255, so I applied for a warrant of control which was returned saying there is no judgement on the system as per the Order.

The Judgement I received was as follows:-

IT IS ORDERED THAT

1. The claim is struck out .

2. The claimant do pay the Defendants costs of the application of £255.00 in 14 days.

After following this up I have have received a letter as below....

Further to the return of your application for a warrant of possession & the subsequent correspondence regarding the judgement having not been entered, I can confirm the case was struck out at the hearing on the xxth September & therefore there is no judgement to enter.

It is recommended that you seek legal advice in relation the the costs to be recovered from the claimant if they have not yet been recovered.

My question is how do I now recover my costs if I cannot apply for a warrant of control?

[jaguarsuk]

I would argue that a court order has been given and that order should be enforced with if necessary a warrant of control, perhaps des8 or pt2537 can assist?

The alternative may be to launch your own claim against them via MCOL for the costs as ordered and seek a CCJ against him.

[Chickenbrick]

After another phone call requesting the judgement be entered onto the system, I have now raised a complaint as advised by the adviser I spoke to.

Lets see where this goes, response in ten working days.

[des8]

IMO a warrant of control should have been issued as per the request on N323

The request follows failure to pay a court order as certified:
I certify that the whole or part of any instalments due under the judgment or order have not been paid and the balance now due is as shown