Court Claim received from builder

[2222]

I can just imagine that this has ended up on the plate of somebody who is just used to dealing with routine issues. By complaining it may be escalated to someone who knows how to do it!

[jaguarsuk]

I can just imagine that this has ended up on the plate of somebody who is just used to dealing with routine issues. By complaining it may be escalated to someone who knows how to do it!

Did they return the fee?

If so, simply send in the application again pointing out that this is an order of the court and you are seeking enforcement of it.

[Chickenbrick]

Yes, the fee was returned with a note saying cannot process as no order on system and that an email had been sent to Chelmsford CC requesting for it to be entered.

I then followed up with a phone call, waited 10 days called again to find out it still had not been entered and then received the letter from Chelmsford CC saying no judgement to enter....

The most frustrating thing is that it takes 30 minutes waiting on hold each time you call and then you only get to speak to the call centre, who to be fair have been very helpful.

[jaguarsuk]

Yes, the fee was returned with a note saying cannot process as no order on system and that an email had been sent to Chelmsford CC requesting for it to be entered.

I then followed up with a phone call, waited 10 days called again to find out it still had not been entered and then received the letter from Chelmsford CC saying no judgement to enter....

The most frustrating thing is that it takes 30 minutes waiting on hold each time you call and then you only get to speak to the call centre, who to be fair have been very helpful.

Apply with a copy of the order again, a judgement hasn't been entered, but an order has been granted and an order is enforceable.

[domi2021]

JAGUARSUK - Can you contact me directly please? I have 13 days to file a counter claim and defence. I have pictures with all the faults, evidence, quotes to fix the faults etc. I'm just awaiting a professional report and few last things. Would you be able to help? Many thanks in advance.

[jaguarsuk]

JAGUARSUK - Can you contact me directly please? I have 13 days to file a counter claim and defence. I have pictures with all the faults, evidence, quotes to fix the faults etc. I'm just awaiting a professional report and few last things. Would you be able to help? Many thanks in advance.

You’re going to have to explain what has happened since the strike out.

The claim was struck out and you were awarded costs, so why would you need to defend and counter claim?

[domi2021]

JAGUARSUK - Can you contact me directly please? I have 13 days to file a counter claim and defence. I have pictures with all the faults, evidence, quotes to fix the faults etc. I'm just awaiting a professional report and few last things. Would you be able to help? Many thanks in advance.

Hello, thank you for answering me. Basically we hired a builder for a huse renovation and loft convertion. While we were waiting for plans he was about to build a garage and remove carpets etc. He didn't work on schedule and literally was doing what he wanted , he didn't follow the architect's or my instructions. He paid him 20000 already but he invoiced us for an additional 9000 after we dismissed him. To fix his "work" we were quoted over 30000 including damaged plumbing and rewiring (he mixed 50years old wires with new ones). We received a letter from moneyclaims online, I thought that we only have to file a counterclaim but I am a bit confused. I am not sure if we need to defend first and than make a counterclaim or do it all at once.

[domi2021]

Hello, thank you for answering me. Basically we hired a builder for a huse renovation and loft convertion. While we were waiting for plans he was about to build a garage and remove carpets etc. He didn't work on schedule and literally was doing what he wanted , he didn't follow the architect's or my instructions. He paid him 20000 already but he invoiced us for an additional 9000 after we dismissed him. To fix his "work" we were quoted over 30000 including damaged plumbing and rewiring (he mixed 50years old wires with new ones). We received a letter from moneyclaims online, I thought that we only have to file a counterclaim but I am a bit confused. I am not sure if we need to defend first and than make a counterclaim or do it all at once.

We have 14days to defend /make a counterclaim. We only received a claim form. I hope it makes sense.

[jaguarsuk]

If you haven’t already acknowledge service.

if you already have them I’m probably a bit late coming back to you, sorry.

If not, you have extended the deadline to 33 days from the date on the claim form and we have plenty of time.

you will need to defend the claim and submit a counterclaim with a cheque/postal order for the fee.

You’ll need to obviously state the reasons for the defence and then write a particulars of claim, this needs to be one document.

on the defence and counterclaim form you will simply write ‘see separate Defence and Counterclaim’

Remember to keep these concise and relevant. This isn’t the story of what has happened, that’s later in your witness statement. This is the legal basis why you do not owe what is being claimed followed by the legal basis why you are owed your counterclaim.

if you have now acknowledged the claim and got some extra time then post a draft with personal details removed here for review.

I cannot speak with you directly or privately because I am not a solicitor and therefore can not consult with you or give advice privately. I can merely share my knowledge publicly and tell you what I would do presented with a claim in your circumstances.