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Hi all!
Ended up in a pickle being an executor of my late mothers estate. Her house had no water and in order to sell it water needed to be put on. Sourced a borehole drilling company and they have made a real bad job of it so much so I had to get another company to come in and do another one. Anyway while arguing the toss with the original company they have managed to initiate a claim against myself at another address. Paperwork is now coming to my address and I submitted a defense and counterclaim nearly 4 weeks ago. Anyway I just received the below and I feel I may have made an error. The deposit for the borewell was not paid for directly by myself but thirdparty. My counterclaim is this deposit however I dont think I am allowed to counterclaim if I didnt pay it. I want to drop the counterclaim but continue my defence against the remaining balance. They have offered to agree to consent to amend my Defence and Counterclaim but I need to know if I agree to this does that mean I give in on my defence completely? Any help appreciated. Thanks in advance
Thank you for your email, I am well thank you, I hope you are too.
Ana called me and made me aware of the documents that you have dropped off along with a USB drive, thank you for these.
Given that I had not heard from you last week and my client’s Reply to Defence and Defence to Counterclaim is due 4pm tomorrow, I had already made a first draft of the application to strike out the Defence and Counterclaim. I will advise my client to continue with that application given that a party’s case must be contained in their pleading. To explain, it is not for my client or I to have to sift through documents, a USB drive and potentially CCTV footage to work out the case it is required to meet and also particularly on the eve of a Court deadline.
The Defence and Counterclaim must contain clear and concise detail as to each and every allegation, documents can still be considered generally, and there will also be a disclosure stage in the proceedings if matters continue and are not resolved. However presently, the respond to the Defence and Counterclaim, there is insufficient detail within the pleading itself.
If you are prepared to agree to consent to amend your Defence and Counterclaim as per my previous correspondence, I can send a Consent Order to be lodged at Court. However in order to protect my client from having to defend the Counterclaim the application will be finalised and submit to the Court, a resolution can still be sought in respect of the application thereafter, if not before, and I will refer to the documents you have delivered today.
I cannot advise you and if you have any queries with the above, I recommend you seek independent legal advice.
Ended up in a pickle being an executor of my late mothers estate. Her house had no water and in order to sell it water needed to be put on. Sourced a borehole drilling company and they have made a real bad job of it so much so I had to get another company to come in and do another one. Anyway while arguing the toss with the original company they have managed to initiate a claim against myself at another address. Paperwork is now coming to my address and I submitted a defense and counterclaim nearly 4 weeks ago. Anyway I just received the below and I feel I may have made an error. The deposit for the borewell was not paid for directly by myself but thirdparty. My counterclaim is this deposit however I dont think I am allowed to counterclaim if I didnt pay it. I want to drop the counterclaim but continue my defence against the remaining balance. They have offered to agree to consent to amend my Defence and Counterclaim but I need to know if I agree to this does that mean I give in on my defence completely? Any help appreciated. Thanks in advance
Thank you for your email, I am well thank you, I hope you are too.
Ana called me and made me aware of the documents that you have dropped off along with a USB drive, thank you for these.
Given that I had not heard from you last week and my client’s Reply to Defence and Defence to Counterclaim is due 4pm tomorrow, I had already made a first draft of the application to strike out the Defence and Counterclaim. I will advise my client to continue with that application given that a party’s case must be contained in their pleading. To explain, it is not for my client or I to have to sift through documents, a USB drive and potentially CCTV footage to work out the case it is required to meet and also particularly on the eve of a Court deadline.
The Defence and Counterclaim must contain clear and concise detail as to each and every allegation, documents can still be considered generally, and there will also be a disclosure stage in the proceedings if matters continue and are not resolved. However presently, the respond to the Defence and Counterclaim, there is insufficient detail within the pleading itself.
If you are prepared to agree to consent to amend your Defence and Counterclaim as per my previous correspondence, I can send a Consent Order to be lodged at Court. However in order to protect my client from having to defend the Counterclaim the application will be finalised and submit to the Court, a resolution can still be sought in respect of the application thereafter, if not before, and I will refer to the documents you have delivered today.
I cannot advise you and if you have any queries with the above, I recommend you seek independent legal advice.
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