*** DISMISSED *** Small claims for stabling fees

[Stopbox]

That was my other thought as well, but I'm happy to push this as she has literally made my life hell since December with worry and stress. If this affects her the way its affected me then that will be a bonus, even if it does get set-a-side. Money is not an issue for her, so I wouldn't be surprised if she got advise, but her solicitor does not always seem 'on the ball' with this.

[Amethyst]

Just be aware that once a default judgment is issued the other party COULD apply to have that default judgment set aside, and liklihood is that application would be heard with the initial claim at the hearing. It shouldn't affect the case overall but just letting you know so if she did go and get some advice and apply to setaside it wasn't a massive suprise.

[jaguarsuk]

That's what I was hoping you'd say, we discussed it at length last night, and we were saying pretty much the same things you are but just wanted to make sure. I will get the form filled out today and sent asap. I'll put it up first to make sure I've got it all correct before sending. Do I leave costs out of the equation, so far my only costs are postage and doctors note.

You put court fees in and the cost of the doctors note as that was part of your Counterclaim.

Postage will come if you defeat her claim as you would have had to send the letters to defend that claim even if you hadn't countered.

[Stopbox]

That's what I was hoping you'd say, we discussed it at length last night, and we were saying pretty much the same things you are but just wanted to make sure. I will get the form filled out today and sent asap. I'll put it up first to make sure I've got it all correct before sending. Do I leave costs out of the equation, so far my only costs are postage and doctors note.

[jaguarsuk]

If I put this claim in and win, will this make her claim/case look unstable? and do you think its worth doing? I've discussed it with my husband and we both think its a good idea to go forward with this.

It'll be very useful in the Witness Statement as you claim you overpaid her and if you hadn't why didn't she defend the Counterclaim? Equally if she didn't harass you or damage your property why didn't she defend the Counterclaim?

In small claims the judge decides on the "Balance of Probabilities," in other words what's most likely to have happened. It's reasonable that if someone issues a Claim or Counterclaim that if what's being claimed is wrong you'd expect it to be defended and if it isn't defended it's likely that it can't be defended against because the claim is true.

Also, if I remember correctly you could evidence the sums of money leaving your bank account all except one (was it the £1,200 in June?), this was to be one of the most tricky parts of your case as you had to prove sale of goods to the value of the payment. However if you have this Judgement, along side the selling goods you can now point out that if you hadn't have made that payment, then you wouldn't have overpaid and if you hadn't overpaid she would have defended the Counterclaim.

As well, if the judge doesn't accept that logic and agrees to dismiss part of the claim on the grounds they believe that the monies evidenced on bank accounts were paid, but not the £1,200 you have a Judgement for close to that amount and so you're only actually going to have to pay a much smaller amount than otherwise.

Additionally, getting the judgement will significantly lower the amount of time you'll be in court and all the nerves etc. that go with that.

Finally, you may get the judgement and don't be surprised once she gets served with it if she makes an application to set it aside. I doubt she would be successful in a set aside application as she has been notified of the Counterclaim by the Court, the deadline may have been on the order to respond and the Civil Procedure Rules are sufficiently available that even a litigant in person has access to them. There's more info on what a set aside is if you curious here: http://legalbeagles.info/forums/foru...tailed-version

It's my guess she isn't represented, the solicitor was just a scare tactic and she doesn't know she's supposed to file a Defence to Counterclaim. She probably just thinks that as she has said things about the money and harassment in the claim that will just be argued in court, so there's no need to respond.

If I'm correct, then when a CCJ lands on her door mat then she's in for a shock.

[Stopbox]

If I put this claim in and win, will this make her claim/case look unstable? and do you think its worth doing? I've discussed it with my husband and we both think its a good idea to go forward with this.

[jaguarsuk]

What will happen if I don't put the form in?

You will then proceed to the hearing where you will argue against her claim and if successful it will be dismissed. And then you will have to ask the judge to enter judgement against the undefended counterclaim. They may hear her submissions on it though as she is already there.

[Stopbox]

What will happen if I don't put the form in?

[jaguarsuk]

I presume that interest is from the date of the counterclaim.

Yes.

I'm going to print the form off, put in the amounts roughly and talk this through with my husband tonight.

A sensible idea.

If you proceed and judgement is awarded against her on the Counterclaim then you will just defend her claim on the day in court. Defeat it and you're quids in.

[Stopbox]

I presume that interest is from the date of the counterclaim. I'm going to print the form off, put in the amounts roughly and talk this through with my husband tonight.

[jaguarsuk]

I've just had a look at form N225 and I see that it relates to the Defendant, does this mean that she now becomes the defendant because she has not replied to my counterclaim?

Technically, she becomes the “Part 20 Defendant” and you become the “Part 20 Claimant” in a Counterclaim. Therefore any court documents should give the parties both of these titles. Once printed you can write in "Part 20" above each title on the form.

As well as the cost of the application don't forget to add the fee you sent to the court for the Counterclaim in part D too. Interest is 8% per day.

[Stopbox]

I've just had a look at form N225 and I see that it relates to the Defendant, does this mean that she now becomes the defendant because she has not replied to my counterclaim?

[jaguarsuk]

You could then file for a Default Judgment on the Counterclaim and the claim would proceed only on her original claim.

( would be form N225 if the counterclaim was for a specified amount )

You should be aware that there is a fee of £255 for filing the application and if she were to defend it sucessfully you could be liable for her costs of doing that. I don't see how she could defend it, the Civil Procedure Rules are sufficiently available to all even if she is Litigant in Person and so she should have been aware of her obligation.

In the amount you request on the form include the cost of the application.

The form if you want to go ahead with it is here: http://s3-eu-west-1.amazonaws.com/hm...r/n225-eng.pdf

[Amethyst]

You could then file for a Default Judgment on the Counterclaim and the claim would proceed only on her original claim.

( would be form N225 if the counterclaim was for a specified amount )

[Stopbox]

She was served with the Directions Questionnaire on the 14th April and she had 14 days to file a defence (I've just been told this by the courts), they have not received any defence against the counterclaim