Help needed, late to defend?

[Siri143]

Please help.


I only received this envelop yesterday as it was delivered to a neighbour!


The issue date is 16/12/13. Since I have looked at I am extremely distressed as worried that it might be too late to defend.

[EXC]

Re: Help needed, late to defend?

Please help.


I only received this envelop yesterday as it was delivered to a neighbour!


The issue date is 16/12/13. Since I have looked at I am extremely distressed as worried that it might be too late to defend.

Firstly what are the circumstances which led to you only receiving the claim yesterday from your neighbor?

Also did the builder issue you with a letter before action prior to the claim?

[Siri143]

Re: Help needed, late to defend?

Firstly what are the circumstances which led to you only receiving the claim yesterday from your neighbor?

Also did the builder issue you with a letter before action prior to the claim?

The addresss on the claim form is correct and ours but the postman delivered it to wrong addresss.

I never received a letter of action or any written communication from the builder.

The dates in his particulars don't even match with the attached estimate as it is just a word document typed with a date 01-02-12 whereas the particulars say in or around feb 13?

[EXC]

Re: Help needed, late to defend?

The first thing you should do is to acknowledge the claim and explain why you only received it yesterday. You need to do this quickly to avoid getting a judgment by default.

https://www.gov.uk/respond-to-court-claim-for-money

[Siri143]

Re: Help needed, late to defend?

Please help needed!

Just contacted the court and they said the judgment by default has already been entered but I didn't know anything about it. They are saying now I need to apply for judgment to be set aside. I didn't sleep all night and had prepared a defence.

[EXC]

Re: Help needed, late to defend?

Yes you need to apply to get the judgment set aside - see here https://www.gov.uk/county-court-judg...-owe-the-money and here http://www.justice.gov.uk/courts/pro...l/rules/part13

[Siri143]

Re: Help needed, late to defend?

Yes you need to apply to get the judgment set aside - see here https://www.gov.uk/county-court-judg...-owe-the-money and here http://www.justice.gov.uk/courts/pro...l/rules/part13

Thank you very much EXC, appreciate your time and help. Is my defence, as detailed in my last post, okay or do I need to provide more evidence at this stage. I also have pictures but will need time to put everything together. Can I send this defence with my application for setting aside judgement?

Many thanks

[EXC]

Re: Help needed, late to defend?

Hang on, I'll get someone to take a look.

[EXC]

Re: Help needed, late to defend?

I'm sure you won't need to supply evidence with your application, we just need to know what you need to include with your application ie defence or statement of case.

Amethyst will take a look a bit later when she gets home.

[Amethyst]

Re: Help needed, late to defend?

Hiya Just reading back.

[Amethyst]

Re: Help needed, late to defend?

Okay

You need to apply to set aside the judgment, based on not having received the claim form due to the error made by the postal service.

You'll need to complete an N244 application, this does have a fee attached, if you are eligible for fee remission (for people on benefits or in hardship) you'll need to complete form EX160 (http://hmctsformfinder.justice.gov.u..._forms_id=4396 ). You'll also need a witness statement for the set aside application as well as a copy of your defence to the claim to show you have a reasonable chance of success (which I'd expect you do from what you have told us here).

I've attached National Debtline factsheet on setting aside judgments to help you complete the form. If you post up your draft here first we can check through it for you (leave off personal info of course).

I'll go through your defence now xx + evidence will come later after the set aside is granted and your case is allocated (tho if you have a copy of the original contract/quotation that can go with the defence)

[Amethyst]

Re: Help needed, late to defend?

Actually working through your defence, I think you may be wanting to enter a counterclaim for the monies already paid over, along with your defence ?

[Tools]

Re: Help needed, late to defend?

Whilst Amethyst is looking over your set aside, can I ask a few side questions.

You say you reported the assault to the Police, was any action taken and did you receive and follow up from the Police, did you receive a crime reference number. At the same time did you make a report of criminal damage to your materials or is the value of the damage inconsequential in your opinion?

Was there actually a 2nd agreement for additional works or is that made up by the builder?

Was any part of the works left in such a condition as to risk personal injury ( electrics etc. not just tripping over rubbish) or likely tocause further damage (i.e uncapped plumbing, roof/openings not secure/watertight )

Have you suffered further financial loss due to rectification/completion of works by another contractor. If so do you have an itemised list of works carried out by them along with cost.

Time wise, I think any period of Court closure due to the Christmas period may be taken into account as well as failed delivery of documents.

If the case has already been judged by the courts, when was the judgement sent out, I would request a copy of the judgement from the courts and collect it personally.

[Tools]

Re: Help needed, late to defend?

In order to proceed with a set aside defence you first need to decide if you want to counter claim if you feel you have all the necessary evidence to do so.

[Siri143]

Re: Help needed, late to defend?

Thank you very much Amethyst!