Reply and Defence to Counterclaim

[Amethyst]

Keep hold of the envelopes so you can evidence to the court that the address given in the counterclaim was incorrect. You should check with the court which address they have on file for the Defendant and explain that mail is being returned.

Yes you will need to pay the hearing fee by the 20th Feb. The sent your Witness Statements to the address the court have for the Defendant, and file them with the Court, before the exchange date ( 21 days before so 28th Feb?)

That £170 will be added to the judgment amount.

Sadly it seems rather than actually dealing with the court claim and debt she is chosing to hide head in the sand, and you're likely to have to go to enforcement before you can get any of this money back from her, and then maybe at a very small amount each month.

Do you know where she works etc?

[Amethyst]

Furthermore, as a counterclaim has been filed, will they have to pay the trial fee as well for their counterclaim.

there is a PAragraph that states:
If your claim is struck out, it will no longer exist. The hearing will be vacated, unless a counterclaim survives the claim being struck out.

You pay the hearing fee as the Claimant, only if you didn't pay the hearing fee and your claim was struck out ,would she have to pay the hearing fee ( if she wanted to proceed on the counterclaim alone)

[Ollieb123]

Keep hold of the envelopes so you can evidence to the court that the address given in the counterclaim was incorrect. You should check with the court which address they have on file for the Defendant and explain that mail is being returned.

I wrote to them yesterday as they weren't any help on the telephone explaining the mail had been returned and that the address I had sent documents to was the address they had on file. I had originally sent th MCOL to two addresses , A1 and A2, however on the defence and counterclaim, the address that she had written underneath the signed declaration, it was only one of those A2 I had sent to, and that's the address that mail has been returned from. Should i send documents to the original two addresses, both A1 and A2 that I had?

Yes you will need to pay the hearing fee by the 20th Feb. The sent your Witness Statements to the address the court have for the Defendant, and file them with the Court, before the exchange date ( 21 days before so 28th Feb?)
should I Send them recorded and or signed for., my thinking is that I've tried that and they were returned as 'gone away', however sending by normal post, would that prove in court that they have been sent with proof of posting?

That £170 will be added to the judgment amount.

Sadly it seems rather than actually dealing with the court claim and debt she is chosing to hide head in the sand, and you're likely to have to go to enforcement before you can get any of this money back from her, and then maybe at a very small amount each month.

Seemingly so, but at this point, as pedantic as it sounds, I don't Hold out much hope of getting my money back, but am determined to not allow her counterclaim to succeed as it's my money that has been repaid to me, that is now being counterclaimed..., but she isn't going to get her counterclaim through the court if not accepting mail?!

Do you know where she works etc?

Yes i do know the place of work, however I have been informed that I could get arrested for harassment if I sent documents there.
im supposing so long as I keep receipts and proof of postage and that I have tried everything to deliver according to timescales by the court, then I won't get penalised ?

thank you for your time and attention.

[Amethyst]

Nooo, On her work, I was thinking more for later enforcement purposes ( attachment of earnings etc ) not for sending documents xxx

im supposing so long as I keep receipts and proof of postage and that I have tried everything to deliver according to timescales by the court, then I won't get penalised ?

Not by the court, no and I think she has engaged too far now to think about any setaside application after judgment.

Should i send documents to the original two addresses, both A1 and A2 that I had?

I would, and registered post so you have evidence. Though don't send same again to the address it was returned from as Gone Away.

[Ollieb123]

Many thanks... I'll wait and see what happens next......

[Ollieb123]

So, court tomorrow.... wish me luck. Since posting last, there has been no cmmunication whatsoever from the other party, so not sure how they will even attend court on the prescribed date as all post was returned gone away!
will keep you posted as to how it goes.

[Amethyst]

It seems likely they won't show up, if so make sure you ask the Judge for your costs of the day. Take everything paperwork and evidence wise with you, all posting receipts, copies of letters, returned envelopes etc, just in case you need them.

[Ollieb123]

It seems likely they won't show up, if so make sure you ask the Judge for your costs of the day. Take everything paperwork and evidence wise with you, all posting receipts, copies of letters, returned envelopes etc, just in case you need them.

Thank you, I'm armed with my file, which is quite a bundle!
Many thanks for all your help. Fingers crossed for tomorrow.

[MIKE770]

Litigant in person rate is £19 p.h. so remember that for cost if necessary

[jaguarsuk]

Thank you, I'm armed with my file, which is quite a bundle!
Many thanks for all your help. Fingers crossed for tomorrow.

My advice is be respectful to the judge, address them as sir, madam or judge and don't interrupt anyone.

It can be tempting because you know your position so well to try to get your point out, but if the judge or the other side speaks let them get to the end of what they say and then make your point.

Don't address the other side directly, all points should be made to the judge.

If they lie or say something inflammatory try to remain calm, don't rise to it and make your points accordingly.

You will be nervous if it's your first time in a court room, so don't worry if you are and just try to talk a little more slowly as you probably won't notice your nerves making you talk more quickly.

All of this will add to your credibility as a witness and be viewed favourably by a judge.

Hopefully though they just won't turn up.

Good luck.

[Ollieb123]

Litigant in person rate is £19 p.h. so remember that for cost if necessary

wow , Didnt even think of that.. I wasnt going to claim any additional costs, but may well do now!

[Ollieb123]

My advice is be respectful to the judge, address them as sir, madam or judge and don't interrupt anyone.

It can be tempting because you know your position so well to try to get your point out, but if the judge or the other side speaks let them get to the end of what they say and then make your point.

Don't address the other side directly, all points should be made to the judge.

If they lie or say something inflammatory try to remain calm, don't rise to it and make your points accordingly.

You will be nervous if it's your first time in a court room, so don't worry if you are and just try to talk a little more slowly as you probably won't notice your nerves making you talk more quickly.

All of this will add to your credibility as a witness and be viewed favourably by a judge.

Hopefully though they just won't turn up.

Good luck.

Thank you so much. I'll do my best.
what would happen if the other party didn't turn up? Does their counterclaim get dismissed?

[jaguarsuk]

Thank you so much. I'll do my best.
what would happen if the other party didn't turn up? Does their counterclaim get dismissed?

If they don't turn up, once the Judge finishes his opening gambit just simply say that the Defendant has not appeared and you have not been made aware by letter 7 days prior to the hearing that it should proceed based on their submissions thus far. As such ask if he/she would please rule in your favour on your claim and dismiss the counter claim.

Once they state their ruling, then ask that they awards you costs.

If you have the time today do a cost schedule, I'd use an invoice template because you can do a different line entry for each thing you're claiming and you can ask for court fees, witness expenses (your travel costs or any loss of earnings if you have had to take the day off work unpaid) and as mike says figure out how much time you have spent on research, composition of documents, completion of court documents at £19/hr and spent on postage.

Add it all up and ask for that amount and you might only get some of it (fees and witness expenses), but if you don't ask you don't get!

[Ollieb123]

If they don't turn up, once the Judge finishes his opening gambit just simply say that the Defendant has not appeared and you have not been made aware by letter 7 days prior to the hearing that it should proceed based on their submissions thus far. As such ask if he/she would please rule in your favour on your claim and dismiss the counter claim.

Once they state their ruling, then ask that they awards you costs.

If you have the time today do a cost schedule, I'd use an invoice template because you can do a different line entry for each thing you're claiming and you can ask for court fees, witness expenses (your travel costs or any loss of earnings if you have had to take the day off work unpaid) and as mike says figure out how much time you have spent on research, composition of documents, completion of court documents at £19/hr and spent on postage.

Add it all up and ask for that amount and you might only get some of it (fees and witness expenses), but if you don't ask you don't get!

Thank you so much, I had already started this, however hadn't even considered the amount of admin hours taken. If I was to say six hours, would that be too unreasonable since December .... even though I have spent a lot more time than that.

[jaguarsuk]

Thank you so much, I had already started this, however hadn't even considered the amount of admin hours taken. If I was to say six hours, would that be too unreasonable since December .... even though I have spent a lot more time than that.

You should state the true amount of time it has taken, you're not a professional in this and research will take you longer than it would a solicitor.

As I have said, don't ask don't get!

And once you're done in court tomorrow let us know how you got on.