Reply and Defence to Counterclaim

[Ollieb123]

good afternoon beagles.
Just back from court
other party actually turned up.... (Don't even know how she was aware of court date when all court mail returned , gone away)
'I'm thinking that she rang the court and gave them another win story...... Anyways
WE WON the case, and her counterclaim dismissed.
court costs awarded but LIP and time off work court not awarded.
she has 28 days to pay or appeal.

does anyone know if you can. Get a transcript of the court recording from today because I need some of the information she stated in front of this a judge was massively contrary to what has been written for a son-lately separate property dispute matter.

''THANK YOU SO MUCH EVERYONE FOR YOUR ENORMOUS SUPPORT AND HELP, I couldn't have done it without you xxxx

[jaguarsuk]

good afternoon beagles.
Just back from court
other party actually turned up.... (Don't even know how she was aware of court date when all court mail returned , gone away)
'I'm thinking that she rang the court and gave them another win story...... Anyways
WE WON the case, and her counterclaim dismissed.
court costs awarded but LIP and time off work court not awarded.
she has 28 days to pay or appeal.

does anyone know if you can. Get a transcript of the court recording from today because I need some of the information she stated in front of this a judge was massively contrary to what has been written for a son-lately separate property dispute matter.

''THANK YOU SO MUCH EVERYONE FOR YOUR ENORMOUS SUPPORT AND HELP, I couldn't have done it without you xxxx

Congratulations.

Did you ask the court to verify her address for service of the judgement and possible enforcement application upon failure to pay?

Not surprised totally about the costs, but would have thought you'd get witness expenses of travel and time off work. Anyhow you don't ask you don't get.

Yes you can request a transcript through the court, but there's a fee to get it. More information on here: https://www.gov.uk/apply-transcript-...ibunal-hearing

Form EX107 didn't work when I clicked on it on that site, so here's an alternative if it doesn't work for you: https://www.opus2.com/forms/ex107.pdf

[Amethyst]

Good News OllieB, and as it should be, I'm suprised she turned up too considering...quite stressful I'd imagine. Well now see if she actually pays you now otherwise you'll have the whole rigmarole of enforcing your judgment. Hopefully she'll not want her credit file ruined for the next 6 years and just sort out payment. Did she request permission to appeal or did the Judge just inform her of the timescale? Pity about costs, but as she showed up, and the Judge presumably didn't find she'd acted unreasonably, it's not unusual.

EX107 is a form fill form, so you have to open in Adobe - rather than whatever programme it is that WIndows opens it in that court forms just don't like lol.... here's a PDF print of it here ex107.pdf

I don't know the rules on using the transcript as evidence in another matter I'm afraid, particularly if its not between you and her but between your son and her re their house?, so if it is going legal it might be worth checking.

Example transcript of a civil case here - so you know what to expect http://legalbeagles.info/forums/file...tch?id=1173794

[Ollieb123]

Good News OllieB, and as it should be, I'm suprised she turned up too considering...quite stressful I'd imagine. Well now see if she actually pays you now otherwise you'll have the whole rigmarole of enforcing your judgment. Hopefully she'll not want her credit file ruined for the next 6 years and just sort out payment. Did she request permission to appeal or did the Judge just inform her of the timescale? Pity about costs, but as she showed up, and the Judge presumably didn't find she'd acted unreasonably, it's not unusual.

i was a bit staggered that she did not respond or comply with any of the documentation sent by the court, maybe that had a bearing on the outcome!

EX107 is a form fill form, so you have to open in Adobe - rather than whatever programme it is that WIndows opens it in that court forms just don't like lol.... here's a PDF print of it here [ATTACH]n1396385[/ATTACH]

thank you

I don't know the rules on using the transcript as evidence in another matter I'm afraid, particularly if its not between you and her but between your son and her re their house?, so if it is going legal it might be worth checking.

indeed, I think my son may need it, as she stated she has been corresponding with sons solicitor and she wants nothing to do with the property and she has signed it over to son... The reality is, she has done or replied to nothing since December 2017!

Example transcript of a civil case here - so you know what to expect http://legalbeagles.info/forums/file...tch?id=1173794

Thank you

[Ollieb123]

Congratulations.

Did you ask the court to verify her address for service of the judgement and possible enforcement application upon failure to pay?

Unfortunately, no I didn't ask the Judge. however, I have previously done my homework at the local library and social media and do actually know the address that she is now residing. Seems to move around a lot!!!!!

Not surprised totally about the costs, but would have thought you'd get witness expenses of travel and time off work. Anyhow you don't ask you don't get.
i know, wasn't that fussed to be honest with you but I gave him the cost document anyway.

Yes you can request a transcript through the court, but there's a fee to get it. More information on here: https://www.gov.uk/apply-transcript-...ibunal-hearing

Yes fees vary from court to court with them using different outside providers to produce transcripts.
one hung I didn't know, they charge per folio...a folio is 72 words, and at 80p per folio, I think I'm looking about £100 plus VAT, however this is crucial evidence (why she chose to even bring the different matter up with the judge today I do not know, but has seemingly dropped herself right in it having now lied to two separate court judges saying completely opposing things in different proceedings about the property co owned, and telling sons solicitor something's entirely different she claims she spoke to him yesterday, strange that, when I sacked him two weeks ago..... )

Form EX107 didn't work when I clicked on it on that site, so here's an alternative if it doesn't work for you: https://www.opus2.com/forms/ex107.pdf

thank you

[Ollieb123]

Good afternoon folks, hope you are all well.
as a recap, we were awarded judgment on a debt of £1500 plus our costs on 20 March 2018. The Judge asked if the Defendant could pay the amount that day, the answer was no.
The judge said he wasn't going to order for instalments but it was up to the Defendant to contact me as a matter of urgency to make arrangements to pay and stated that an mutually agreeable repayment plan should be in place by 17 April 2017.
I can't remember what else he said, only inso far as if it wasn't agreed, then a CCJ would be issued.

Today, I received a letter which makes no sense for the majority of it, from the Defendant. the offer is £50 per month for 36 months.
This is outrageous. I am not willing to accept these instalments and be tied to this debt for three years.
The Defendant has been promoted (not sure if I believe it or not) in employment, meaning earnings would be around £30k p.a. They have minimal outgoings, excessive spending (photographs all purchases on social media)

Does this mean that the Defendant has a CCJ or not?

Defendant states (which I don't understand)
"This amount is affordable for myself at this current moment in time and when able additional amounts will be payed (sic) to yourself Mr OB when financially affordable for myself....."

the final paragraph from the Defendant states
"If you are ahoy with this payment plan would you please contact me so I can arrange a standing order to be set up and the court be notified"

What do I do next.
many thanks for any advice.
Ollie B

[Amethyst]

Ahhhh okay- so it's a repreive for her at the moment before getting a ccj - yes go back with a counter of a sensible amount and ask for full income expenditure sheet if she can't agree ( eg 15 months is more reasonable and don't forget your court fee needs including )

Remind her in your letter that if you don't come to an agreement you will ask the court to award the ccj and look at enforcement options which may include attending the court for questioning as to means, enforcement agents, attachment of earnings etc

[Ollieb123]

Thank you
does this mean that the date the Judge stated of 17 April will now be extended because the defendant has made an offer, even though it will be refused by me?
The only option to enforce any CCJ would be attachment of earnings, there are no assets whatsoever.

[jaguarsuk]

Thank you
does this mean that the date the Judge stated of 17 April will now be extended because the defendant has made an offer, even though it will be refused by me?
The only option to enforce any CCJ would be attachment of earnings, there are no assets whatsoever.

No, you said the judge "stated that an mutually agreeable repayment plan should be in place by 17 April 2017."

It isn't your fault she has taken so long to offer, you can counter her offer stating that she should respond more quickly this time else you'll seek enforcement by the court.

You would return to court and the judge enter a CCJ, they may state what the repayment amount should be and when the first repayment should reach you (certainly did in a claim I won in July 2017). If the Defendant doesn't pay by 4pm on that date or 28 days after that date of judgement if no direction of timescale are in the order you would have to make an application to the court for an attachment of earnings to the court.

There is an additional cost, but this can be included in the application and will be covered via the attachment of earnings order.

[Ollieb123]

I've received this just now....

[jaguarsuk]

I've received this just now....

That is definitive then, the court has ordered the Defendant pay you £1,775.00 by 4pm Tuesday. If she doesn't then you can make an application for attachment of earnings to the court.

There's a guide of AoE here: https://formfinder.hmctsformfinder.j.../ex323-eng.pdf
The form to apply is here: https://assets.publishing.service.go...6/n337-eng.pdf

[Amethyst]

I've received this just now....

Well, that's a bit different to how it was discussed in court... although paragraph 2 doesn't make a lot of sense wording wise... so might be worth double checking with court that someone hasn't typed that up in a bit of a hurry and got it wrong. Para 1 is good. and If para 2 was written properly that would mean she'd have to pay the full £1775 by the 17th, not come up with an installment offer, but the typos there don't feel right.

[Ollieb123]

I thought it was a Bit bizarre. I recall the judge saying that any offer and acceptance of instalments would not be made by the court but was to be sorted outside of the court and they were to be informed.

[Ollieb123]

Will I be notified that the defendant hasn't paid and the Court automatically issue the CCJ, or do I have to remind the court to do it after 4pm on 17th April?
t

[Ollieb123]

I have written back and posted this afternoon to the Defendant refusing the offer of £50 per month commencing on the 1st of every month (which month it may be is not stated by the defendant) and advised that I shall be seeking the CCJ on 17 April and methods of enforcement.