CCJ obtained defendant issued and additional claim

[Birch1986]

Long story short I'm a self employed recovery driver who previously did some vehicle recovery for the defendant.

I ended up obtaining a default CCJ against the vehicle repair garage for damage to a vehicle I owned and had asked them to do some repairs to back in 2017 which to this day still haven't been completed the car has been stored outside and been damaged beyond economical repair as they left it outside with the bonnet up so the engine as become water damaged. The body work has overspray on.

So I recently took them to court they failed to respond to the N1 form and have ended up with a CCJ. I today have received a letter from Northampton for a new claim not a counter claim..its issued as a civil money claim so not through money claim but from what I can gather its the new pilot scheme they are trialing.

They are trying to claim in excess of £2000 for supposed damage to vehicles caused when I was recovering them for them.

They are claiming for 3 vehicles all of which where salvage vehicles. I know I didn't cause any damage to them and even if I had then I have advised the garage this would be a claim on my goods in transit insurance not a court claim. They are also trying to claim £255 the cost of applying to set the original CCJ aside, which they haven't done as of yet, and also storage charges for having stored my vehicle (which they still have and have completely destroyed. I have no intention of claiming the vehicle back as I took them to court to obtain the market value of the car.)

With regards to my claim I have issued a warrant of control against the garage as they have made no attempt to pay. So they are due a visit in the next week.

My question is how do I respond to the new claim do I just file a defence or will I be able to apply to have it stuck out as they have issued this claim in retaliation to the ccj I obtained and as such I believe they should have petitioned the court to set it aside and applied to counter claim against me and submit a defence.

They are also claiming that the court letters where incorrectly addressed so never received the original N1 form although the address was obtained from google and he signed for the pre litigation letter I sent recorded delivery to that address and I also have letters from him confirming he received the CCJ order from the court.

Any advice would be greatly appreciated

[Amethyst]

Okay.

The first claim that you brought against them. You issued the claim and they failed to respond so you obtained a default judgment.
The defendant has now applied to set aside because you had addressed the claim incorrectly AND they hadn't received it?

You have evidence that they did receive the claim.
However, did you issue the claim against the company and their registered address, or a trading / home address ? Was it against the company or one of the directors etc ?

You can respond to the set aside application with your evidence of the claim being correctly issued and received.

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The second claim they have made against you. Fair dos , you'll need to defend it, except I think you're saying they have included in that claim the set aside application fee from the other claim ?

[Birch1986]

He hasn't as yet issued a set aside application. It mentions in the new claim his intention to do so and he has added the cost of that to the claim. It was against a sole proprietor at the registered business address.

Would his claim not come under the rules of a Part 20 claim an as such would he not of had to first seek permission from the court to bring an additional claim against me.