Defence and Counterclaim form N9B - technicalities?

[notmypigeon]

I am a Claimant in the process of pursuing a debt through the Small Claims court. Prior to commencing legal proceedings, the Defendant has admitted (verbally and in writing) to part of the claim, and at the same time is trying to deduct monies that she has paid elsewhere but says I should reimburse her for. I do not accept her reasons for doing so.

The court has confirmed the claim is now defended, and I have a copy of the Defence and Counterclaim form N9B completed by the Defendant. She has ticked that she 'disputes the full amount,' but goes on in her Defence to submit the letter I have from her admitting to part of the claim, and her reasons for wishing to deduct the money she has paid elsewhere and believes I should reimburse her for.

On form N9B she has NOT completed that she wishes to make a counterclaim.

Please could you advise me on how this will be viewed if it reaches a hearing - are there any implications due to the fact that:
a) she has ticked she disputes the full amount but has openly admitted to part of the claim
and
b) not submitted a counterclaim for the money she is seeking reimbursement for?

Many thanks

[Diana M]

Re: Defence and Counterclaim form N9B - technicalities?

What is the claim for and how much is the disputed sum?

What is the basis of the counterclaim and does it exceed the amount claimed?

Di

[Amethyst]

Re: Defence and Counterclaim form N9B - technicalities?

Hiya

The issue with admitting an amount and counterclaiming for reimbursement of other costs incurred quite often seems to confuse matters in a defence, and quite often it is defended as part of the amount being claimed rather than being counterclaimed for as separate amounts.

Has she not filled in anything in section 4 at all?

Is this a building work type case ? ( eg. you've done work, she's disputed it's been done correctly, refused to pay the balance, then has paid out for corrective work?)

How much was your claim for and how much is she a) disputing b) ''counterclaiming'' ?

( crossed with Di sorry )

[notmypigeon]

Re: Defence and Counterclaim form N9B - technicalities?

Thanks for your replies.

Di - the claim is for the outstanding balance approx £6k on an invoice for building works. Defendant is trying to deduct approx £2k they were charged extra by another subcontractor, claiming they were delayed due to my actions, which I dispute and have supporting evidence for. Defendant has admitted the remaining approx £4k but will not pay until I have issued the certificate of completion, conversely I have told them I will not issue the certificate until I receive payment.

Amethyst - in addition to the above, no she has not filled in Section 4 at all

Thank you

[Diana M]

Re: Defence and Counterclaim form N9B - technicalities?

the claim is for the outstanding balance approx £6k on an invoice for building works. Defendant is trying to deduct approx £2k they were charged extra by another subcontractor, claiming they were delayed due to my actions, which I dispute and have supporting evidence for. Defendant has admitted the remaining approx £4k but will not pay until I have issued the certificate of completion, conversely I have told them I will not issue the certificate until I receive payment.

Was the Certificate of Completion ('signed off' by Building Regs?) part and parcel of the contract you had with the Defendant?

Is the Defence/Counterclaim simply based on perceived work delays or was workmanship also an issue?

Were there stage payments written into your contract and was there provision (in the contract) for 'holding back' any payment due for a period of time (typically 6 months on a big project) to allow for snagging issues?

Did the contract include any penalty for not completing the work on any specified time/date?

I don't know where this is heading but has Mediation been considered? From what you say the Defendant is willing to pay you the majority of what is owed so there may be room for manoeuvre.

Despite my job I'm a peacemaker at times when/if it seems appropriate. Since this claim will be in the Small Claims Track the court's free telephone Mediation should be on offer.

If it fails you can continue with your legal proceedings.

Di

[notmypigeon]

Re: Defence and Counterclaim form N9B - technicalities?

Was the Certificate of Completion ('signed off' by Building Regs?) part and parcel of the contract you had with the Defendant?

Is the Defence/Counterclaim simply based on perceived work delays or was workmanship also an issue?

Were there stage payments written into your contract and was there provision (in the contract) for 'holding back' any payment due for a period of time (typically 6 months on a big project) to allow for snagging issues?

Did the contract include any penalty for not completing the work on any specified time/date?

I don't know where this is heading but has Mediation been considered? From what you say the Defendant is willing to pay you the majority of what is owed so there may be room for manoeuvre.

Despite my job I'm a peacemaker at times when/if it seems appropriate. Since this claim will be in the Small Claims Track the court's free telephone Mediation should be on offer.

If it fails you can continue with your legal proceedings.

Di

The fee for the certificate of completion was a 'supply only' element of the contract price.

The Defence/Counterclaim is only based on perceived work delays.

Stage payments were not written into the contact, payment terms were essentially 'payment upon completion of all elements of the contract' (which has been done) and there was no payment retention for snagging issue.

There was no penalty for the work not being completed on time.

Making a formal claim has been my last option - I tried to negotiate with no success, and have presented myself open to mediation should the court deem it to be a suitable approach.

Thank you for your advice

[Diana M]

Re: Defence and Counterclaim form N9B - technicalities?

Making a formal claim has been my last option - I tried to negotiate with no success, and have presented myself open to mediation

I can sense your exasperation and see why a court claim was the only option for you.

From what you say you may have done everything 'by the book'. You entered into a contract which they accepted (I presume) and some money changed hands. You say it was not time-specific yet the counterclaim relates to 'damages' caused by perceived delays.

Has the counterclaim been quantified by the Defendant i.e. does it explain how they came to the figure of £2k and why?

Di

[EXC]

Re: Defence and Counterclaim form N9B - technicalities?

If they've not filled in sec 4 there is no counterclaim. It sounds like they're using the issue of the £2k to the subcontractor as a defence to part of the claim. I can't see how they can use it as a claim and defence ground simultaneously.

[notmypigeon]

Re: Defence and Counterclaim form N9B - technicalities?

I can sense your exasperation and see why a court claim was the only option for you.

From what you say you may have done everything 'by the book'. You entered into a contract which they accepted (I presume) and some money changed hands. You say it was not time-specific yet the counterclaim relates to 'damages' caused by perceived delays.

Has the counterclaim been quantified by the Defendant i.e. does it explain how they came to the figure of £2k and why?

Di

She has vaguely attempted to quantify the 'deduction' with supporting invoices from the other subcontractor, but without providing any specific breakdown. In addition the figures on the invoices do not match with the amount of time she is attempting to hold me responsible for supposedly delaying the other subcontractor.