Cowboy builder taking legal action against me.

[ostell]

Sorry, misunderstood. So the DQs have been properly exchanged

hang fire on the default of the counterclaim, I don't know but the time will be when you get to a hearing. Others will no doubt comment

[des8]

You need to enquire from the court if a defence was entered to your counterclaim.
It would not be the first time that a document is filed but not served.

If no defence filed you may request a default judgment, but as the courts are way behind don't be surprised if matters don't go as smoothly as expected

[Willis]

Thank you both. I will enquire at the court tomorrow.

[Willis]

Hi, after 2 phone calls to the court CCMCC who inform me that the claimant has not filed a response to my counterclaim and that I can apply for judgement by default and confirmed also that he has refused mediation so the claim will be sent to local court to be put before the judge.

This was followed by an email received last night from the local court confirming that he has definitely not filed a response, I have no idea how to apply for the default judgement as I cannot find the appropriate form to use.

The only form I can see is the N225 which appears to be default judgement from a claimant against a defendant.

As a counter claimant looking for default judgement would this now make me the ‘ claimant’ and him the ‘defendant’ for this part of the case.

If anyone one can advise how to proceed or if there is a particular form number other than the one above I would be grateful, thanks

[Willis]

Bumping as anxious. Thanks

[des8]

The answer lies in CPR 12: https://www.justice.gov.uk/courts/pr...l/rules/part12
and CPR 12 practice Directions: https://www.justice.gov.uk/courts/pr...rt12/pd_part12

Read & understand more than just this extract: Default judgment by request

3.1 Requests for default judgment;

(1) in respect of a claim for a specified amount of money or for the delivery of goods where the defendant will be given the alternative of paying a specified sum representing their value, or for fixed costs only, must be in Form N205A or N225, and

[Willis]

Thank you I have read that but still leaving me confused somewhat.

Do I complete N225 and now place myself as the claimant? If so I have my answer.

I was taking that form to be from the initial claimant in the case.

[des8]

Yes ... you are (counter) claimant so N255

[jaguarsuk]

You are the ‘Part 20 Claimant’ he the ‘Part 20 Defendant’ for anyone reading this in a similar position.

[Willis]

I wonder if anyone can advise further? I submitted the N225 for for Specified Judgement on the 21st March after advise from this forum. It was sent to CCMMC.

As the claim had in the interim been sent to Manchester Civil, CCMMC forwarded the form on to them on the 1st April 2021 and I was copied in to the email showing this had been done.

After hearing nothing I managed to telephonies the court on the 30th April. It was confirmed that the claimant had not responded to my counterclaim and the clerk in Case Management said she would get the file and make sure it had been put before a judge and to phone back on the 4th May for an update.

Well, since 4th May I have phoned almost daily, sitting on the phone for up to an hour and still no one answers the phone. I have sent 3 emails requesting a decision/update with no reply other than some numpty attaching the hearing Allocation paperwork which I already have and completely ignoring my query regarding the action on the N225. I have also now - 2 weeks ago, sent a formal complaint via Gov Court Complaints.

I am at a total loss as to how to resolve this issue. The Form N225 has now been with the Court for over 2 months with apparent no action taken. My hearing is in 4 weeks and without a decision I feel at a disadvantage.

Any suggestions as to what to do next please?

Thanks

[MIKE770]

Write toi the court proof of posting and question them for updates.

des8

[Willis]

Thanks. That was my next thought as I cannot think of anything else.

[Willis]

Oh, what is the des8 for?

[MIKE770]

asking him to pop in to look

[Willis]

The Gods must be with me. The postman has just been and I have been awarded judgment for the amount of my counterclaim.

If someone could please explain to me what this actually means:

1: Judgement is entered in respect of the counterclaim in favour of the Defendant against the Claimant for the sum of ***** plus interest ****

2: Enforcement of the said judgment is stayed pending determination of the Claimant's claim - listed for hearing.

3: Because this Order has been made without a hearing, the parties have the right to apply to have the order set aside, varied or stayed. A party making such an application must send or deliver the application to the court (with the appropriate fee) to arrive within seven days of service of the Order.