Counterclaim default Judgement

[Amethyst]

Re: Counterclaim default Judgement

Okay, it sounds like the judge looked at the directions questionnaires on the 28th and may be making an order - could just be shufting the case to local court or could be some other case management / document etc ...- I'd check with the court on Wednesday as if any order was made it should at least be on the system by then even if not typed up yet.

[Blinkin73]

Re: Counterclaim default Judgement

I dont think he is shufting the case as its already been transfered to the a County Court which is near to both I and the Claimant.

I imagine it a bit of a headache for the Judge. Whats the point in asking the Claimant to rewrite his POC if they are were submitted out of timescale. I understand that often a judge will refer the parties to mediate, but how can I be expected to mediate with someone who openly threatens me? I know the claimant is very unhappy that I didnt give him a chance to redo the work, but the work was so so dreadful its clear he has no skill whatsoever. Not to mention the fact that I wouldnt trust him with my keys again or want to be in his presence. I've already started thinking about a Court Hearing and how I might defend myself from him if he attacks me outside Court. I honestly think he has a personality disorder. He's like a mini Trump without the money. He thinks he is superb and really smart despite the evidence to the contrary.

[Amethyst]

Re: Counterclaim default Judgement

I dont think he is shufting the case as its already been transfered to the a County Court which is near to both I and the Claimant.

I imagine it a bit of a headache for the Judge. Whats the point in asking the Claimant to rewrite his POC if they are were submitted out of timescale. I understand that often a judge will refer the parties to mediate, but how can I be expected to mediate with someone who openly threatens me? I know the claimant is very unhappy that I didnt give him a chance to redo the work, but the work was so so dreadful its clear he has no skill whatsoever. Not to mention the fact that I wouldnt trust him with my keys again or want to be in his presence. I've already started thinking about a Court Hearing and how I might defend myself from him if he attacks me outside Court. I honestly think he has a personality disorder. He's like a mini Trump without the money. He thinks he is superb and really smart despite the evidence to the contrary.

So you've already been transferred following submission of dqs and had an order for the claimant to redo his particulars ? or are you just surmising? I'm getting a bit lost what you're reading might happen and what has actually happened.

Did you indicate willingness to mediate in your dq?

[Blinkin73]

Re: Counterclaim default Judgement

Courts are a little pants at times, particularly the call centre staff at MCOL, so don't place too much reliance on what they say, other than exact events that they are reading off the screen, I'd take anything else with a pinch of salt.

My contact with MCOL has been variable. I phoned them when I hadnt received the particulars of claim within 14 days ( I gave it an extra week before phoning) and was told to call back the next week if I still hadnt received the POC and his claim would be barred. I cant quite communicate how crest fallen I felt when I phoned up the following week to report that the POC was still a no show and was told the case would continue proceed as normal.

[Blinkin73]

Re: Counterclaim default Judgement

Well it just gets more and more bizarre.

I didnt get time to ring the Courts today but I have just arrived home to find two letters from the Court.

First, an Order dated 4th July that Parties must send the Court and each other completed Directions Questionaire by 18th July or the Claim, defence and counterclaim will be struck out. Ive sent two in already. One I sent in erroneously with my defence and Counter claim by recorded delivery on 7th June to both the Court and the claimant. The second I also sent by recorded delivery to the claimant and Court 22nd June to get there by 26th June as previously requested.

Secondly a copy of the claimants defence to my counterclaim dated 24th June. I have never been served the defence by the claimant which should have been served to my home by 22th June. Again the defence is not compliant but at least he has put some effort in this time. The actual defence and counterclaim form has been signed but not filled in. The form requests that you supply your date of birth and he hasnt. His 9 page defence (no headings, page numbers, paragraphs numbers or statement of truth) is at least not addressed to me personally.

His defence is, unbelievably, that he had never once been asked to discuss the work,he has tried to resolve the issue by offering to remedy any of my concerns that he agrees with, and therefore my counterclaim is my fault . He purports to have attached an email he sent me three days after he initiated the proceedings (Its not attached) wanting to resolve the issue. He did send the email to me, but it is also full of threats of libel, threats to report me to various agencies and insults. He is trying to insist that I allow him back to the property to assess my concerns. He has provided factually incorrect dates regarding when he completed the work, the date I told him I wasnt paying and would be in touch regarding a refund of monies already paid, when he started proceedings, and when he sent emails to me, most of which are easily disproved.

He challenges my costs for repair work as he doesnt understand what they are for and wants a full breakdown of costs of the work at this stage.

He also doesnt feel I should be paid any interest on my claim because I've basically bought upon myself by not allowing him the opportunity to redo the work after he started proceedings ..." Miss Blinkin73 is entirely responsible for allowing this case to get this far without communications or dialog with myself....it has been entirely Miss Blinkin73s choice to allow this situation to continue this far and respectfully I do not feel I should be accountable for any interest the court feel fit to include on the counter claim when I have tried to resolve the issue outside of Court and direct with Miss Blinkin73.....Miss Blinkin73 is responsible for allowing this entire situation to manifest to where it is now and by ignoring my attempts to resolve this between us and outside Court and thus not wasting valueable Court time....it is her choice to counter claim and incur further costs". He wants to know how many hours I worked on the case and at what hourly rate so he can see if it was reasonable for me to charge £300 fo my time in the counter claim. He has calculated the cost of travelling to and from my property in my car so is disputing those too

He really doesnt understand why its not ok to ignore Pre court protocols, and why initiating a claim and then trying to negotiate may be construed as an abuse of the Court process...."Any attempts to resolve this outside of Court have come from me, and were ignored by Miss Blinkin73....I am more than happy to hold my hands up, I am not legally trained and in my innocents with these proceedings I was not aware that I had to send any letters prior to issuing a claim. I am surprised this small point is raised..."

So either the Courts have mislaid my two DQ's or they are offering me a way out, a way to end the proceedings, cut my loses and just get on with my life. However if I dont again submit the DQ, the claimant will clearly have no insight in to his wrong doing. Even if I do submit my DQ, I doubt he will as he also has to pay £120 for the hearing . I cant believe he gets to walk away scot free from any consequences for his behaviour.

[Blinkin73]

Re: Counterclaim default Judgement

Ok, So after a builder initiated a money claim two days after I refused to pay the remaining 50% of an invoice due to poor workmanship, I defended the claim due and counterclaimed. The defence was negligence/lack of reasonable care and skill and breach of contract. A preliminary hearing was held towards end of July. By then I had discovered that the rogue tradesman was not a member of the federation of small businesses as he had claimed and that I believed I could prove his reviews on a website I was introduced to him on were fake. The judge gave me leave to amend my Counterclaim to include Fraudulent misrepresentation. At my request the tradesman was also ordered to provide details of his insurance which he said he had. To my surprise he has public liability insurance which covers accidental damage to property.

The Court ordered that we contact the Federation of Master Builders for them to nominate two builders and provide their CV and for us to agree which builder to commission to provide a report on the works and give a quote as to how much it would cost to remedy any issues. The Federation nominated two building firms but didnt have CVs, I contacted both nominees to ask how much for an expert report then I contacted the rogue trader who advised me that he had contacted the Court and informed them that he didnt have the funds to pay £175 ( his half) of the report! Apparently now that he has been removed from the website where I was introduced to him, due to me reporting my concerns and showing them images of his work, he claims he is too ill to continue with the proceedings and cant afford to pay for the report as he can no longer work and has to find a new career!!?

I wrote to the Court advising of the conversation and asking for further instructions, even saying I would be proepared to pay for the whole report but needed leave of Court to do so and I have heard nothing from them. I asked one of the nominees to view the work and provide a free quote for the works that need to be redone which came out just over £15000 not including VAT so I served this on the Claimant and filed the quote with the Court

My concern is that he hasnt let his insurers know of the potential claim and the claim is apparently now over £10000. What should I do. I have a Court date for the beginning of November