Hi hmmh1978 Thanks for your comments. However, I had no representation in any of the Courts and was acting for myself, this being the case shouldn't the Master have explained prior to announcing judgment that this would mean I had abandoned the CC or at least raised the question of my CC, instead it was just ignored as if it wasn't there.Also the Judge in the second Court quoted from a reference book that stated quite clearly that the CC must be heard 1st. Hope you can throw some more light on this. Many thanks Ron139

Hi All Sorry for the delay but I have been away. I have looked through all the papers and cannot find any reference to the CC being pending the Master didn't mention it at all. I lodged the CC 2 months before the Hearing and it was not referred to at all. Thanks Ron139

Hi Andy Sorry to seem stupid but what does the term pending mean? I lodged the CC with the High Court before the hearing date and in the specified time period and paid the fee. I received no other correspondence from the Court. Thanks Ron

Thanks Andy At the time of the judgement at the High Court the counter claim was lodged and paid for but the Master made no reference to it. Do you think this is sufficient reason to have that judgement set aside? Regards Ron

Hi Andy It was referred to my local court and the Judge said that there was a counter claim to be heard and despite the Claimants Solicitor arguing against it the Judge quoted from a reference book and said the counter claim had to be heard before matters could progress further. He placed the trial on fast track. The builders solicitor made the trial bundle and I had to pay for the court time and we went to Court. The builder had a barrister and he said that the counter claim could not be heard because it would mean going back into events which were dealt with in the judgement. The Judge agreed and ruled that anything relating to the judgement could not be referred to. I tried to bring up the evidence of the contract between us which referred to the method of payment and the Judge refused to hear it. The Judge heard part of the counter claim which referred to events after the judgement then he dismissed the counter claim and awarded full costs and interest to the Claimant. To me I have paid on two occasions for this counter claim to be heard and it has never fully been heard. Is there anything I can do. Thanks Ron

Hi All The original judgment said It is ordered 1.that judgment be entered for the Claimant for £167331.86 2.that the Claimants application notice of 1st December 2009 be adjourned for further hearing as to whether the Defendant is liable for costs and interest on the Judgment and if so as to be assessment of costs and interest 3. that this claim be transferred to Watford County Court 4.that costs of today be reserved This was a hearing held in the High Court in London in front of a Master. I assumed that the rest of my case would be heard in my local court because the agreement for payment would reflect on interest and costs. This agreement for payment was not in writing at the time but the builder admitted subsequently by e-mail, before the hearing at the High Court, that this was the method of payment. Thanks Ron139

Hi All Sorry I am not very good with computers and I left it to my wife and she tried to do the whole senario in one paragraph. I agreed I owed the money and his solicitor kept us outside and tried to get us to agree to costs and interest. In court the Judge said do you owe this money and I said yes and he said are you sure and I said yes. He promptly said judgement to the Claimant. His solicitor jumped up and said about costs and interest to which the Judge said that will be dealt with in a lower court and my counter claim wasn't mentioned. Have I any recourse to the High Court as my counter claim was paid for and not heard before the judgement was given.

I was taken to High Court by a builder because I hadn't paid his bill. I agreed I owed the money but my counter claim was that we had agreed at the outset I would pay him when I sold or re-mortgaged the properties, therefore, I shouldn't have to pay him until then. The Judge gave a judgement against me but didn't hear my counter claim as He said there was no time. He referred it to our local court. When we got there I was told I could not speak of the case now judgement had been given and I had to pay interest on the judgement debt at 8%. I had paid for my counter claim to be heard and it wasn't. This was over a year ago. Does anyone think I have any recourse now.