Jump to content

Search the Community

Showing results for tags 'counterclaim'.



More search options

  • Search By Tags

    Type tags separated by commas.
  • Search By Author

Content Type


Forums

  • The Consumer Forums: The Mall
    • Welcome to the Consumer Forums
    • FAQs
    • Forum Rules - Please read before posting
    • Consumer Forums website - Post Your Questions & Suggestions about this site
    • Campaign
    • Helpful Organisations
  • CAG Community centre
    • CAG Community Centre Subforums:-
  • Consumer TV and Radio Listings
    • Consumer TV and Radio Listings
  • CAG Library - you need to register to access the CAG library
    • CAG library Subforums
  • Banks, Loans & Credit
    • Bank and Finance Subforums:
    • Other Institutions
  • Retail and Non-retail Goods and Services
  • Work, Social and Community
  • Debt problems - including homes/ mortgages, PayDay Loans
  • Motoring
  • Legal Forums
  • Latest Consumer News

Blogs

  • A Say in the Life of .....
  • Debt Diaries
  • Shopping & Money Saving Tips
  • chilleddrivingtuition

Find results in...

Find results that contain...


Date Created

  • Start

    End


Last Updated

  • Start

    End


Filter by number of...

Joined

  • Start

    End


Group


About Me


Quit Date

Between and

Cigarettes Per Day


Cost Per Day


Location

Found 23 results

  1. Hi, My landlord is wanting to send estate agents round to value the property because he wants to put it on the market. He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling. At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes. Does my landlord have a right to getting a valuation, especially before he has issued a Section 21? I feel so uncomfortable about it and I really don't want anyone coming round while I still live here I have been looking through other tenants posts and came across this comment from one of CAGs members:- "Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective." Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago. Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?
  2. Hi All, Thanks in advance for any help ! We received a claim from from our builder because we have withheld payment of the final instalment as he as breached his contract with us. He sent a claim form asking for the money to be paid (approx 1667.00). We are now trying to work out the counterclaim and having serious difficulties in understanding what to do. Any help appreciated. problem outlined here. (ignoring court fees and interest at the moment) Final installment withheld by us is 1667.00 BUT this value is incorrect as he is trying to charge us for more expensive tiles than those he installed without our permission. He is claiming that money is owed on his claim form. What we have already paid him is £3865. What we paid Wickes for more tiles directly is £248 The new invoice from another builder who said that the entire bathroom will need re-fitting £6635 (this includes a tile allowance that are slightly higher than our original builders tile costs ). Should we be basing our claim on the difference between what we thought the original builder would have been owed if the job had been done well, subtracted from the higher cost of the new invoice. Then adding the amount we already paid him. OR should we be just saying pay us £6635. (despite the fact we have withheld the final invoice but we are not sure of the value of that final bill and he has breach contract so technically we dont owe him it anyway !) HELP !
  3. I have a case with PRA, made a CCA request for information and deeds of assignment, they only write a letter to say they have requested for the information from OC and the deeds of assignment is a confidential information consisting of their business secret, but they agreed in the letter that they will bring it to the CCJ set aside hearing but they said they will blank out confidential info. What defence options do I have in this scenario ? No CCA request was honoured What happened in case the deeds has been altered as stated Also the fact that I have not been given opportunities to review the document before hearing ? If they are challenging my set aside application, I have not been presented their WS?
  4. Good morning everyone! I wonder if anyone could kindly give me someadvice for my next move: Barclaycard refused my wife PPI when she was hospitalised in 2011 saying she didn’t have a policy. In 2013 we found out she DID have PPI, so of course setabout claiming it back, and finding out why we weren’t given the opportunity toclaim. Barclaycard made it clear, that any payments would payoff the balance on the account (£8K) and that the account would be closed. During this time we negotiated a reduced monthly rate of paying the account, infact this was by continuous payment authority on a Debit Card, so the account was being paid. My wife was offered £11k initially, but we negotiated because of their many errors and got £15K. So they actually paid £7k to my wife after clearing the account. The PPI claim was ongoing from Dec 2012 to August 2013. in June 2013 without anyone being aware (even the PPI department), a different Barclaycard department sold the debt of £8k on the account to a DCA At the same time they put a default on my wife’s credit file? Then the DCA put a second default on my wife’s creditfile and Experian have told us it is impossible to have 2 defaults for the samedebt, but yet they are still there? We explained the situation to the DCA who refused to believe us, we told them the debt was cleared and the fault lay with Barclaycard. We explained this to Barclaycard who did the same and wouldn’t listen. We even had the final offer letter from Barclaycard that stated that the account would be Paid Off before we got the balance. And of course we have bank statements showing the Award minus Debt = balance going in to my wife’saccount. DCA (who have their own in house solicitors) have taken my wife to Court. We have counter claimed, only for a maximum £500 to keep down our costs. We figured we would deal with DCA then take Barclaycard to Court. But one of the questions I want to ask you guys on here is from what I have read, you can only claim for ACTUAL financial loss and not damages for reputation etc? Is that correct? And finally I am wondering if I can end this early: DCA (solicitors)have: 1. Failed to send in Allocation Questionnaire on time. 2. Failed to attend Court for Directions hearing when required to do so on May 5th 3. Failed to pay Court Fee ordered to be paid by June 4th 4. Failed to file Witness statements by June 9th. In the latter point (4) the Court office made a mistake in not informing them to file papers by the 9th June (they were told a later date), but if they had attended for directions on 5th the Judge gave me the paperwork to take away with me clearly stating filing date: Both the correct and incorrect paperwork did however both say they should pay hearing fee by the 4th June however. At the Directions hearing the judge said to me that “he would strike out the claim”, but that we need our counterclaim following through for costs, and more importantly to clear my wife’s credit file. He also stated that there was a danger that they would just claim again. Does anybody have any further comments to add or advice, because I think that for a DCA with their own solicitors they need teaching a lesson?
  5. Dear All, I have a scenario here I would like to get your views on. Suppose in a county court X makes a claim against Y and in turn Y makes a counterclaim against X under Reference Z (I am assuming counter claims are under the same reference number) X now wishes to discontinue the claim against Y My question is simply, will the entire claim then discontinued under Reference Z including the counter claim If Z wishes to pursue the counter claim, will he need to file a new claim in the county court? X will be liable for Y costs - would there need to be a small claim made by Z to recover the costs? Many thanks
  6. My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible. I know the following: 1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on. 2. The name on the claim form for the landlord is the wrong surname 3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done. 4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May. 5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank. What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts? Shall post in 2 seconds.. uploading now here are the claim form pages Will make into a PDF. two secs Ok attached attachment.pdf
  7. Could someone please help me. I have drafted a very long defence, but would like to consider part 20 against Santander. please help defence due in 21/07/2015 4pm The is pertaining to an authorised overdraft disputed in 07/07/2008. Now Hoist have issued me with a claim
  8. Hi all! I have been reading through alot of threads to gain info. We have a problem with a builder, who was supposed to do approx £27k of work on our house. I will keep details sketchy as I don't want to identify ourselves. he was a cowboy, didn't do the work as he was contracted to do (we had no written contract, but the Surveyor had specified what needed to be done and how and the quote referred to "all works as detailed in the surveyor;s report). To cut a long story short, he has had two attempts to fix the roof, and has only made it worse both times, and it is now falling apart instead of renovated. We will have to completely re roof it now as its not viable to try to fix it anymore. There are other jobs that were done and also all wrong for varying reasons. We had taken legal advice, had the original surveyor in twice to assess the property and works and draw up a scotts schedule. The work he has done was considered as £0 value due to not being what was supposed to be done and shoddy work. The damages to our property soar at over £60,000, certified by both the FRICS surveyor and conservation. Including legal expenses and other fees the claim against him will be over £70,000. He has chased us with 3 debt collection companies so far, one whom sent out a Liverpool gangster to deliver a Statuatory demand against us to try to bankrupt us. I have proof of who he was, as for some reason when I explained what the builder had done to our house, he claimed to be a "surveyor" and told me he could survey the damages for us, and wrote his number and name down. When i googled him and found his image and name I found out who he really is. -none of the debt collectors have been told by him its a disputed debt. -The first debt agreed to wait until a certain date to get the scotts schedule and evidence, but before that date came around, the next was pursuing us vigorously. -The second debt collector refused to contact our solicitor despite being told to only converse via him and repeatedly texted us and phoned us saying they were going to bankrupt us. -Our solicitor tried to call them but his calls went unreturned and he had to email them to ask them to desist harrassing us and only converse via him. -Then they sent letters threatening SD against us, and when contacted AGAIN by our solicitor for continuing to ignore the direction to speak via our legal advisor, claimed they never received his "letter", (even though it was an email!) -We forced them to set aside the Statutory demand, by furnishing the evidence and he was dropped like a hot potato by the bulldog debt collectors and that was the last that we heard from anyone for approx 8 months, until we got a letter a few days ago, from yet another. -I have recording software on my phone so made sure i used it when I called this debt collection company. We haven't got the solicitor involved again as yet, as we don't want to part with yet another £500 to get rid of these guys. I had a list of qurestions which i calmly repeated: "has your client told you this is a disputed debt? -has your client told you that you are the third debt collector he has gotten on to us? -has he told you he issued a statutory demand against us which they had to set aside when the evidence was furnished -has he told you we have proof of a £70,000 AGAINST HIM? etc... She said she didn't have a record that he had told them it was a disputed debt but would get the case manager to call us back, which hasn't happened yet. -Also I'll mention the claim of monies owed started at around £15,000, and each time the amount has changed and risen and now he's claiming theres over £25,000 outstanding, which is absolute balshovic! He's just making up amounts and doesn't actually KNOW what the actual amount would have been had he done a satisfactory job. Our solicitor said should we take this to court we must be aware it will cost us at least : -£2500 filing fee with court -£10 - 15,000 of solicitor, barrister and court costs in the year it will take to get to court, and thats before the case is heard. The evidence is overwhelming and I feel we would blow him out of the water should we try the case, but our solicitor is concerned that we will get a win, but get no funds out of him as he doesn't really have company assets the tracing agent could identify, and the company has a £150,000 debt against it. ..The only upside is, he said the banks wouldn't let a builder run up such huge amounts of debt unless they had it secured against something , and we know he has a property worth at least £600,000 in his personal name, so should he not pay, we could seek a winding up order of his company, which couldn't happen until he repaid the banks , and if he didn't have the cash to pay the debt, they would force him to sell his home, so he most likely would then be forced to pay us to avoid losing his home. So we are not sure whether its worth losing yet more money trying to take him to court, but until we take him to court, how do you stop him constantly harrassing us with debt collector after debt collector? I feel he is just trying to be a nuisance and waste our money on solicitor fees endlessly as he knows he has no hope of getting any more money out of us. I called citizens advice bureau, but they said there is nothing they can do as its not a small claims case. Each time he does this, we have to answer to the debt collectors and waste more money-surely there is some way he can be stopped from doing this? He is purposely misleading debt collectors in order to get them to take his case by not disclosing the facts.
  9. I brought a car from honda in may 2004, it was a a ex show room car, and I was offered £1000 off the price of the car . How ever Honda finance increased their interest rate from 11.9% to 12.9% to get the cash back from the £1000 discount from the car. Also the copy of the consumer credit agreement I was given is unsigned by honda finance , so would i be correct in that its a unenforcable CCA cheekyone
  10. Hi, I'll try and keep this short and hope someone can offer advise. My son was a sub-contractor (plumber) on a large block of flats, the main contractor decided to remove all plumbers and appoint one company rather than several subbies. My son submitted his last invoice and should have been paid after 14 days, when he wasn't paid he tried phoning, then emailing and then texting the main contractor, all these were ignored, so eventually started a small claims against them for £1289. (he followed the correct process in issues letters, etc) The contractor has now submitted a counter claim for £2650, stating that the work was substandard and they would be seeking the cover the money. I phoned their head office (my son at this point was out the country and asked me to deal with it) I spoke to there commercial manger, who had signed the counter claim. Now my point is that the main contractors PM on site, had dismissed all plumbers but had asked my son to stay on because he knew his work was of a high standard, (all work was QA by the site PM) and also asked my son to look after the site apprentice, but 2 weeks later when the new plumbing subcontractors arrived the main office overruled the site PM and my son had to leave site. So I argued that the site PM, who was in the best position to know who was working to what standard clearly didn't feel that my son's work was substandard and if he did why ask him to look after the apprentice? I was also concerned that the counterclaim was the first he had heard that his work was substandard, and he had made numerous attempts to contact them but they had not taken any of these opportunities to reply and inform him of the issues. Its standard practise to get trades to return and do snagging I also asked if the were looking to recover money from all the plumbers, which he said they were, so I said ok, which ones, because me son is in contract with all of them....he then said well they will but haven't yet, he then offered to drop the counterclaim if my son dropped his claim. So it's clear that the counterclaim is only being used to bully my son into dropping his claim. The commercial manager was not aware my son had remained on site and been asked to look after the apprentice, so asked if he could check and then phone me back. When he phoned back he said the site PM denied that what I had said was true, so I offered to give him the apprentices number and he could phone and ask himself who he worked under, as I knew it was my son at the direction of the site PM, he refused to take the number but said he would offer to drop the counterclaim and give my son £289 to drop his claim. I wanted the offer in an email which he did, after I emailed back to turn down the offer he increased it to £500.....is this now an admission of guilt? I haven't put the defence in for the counterclaim yet and I'm tempted to point out that it seems its an abuse of the system and being used to bully my son...but not sure if this would be wise. I've also asked for the report that detailed the work was substandard or failing that a breakdown of how they arrived at the £2650, but they are unwilling or unable to provide this.
  11. Hello, My landlord has informed me that Npower will be attending some time next week to fit a prepayment meter. However, where the current meter is, I have no access to. I live in a farmhouse ajacent to a farm and the meter is in a buildiing on the actual farm (which doesnt belong to me) which is on private ground an has a gate with a lock on it. How am I supposed to access it to put credit on it? Are they allowed to do this? Can I request that the meter be moved to the house? Thanks.
  12. Have a look and let me know what you think. Any help will be appreciated. http://s911.photobucket.com/albums/ac318/zentrix9/MR%20VIRGIN%20MNBA/ I will be sending a SAR request tomorrow to see what I get back
  13. Hi Guys, I hope someone can help i will try to keep it short and to the point, My LL did not put my deposit into a scheme which i only discovered when i tried to get my deposit back and he ignored i asked him if he had protected it and he then gave me £500 of it back keeping over £300 with no explanation. so I filed a claim against him through money claims on line, He has now issued a counter claim against me saying i left the house in a mess holes in the wall bins full etc etc a complete case of tit for tat but he has photos of damage behind front door (he is saying that i did it)which was there when i moved in which he knew about as he promised to get it fixed and he didnt but all my evidence id conversations we had rather than anything else there is no truth to anything he is saying at all, my concern is i am in court early June and i have to have my evidence and my witness statement i am not sure how to complete a witness statement and my evidence is limited he did not put my money in a scheme i have no letter from any of the deposit schemes to show he did and he has no defence to this but im feeling a little intimidated now. The counterclaim seems to be the main thing there is no mention of the original claim of the fact he did not enter my deposit in a scheme he has even entered the remaining money in a scheme 1 month after i moved out ?? IM just really worried now that he is there with photos and i only have word of mouth whats my chances of winning this ? if someone can advise what i will need to complete my witness statement many thanks in advance x
  14. Hi could someone help my husband a builder gave an estimate to build an extension firstly he told the customer he would do it on day work and the customer would have every invoice so he could see how much everything cost so he was only actually paying for what he got he thought this was the fairest way he wasn't intrested in making a big profit just happy for the work really.it has gone over budget by £4000so hes not happy even thou when he paid up at the end of April he was told this and my husband asked him if he wanted to carry on with the work to which he said yes and now owes over £4000 for May labour and materials but wont pay nothing was in writing
  15. Will try and make this as short as possible. My son rented a house through a letting agent. Had loads of problems whist there, water leak in the kitchen, faulty boiler (serious problem) damp in a bedroom which caused mould growth, along with loads of other bits and pieces all of which they refused to repair even blaming him, saying things like the damp was because the bed was in the wrong place. In the end he moved. After he moved they sent him a letter asking him to pay for alsorts of things including things which where wrong when he moved in proven by photos supplied by them. Obviously he refused to give them anything. He then received a claim from court. There particulars of claim just asked for money with no details of why. He did a defence and a counterclaim. His counterclaim was for his deposit which still hasn't been returned loss of use of a bedroom exesive gas bills caused by a faulty boiler week of work due to breathing problems possibly caused by mould spores along with the costs of a forced move. He got an allocation questioner which he filled in returned to the court and sent a copy to the letting agent this had to be done by the 27th Jan. He has now received a letter from the letting agent with a copy of a letter they have sent to the court withdrawing there action. He rang the court to find out what they had received but had nothing from the letting agent no defence to the counterclaim and no allocation questioner. He asked for advise about his counterclaim but the where unable to offer any advice. My main question is can he carry on with his counterclaim and can he ask for a judgment in default as they haven't defended his counterclaim. Thanks in advance.
  16. Hi I'm hoping that someone can give me some advice please. Here's goes, a bit long winded! On Friday 21st June 2013, my friend and I attended a concert at a well known stadium. We had an altercation with another member of the public over a seat and this resulted in a lot of shouting and a drink being thrown (by me). Following the altercation in the stadium, my friend and I were asked to 'come out the back for a quick chat' by two male members of an outsourced security firm. A heated discussion between the 4 of us occurred and one of the security staff went to speak to some members of the public to investigate the incident further. My friend and I were asked to stay where we were whilst this was happening. About 5 minutes later, the investigating member of security staff returned to advise 'we have witnesses, you're in the wrong, you cannot go back to the concert'. I would like to add at this point, no witnesses or third parties were asked to come along to discuss this, we were simply told that we were not to be believed and we could no longer attend the concert. A heated argument occured and a female member of the security staff joined us. At this point there were 3 or 4 male members of the security firm and a female member (I am female by the way, this becomes relevant further along....). I then told one of the security staff to call the police and I was told 'don't worry love, they're on their way'. I then advised a male security guard that I was going outside for a cigarette and I attempted to move towards a rear door to go outside and I was violently pulled back and manhandled by 2 or 3 members of the security firm and pinned to the floor. There was an arm around my neck and one around my head. Both of my arms were yanked behind my back and I was in so much pain, I thought that they had broken my arm. I was understandably distressed and extremely upset, the pain in my arms was excrutiating and I could not breathe due to the hands and arms also around my face and neck. My skirt had also risen up and my underwear was on show. At this point, a male member of the security firm was shouting ' there's no need for this, you're hurting her, let her go'. My friend who was with me at the time was also shouting to let go and was told by the security staff to be quiet and sit on a chair, which she did. At this point, due to the amount of pain I was in and the fact that my breathing was restricted, I temporarily blacked out for a very short period of time. I came to and my left arm was still yanked behind my back by one or two members of the security firm, there was also a hand near my face and neck and I was shouting that I could not breathe and I attempted to bite the hand in front of my face. May I add at this time, that although I attempted to do this, I was unsuccessful due to the amount of pain I was in. The security staff, eventually pulled down my skirt (I'm presuming to preseve my dignity, however at this point it was too little, too late) and I was manhandled off the floor and made to sit on a chair. I am sure you can imagine how understandably distressed I was at this point. A black male member of the security firm, whom I do not wish to implicate came over to me, knelt down and took my hands in his and gave me a tissue and a cup of water. He apologised for the way his colleagues had treated me and told me that 'this should never have happened and I am so sorry it has'. As far as I am aware, this black male member of the security firm had abolutely nothing to do with the way I was treated and he apologised profusely many times, he had nothing to do with the way I was treated. I was then taken away with the police. The police issued me with a fixed penalty notice (section 5) which I paid the very next day. I was also in so much pain the next day, I went to my local A&E who gave me painkillers and xrayed my elbow and left arm and I was advised that I had extensive muscle damage. Anyway.... I then decided to go back to the police to press charges against the security firm for the shocking and brutal was I was treated. The police have done their investigations and unfortunately, there is no CCTV available for them to view as all of this happened in a 'staff area'. The police advised that the CPS may not take on the case due to the lack of CCTV. I've therefore decided to continue with a civil claim for personal injury. However, after making an official complaint via email to the security firm, I received an email today stating that they acted correctly and their 'contractors' were also going to take civil action against me! I've spoken to my solicitor and she thinks that they are scare mongering, however I am concerned even though i haven't done anything wrong! Will the fact that I have a fixed penalty notice go against me, can the police give out my personal information (they don't have it at the moment, other than my name). Hopefully someone can give me advice please.
  17. I was in a tenancy that ended back in July. After repeated, failed attempts to get the landlord to use the dispute service offered by the deposit protection company I had to start a small court claim to recover my deposit. Once the court claim started the landlord then agreed to use the dispute service (without informing me!) offered by the deposit company. However also the landlord issued a counter claim blaming me because she couldn't let the flat for a few weeks after I left, it says I didn't give her enough access to the flat so she is claiming a few weeks rent. I send a defence to counterclaim disputing this. I now have most of my deposit recovered after the dispute service has given it's verdict. Now from the court I have been given a court date and asked to pay £165 court fees. As my deposit is now returned I don't want to go to court as except for claiming costs there is nothing for me to gain and I will lose pay as self employed to attend court which will not be covered by any returned costs. Do I still have to go to court just to defend the counterlcaim even though the original claim is now resolved as I have received the deposit back ? I had a look and the court website and it says I will be liable for any of the defendants fees if I do not pay court costs now. Surely it is not right that we will go to court on just a counterclaim and I have to pay for it ? Thanks in advance....
  18. Hi, First post and this site has grown huge since I last came on here so sorry if this is the wrong forum. I had a problem with a gas boiler repair and I ended up having to get another company (B) in to do the repair after the first company (A) failed after nearly three weeks with no hot water or central heating in Winter. (A) replaced the PCB without success. (B) also replaced the PCB and this worked. So my argument is that the PCB supplied by (A) is faulty. I have filed an acknowledgement of service and have been preparing my defence. I want to issue a counterclaim as company (B) did additional work on the basis that the parts supplied by (A) had been replaced. All very simple so far. My only complication is that (A) was engaged via an insurance backed emergency breakdown cover (I) which was supposed to payout for part of the costs. So in my counterclaim I want to include (I) as a party. How do I do that?!
  19. I have received a CCJ claim against myself from a past employer. I have responded to the letter on-line giving me 28days instead of 14, but I need more time to build a defence. The ressone for extra time is for information I never recived from my employer while with them. I have followed the ICO procedure under the data protection act for gaining this information, but it will take up to 40days to get back. Can I ask for more time from the court to do this as it is crusial to my counter claim.
  20. Hello, My current landlord served me a Section 21 notice that expires in two months time. However, my deposit is not currently protected so from what I have read, his section 21 notice is invalid. What I need to know is this: If he continues with action and makes a court date for the Section 21 notice, am I able to counter-claim for 3x deposit and return (or protection), as well as making the S21 void at a hearing? I need to know if there is any kind of monetary counterclaim ability in a Section 21 hearing as there is in a Section 8 hearing, because I am eager to counterclaim for the deposit penalty (or at the very least, its protection or return) but I cannot really afford to start the proceedings myself as I am on income support/housing benefit + I don't want to tip off the landlord early that he can't evict me with Section 21 until he finds out the hard way because my deposit isn't protected. Thx for your help everyone
  21. Hi I hope I am posting in the correct place. Just before Christmas I was issued with a county court claim from my childrens old school. I had refused to pay them the terms notice, due to issues we had had with the school and the education they had received for 18 months the did not pursue me for the money until I received the claim. I have filed a defence and also issued a counterclaim as I believe the school did not provide the services which we had paid for previously. I received a order from the court stating that the claim would be listed for trial and giving provisional dates. It also stated that the claimant had to file a defence to my counterclaim and serve it on both the court and I by yesterday. I have not received a copy of the defence so I presume that they have not completed one. I was wondering can I now enter judgement by default if so which form do I use to this. I want to make sure I do everything properly as not to hinder my defence in anyway. If anyone can help I would greatly appreciate it. Thanks
  22. Hello, I am in the process of obtaining a judgement on debt. The Defendant has decided to defend the claim (most of which is false) and submit a counter-claim. I am about to submit my allocation form. Under the Civil Procedure Rules, I see that I can submit a "Reply to defence" and a "Reply to defence and counter-claim". Do these form two separate documents or one? Referring to 3.2 in the practise direction 15 of the CPR: 3.2 Where a claimant serves a reply and a defence to counterclaim, the reply and defence to counterclaim should normally form one document with the defence to counterclaim following on from the re Is the "Reply" the "Reply to the defence", ie when the CPR refers to "Reply and defence to counterclaim" does it mean "Reply [to the defence] and defence to counterlcaim"? Thanks mkll
  23. Hoping for some advice on here. Below is a summary of what has happened to-date, that I have included in the Allocation Questionairre that I have received after the landlords solicitor counterclaimed against me. ( we have not submitted it yet as its due on 30th Dec). The landlord has no grounds as to why he has witheld our deposit apart from wanting to refresh the house, and has no inventory. We started on moneyclaim, but now costs seems to be going up and as the counterclaim is for £12,000, might be allocated to the fast track for which we could be liable for costs. Note that this was a high value tenancy and not eligable for the TDS when we started renting in November 2008. Any advice or comments would be gratefully received. Also, I have set out my own draft directions and wonder if there is anyone here that might be able to take a look at them to see if they are acceptable. I also wonder if we should be getting our own lawyer or if I counld continue to represent..I am not legally trained at all , hence the need for advice. " a) On 21/10/10, prior to end of tenancy or property inspection, Defendant (landlord), notified Claimant (tenants) of intention to withhold deposit of £5,412.50 for refreshment of the property. Breeching the tenancy agreement clauses 2.3.1, 3.5, 3.7, 3.8 "..subject to an apportionment or allowance for fair wear and tear, the age and condition of each and any such item at the commencement of the tenancy..". b) On 31/10/10 Claimants tenancy terminates per the tenancy agreement and Defendant refuses to inspect property with Claimant or enter into discussions citing that refreshment is tenants liability. On 10/11/10 Defendant produces a prejudiced 'inspection report' detailing £10,515 (+ VAT) of alleged dilapidation and damages to the property without an inventory or other supporting evidence. Defendant does not pursue these charges but uses the report as defence for withholding the deposit. c) Defendant refuses to engage in meaningful dialogue which may have facilitated an amicable & fair settlement, pursues betterment and does not acknowledge concept of 'fair wear and tear' at any point. d) On 12/11/10 Claimant issues a 'letter before action' requesting the return of deposit, or evidence of the alleged damages. No evidence was provided within the requested 14 days resulting in court filing on 29/11/10. e) On 30/11/10 Defendant returns £2,200 allocating a charge of £3,212.50 for 'incurred' cost of refreshment. f) Claimant lawfully requests remaining deposit (£3,212.50) withheld by the defendant plus interest and costs. g) On 13/12/10 Defendant counterclaims for £12,618 (+ legal fees). If the court is in agreement, it is respectfully suggested that special directions may be given as per the attached draft order. I believe the proposed directions will further the overriding objectives in that they identify the most fundamental issues in dispute, and will allow them to be assessed in advance of the hearing so that this claim may proceed justly and expeditiously. If the Defendant has the serious intention of defending this claim and counterclaiming at trial as is indicated by its defence, I would contend that it is incumbent upon it to disclose such information. "
×
×
  • Create New...