Cowboy builders gets default judgment bef **Claim Dismissed/Counter Successful now to execute Judgment**

[gezwee]

Forgot mention they were very efficient in retuning my defence and counter claim. Handed in on Thursday and posted back on Friday. So will have to take that back to the court when received.

 

 

Pretty shocking service tbh, sadly it's becoming the norm for county courts....... too many closures, not enough staff.

 

Check for receipt of everything you file from now on, even if it means a trip to the court for a sealed receipt

 

Gez

[tm166]

You absolutely should complain but I don't imagine you'll get any compensation beyond a minimal goodwill gesture (HMCTS is publicly funded after all) so I wouldn't invest too much time in this issue.

 

I would assum by the amount of fees they charge they would be self founding.

[asokn]

Sadly not.

[panther12]

Was this dealt with at your local court as all claim processing will shortly be dealt with at the Salford Business Centre, even more delays and cock-ups.

From the dates you gave it did appear they ignored your AoS.

Claim deemed served 6 Feb gave you till 20th to reply (you did on 13th so ok).

That allowed defence to be filed by 5 March (they got it 1st so ok).

It takes a week or so for a request for default judgement to get processed so if the order is dated 28 Feb they must have requested it immediately the time for AoS had passed.

 

Oh well at least you’ve knocked the smile off their face thinking they had won by default, just hope they weren’t as hasty splashing out on executing a warrant.

[tm166]

Could I have some help on this, it seems that the incompetency of the court is beyond belief.

 

Summary of what has happened.

 

1. Dispute with builder on his work under sales of goods act, not fit for purpose

2. Several letters sent to builder followed by LBA

3. Not sure what the motive of the builder was but he decide to issue the court claim. claiming that the work was near completion and full payment was due.

4. Sent AoS on time and also defence, AoS ignored and default judgement issued.

5. Default judgment then set a side.

6. Court then loses the claim form, so can not proceed until that is provided, claimant fails to provide claim form, so I had to provide a copy.

7. Allocation questionnaire received and returned on time, with fee

8. Over a period of about 5 weeks phoned court on progress, was told each time that an order has been made by the judge and will be sent once typed up.

9. Got fed up and made an official compliant to court, received a replaying saying that the order was incorrectly placed in the wrong file, so another order will be made and sent.

10. Then received a date for preliminary hearing.

11. Attended preliminary hearing, was told a date will be set for a hearing and standard directions given.

12. Received hearing date and paid fee as requested.

13. Sent document 14 days before hearing as directed.

14. Went to court on 25-Oct for hearing. Could not find case listed, when made enquires was told that the claim was discontinued in August.

15. When questioned why I had not received the discontinue notice, was told that they are very sorry.

16. I then I asked that I had made a counter claim and paid court fees why has that been discontinued, that should have gone ahead. I was told another date will now be set.

 

I have lost all trust in this court, I am sure someone is interfering with this case at the court (the claimant threatened that he has relatives working in the court so if I took the mater further I would not succeed).

 

I will be making a further compliant to the court and taking this mater further as well as writing to the local MP. It is completely unacceptable that one cannot take a simple case to court for justice.

 

What I want to ask is that can I claim cost from the claimant due to him discontinuing his claim or do I have to wait for the hearing for the courter claim. I have read that you cannot claim cost when the claim has be allocated to small claim track. If that is the case then anyone can start a vexatious claim and discontinue after the allocation and avoid the defendants costs.

 

I would also appreciate any other comments and advice on the above matter.

Edited October 29, 2012 by tm166

[Surfer01]

I cannot comment except to say it certainly does look like there has been interference in court proceedings. Anyway I followed this previously and thought it had got lost, so thanks for the update and good luck.

[tm166]

An update

 

The judg in the next hearing did restore some faith In the system. He had a good go at the builder for not providing a witness statment and a defence to the counter claim. He tried to have a go at me for not providing anything for him to decide the case. Just providing photo of work done is not enough, so he ordered an independent surveyors report to be done for £200. Cost to both paries 50/50.

 

The surveyors report was very much in my favour, all the work done was not of acceptabl standard and had to be re done. So Jude ordered full refund plus an extra few hundred because rectifying the work done cost exta. I also got consequential dagerges in loss in rental income for a few months. So vary happy with Jude, how was very professional in dealing with the matter.

[AndyOrch]

Excellent news tm166 I'm very pleased that justice prevailed.

 

 

I will amend your thread title to reflect the result.

 

Well done.

 

Regards

 

Andy

[tm166]

I now have another issue with this court,the staff are either incompetent or corrupt.

 

After getting the CCJ, I applied for charrging order and also a third party debit order (Bank). Interim charging order was given but the third party debit order refused originally on the grounds that no debt was due, so challenged that and was told it will go to the Jude again to have a look. Now been told the order is been refused because Bank will not accept it since they need an account number and sort code and branch because Sandander is a big organisation. The builder has two morgages with this Bank so more likely has other accounts there. For some reason this clerk thinks that the bank stil opperates with paper bank books and accounts.

 

reading CPR and EX325 is doesn't say you need account number to identify the person.

 

(If the third party is a bank or building society you must give its name and the address of its Head Office. If you know them, you should also give the name of the branch where the account is held, the branch address, the bank’s sort code, if appropriate, and the debtor’s account number.)

Edited March 6, 2013 by tm166

[tm166]

Andy

 

Hold on this matter is not over yet, I need more help on this to fight these people in court, who I think are wrong.

Edited March 7, 2013 by tm166

[tm166]

Excellent news tm166 I'm very pleased that justice prevailed.

 

 

I will amend your thread title to reflect the result.

 

Well done.

 

Regards

 

Andy

 

Andy before you amend thread title I need more help, see above.

[AndyOrch]

Apologies tm so you have judgment ( with regards to your counter claim I assume? ) You are having problems enforcing it?

 

You have made application for a Interim Charging Order which has been accepted and also tried for a third Party Debt Order.which you are having trouble with.

 

Why have you not just the services of a Bailiff? Is the value of the debt too small?

 

Regards

 

Andy

[tm166]

I got CCJ for £4500 for the counter claim.

 

The claimant then applied for an order to vary judgment, because he can not pay, is unemployed for 1 month, lives in a rented propery, receives Benifits of £650, gas/elect. Is £200 a month, £50 a month traveling cost, £480 morgage and has two months arrears. So he can only pay £10 a month.

 

So rejected claimants offer on the grounds that there is inconsistencies in the income and expenditure and that he failed to disclosed full income. Failed to mention the address that was used on application form was still his trading address of the business.

 

After doing land registry search on trading address. If was revealed that this was registered in his wife's name, but he had two properties in is sole name and morgages with bank. So applied for charging order on one propery and third party debit order on bank to see if has money in bank. This is bussines man with various business and property so there was a good chance he has some mony in bank.

 

So court accepted one applucation, but refused the other with no proper reason.

 

I feel the court staff are not putting all the information I sent to the Jude. The two applications where split, charging order went to the judge on 22nd feb, where as third party debit order went on 1st March.

 

Sending bailiff on this person may be a wast of time, but may give it a go. But I have three address for this person one bussines address and two residential.

Edited March 7, 2013 by tm166

[tm166]

I am now worried that the charging order may not be finalised.

[tm166]

Can some help me with this.

 

I got CCJ aginst builder, applied for third party debit order (Bank) but have been refused originally on the grounds that no debt was due, so challenged that and showed them the CCJ. I was then told it will go to the Jude again to have a look. Now been told the order is been refused because Bank will not accept it since they need an account number. The builder has two morgages with this Bank so more likely has other

 

I under the suspicion that all the information I sent to the court is not been presented to the judge by the court staff and this would not the first time they have lost documents.

[AndyOrch]

I personally would have just sent in the Bailiffs (subject to value)....you are complicating the judgment with all the various applications.

 

A CO merely secures the debt and may be a long time before you see any payment.

Third Party Debt Orders are a pain as you found yourself.

 

Pick one form of execution and stick to it.

[tm166]

So why are third party debt order a pain to get.

[AndyOrch]

So why are third party debt order a pain to get.

 

As you have found for yourself :-

 

"

Now been told the order is been refused because Bank will not accept it since they need an account number and sort code and branch because Santander is a big organisation. The builder has two mortgages with this Bank so more likely has other accounts there. For some reason this clerk thinks that the bank stil operates with paper bank books and accounts.

 

reading CPR and EX325 is doesn't say you need account number to identify the person.

 

(If the third party is a bank or building society you must give its name and the address of its Head Office. If you know them, you should also give the name of the branch where the account is held, the branch address, the bank’s sort code, if appropriate, and the debtor’s account number.)"

 

[AndyOrch]

Thread merged with original ...please do not start separate threads on the same matter.

 

Thread title amended also

 

Regards

 

Andy

[tm166]

What I am been told by the court staff and what is in CPR is quit diffrent.

[AndyOrch]

Follow the CPR the court staff are mostly part time and not qualified to give legal advice.