Everlasting Boilers Claimform - ***Claim Struck Out ***Now a 3rd and 4th Claim

[AndyOrch]

#######Defence######

 

1.The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made.

 

2.The Claimant has previously issued this claim on 28th September 2014 claim number xxxxxxx and Discontinued it on ( insert date).I draw to the court attention that the claimant must seek the courts consent to reserve a discontinued claim pursuant to CPR 38 .7 PD a) b).

 

3.Notwithstanding the above it is accepted that I and my wife did enter in this agreement for the goods described however the claimant failed to complete the work agreed to satisfactory standards and therefore after numerous attempts and requests to the claimant to resolve the matter the claimant has failed to comply or make good the works agreed by way of the agreement stated, in line with the Sale of Goods Act 1979.

 

4.Should the claimant wish to complete the works to a satisfactory standard I am willing to reinstate the monthly agreed payment as per the agreement.

 

5.By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to the relief claimed or any relief.

 

 

 

One defence...that is all that is required at this stage...should the claimant wish to proceed...then you can particularise chapter and verse by way of your witness statement.

 

Regards

 

Andy

[leerob695]

Thank you Andy I really appreciate that I will keep you posted

[leerob695]

Just checked online and it shows this

 

Your defence was submitted on 23/05/2016 at 17:29:56

 

 

Your defence was received on 24/05/2016 at 08:01:50

 

 

DQ sent to you on 25/05/2016

 

What is the DQ and do i presume by sending this they have ignored the CPR 38 .7 PD a) b). Part

 

or is this normal

 

Thanks in advance

[AndyOrch]

DQ is the Directions Questionnaire which transfers the claim to your local County Court and allocates the claim to the correct track.

 

This is usually sent out if the claimant notifies the court after receiving and considering your defence...normally they can have up to 33 days.

 

Seems they had 1 day and notified the court to proceed....and MCOL dispatched the DQ ...all in 1 day...wish the postal system was as good everywhere else:-D

 

But wait until it physically arrives through your letterbox.

[leerob695]

So I take it that it is going to court now even though they havnt sought permission to go back to court in first place then

[AndyOrch]

We don't know if they have sought permission..they may have.The point above is that's the fasted turn around to allocation stage I have ever encountered...1 day.

 

There is a always a possibility that it will get to court from the day the claim arrived...it what happens along the way that determines if it will ever see inside a courtroom.

[leerob695]

They did similar thing last time after I posted my defence

Then it got discontinued

So why would you say such a fast turnaround?

Should I be doing anything in meantime while waiting?

 

At what point will a court officer start looking at my defence

Quite worried as I don't have £4000 if they win

[AndyOrch]

Your defence was submitted on 23/05/2016 at 17:29:56

 

 

Your defence was received on 24/05/2016 at 08:01:50

 

 

DQ sent to you on 25/05/2016

 

As per above all in 3 days...the claimant usually has to wait a week to get a copy of the defence...then has 33 days to decide if they wish to to proceed to allocation stage (DQ)

 

So according to the above all done in 3 days.

 

Do you not agree thats fast?

 

The court will see your defence once you get a trial date...probably the same morning as the trial date.Unless they discontinue again

[leerob695]

Your defence was submitted on 23/05/2016 at 17:29:56

 

 

Your defence was received on 24/05/2016 at 08:01:50

 

 

DQ sent to you on 25/05/2016

 

As per above all in 3 days...the claimant usually has to wait a week to get a copy of the defence...then has 33 days to decide if they wish to to proceed to allocation stage (DQ)

 

So according to the above all done in 3 days.

 

Do you not agree thats fast?

 

The court will see your defence once you get a trial date...probably the same morning as the trial date.Unless they discontinue again

 

Yes pretty quick

Was all done online my end so perhaps that's why

[AndyOrch]

Not really all manual from there end...hence my remark about a fast postie.The claimant has access to online also but I have never known a turn around in 3 days....lets see when you get your DQ...as all this is really irrelevant.

[leerob695]

Received a form today entitled

Notice of proposed Allocation to the small claims track

 

Take notice that

1 This is now a Defended Claim

The defendant has filed a defence (then says a copy of which is enclosed has been crosse dout)

2 It appears this case is suitable for the allocations to the small claims track

if you believe that this track is not the appropiate track for the claim you must complete box C1 on the small claims direction questionnaire (Form N180) and explain why

3 you must by 13 june 2016 complete the small claims directions questionairre (form N180) and file it with the court office and serve copies on other parties

 

then i have enclosed ther N180 directions questionnaire

and inside that i have a form

"would you like to settle your case without going to a court hearing"

 

What do I do now Andy please

 

again really appreciate your help on this matter

[martin2006]

If you have the N180, fill it in (they can be dowmlnloaded and printed if not)

Agree to mediation (always) yes to Small Claims Track

Make 3 copies

Court

Solicitors

File

 

Post the first 2, file the 3rd, then wait for it to be allocated to track and transferred to your local court.

 

The N180 itself is quite straightforward to complete

[leerob695]

Thanks

I dont have a solicitor as I can't afford one

 

I can't believe it has got this far concidering it has previously been discontinued and they havnt asked permission to try again suppose it just shows no one really takes notice of defence forms

[martin2006]

I meant the other sides solicitor

[AndyOrch]

Thanks

I dont have a solicitor as I can't afford one

 

I can't believe it has got this far concidering it has previously been discontinued and they havnt asked permission to try again suppose it just shows no one really takes notice of defence forms

 

Your defence has not been seen by the court yet.....follow the process.

[leerob695]

Thanks Andy

 

I cannot see an address anywhere to send the other parties a copy of this Directions Questionare is it the address on the claim form?

[AndyOrch]

No...it goes to the solicitor named on the claim form or if there is none the claimant.

[leerob695]

Right We have passed the date (13th ) of which I had to send the form to the claimant and the court office

 

Ive not recieved anything from them but they will have received mine

 

What happens now?

[AndyOrch]

The court will send you a Notice of Allocation once the DQs have been processed

[leerob695]

should i not of had a copy of the claimants Dq sent to me by them?

[AndyOrch]

Should have...but most dont.

[leerob695]

this is getting beyond a joke now its gone from being super quick to super slow

 

the DQ says it should be filed with the court office by June 13th to which it was sent in plenty of time ( sent June 9th)

 

Ive just looked online and it says that i filed it on 18th July

so i presume that the court will just put a judgment in on the claimants favour because THEY didnt do their job on time

 

Im getting really stressed about this now

 

what will happen?

Thanks in Advance

[Ganymede]

No, there will be no judgments at this stage.

 

You need to wait a couple of weeks for the Court to send out Directions.

[leerob695]

Even though it says on the questionaire i Received that i had to file by the 13th and they did it on the 18th ? i thought it might default as a judgment as they will see it as late

 

Thank you

[AndyOrch]

They make allowances given the time the court is running behind