Being sued by builder - filed a counterclaim

[simeon1964]

I obtained a default judgement on my counterclaim on the 10th of June 2021. The claimant now instructs a lawyer to set aside the  judgement. 

My lawyer now asking me if I want enforcement action. In what way is enforcement going to help if the claimant going to make application to set aside the judgement.

 

[dx100uk]

simeon1964's Content (consumeractiongroup.co.uk)

 

i notice you keep habitually making very short threads with no actual details about what is going on making it virtually impossible to actually help you without full background details of any case.

 

are any of your multiple 1 post previous threads linked to this issue please to give us a clue?

 

[unclebulgaria67]

You have answered your own question.

 

Wait for hearing after set aside.

 

But as dx says, what is the story ?

[simeon1964]

I am sorry this a new new case, default 10th June 2021. My builder took me to court over unpaid building work for £2.5k.

 

I have spent 3k to call another tradesman to do his work  whilst he was on the job. He said he did not have the equipment to do the job.

 

We both have a signed contract before the start of his work. Secondly he damaged  several structures on the property to which he said he will sort out and he didn't. Property still left unliveable since he left as I cannot continue for financial reasons as the case still ongoing. Finally he did not finished the job and walked away.

 

My solicitors asked to get builders and surveyor estimate to do and rectify his work. The total was 18K. 

 

He had taken 4.6K whilst on the job. His balance would have been minus the £-3k I paid to another tradesman to do part of his work if the job is finished and up standard.

 

I do not understand why my lawyer wants to take the path of enforcement when is now got a lawyer to act for him. Is there a lime-limit  after the default judgment during which he will not be able to set aside his case?  My lawyer says enforcement will cost 4k. Please give me a light on this 

 

 

 

 

 

[unclebulgaria67]

Have you contacted Courts to find out if a set aside application has been made ?

 

Have you checked to see whether the Builder has any other CCJ's ?

 

Home

WWW.TRUSTONLINE.ORG.UK

 

Perhaps the legal advice relates to the Builder being able to pay ?  i.e. get in quick to enforce the judgement. 

 

Enforcing a CCJ does not cost £4k.  Sounds like your Lawyer is including their own hefty fees in arranging this.

 

Make a court claim for money: Enforce a judgment - GOV.UK

WWW.GOV.UK

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How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from...

 

[simeon1964]

No set-aside application yet. the claimant lawyer just wrote my lawyer that they are going to challenge it. He want to know If i want to proceed with enforcement. I am still asking question from him why enforcement.

[dx100uk]

Could be a bluff.

 

why not enforce??  use hceo if sum is +£600 only costs £60ish

 

Dx

 

[dx100uk]

just to clarify who has default judgement? you or the builder...it's not clear...

 

11 hours ago, simeon1964 said:

I obtained a default judgement on my counterclaim on the 10th of June 2021

sorry 

[simeon1964]

I have default judgement The builder did not reply to counterclaim

[dx100uk]

+£600?

 

why not use HCEO's??

[simeon1964]

 Will i be able to use HCEO having instructed a solicitor to represent me? 4k to pay for enforcement is to high. will i have to add his cost to the judgement order as well

[dx100uk]

not sure what your solicitor is going on about

 

if you have a default judgement from a court which is for over £600 then simply phone one of the many HCEO's companies like the sheriffs office and tell them you want to enforce the judgement , they'll do the rest. the fee is <£100 to you.

 

 

[simeon1964]

As the other side going to pay my legal cost, can I add cost to the claim if I am to go through HCEo

[AndyOrch]

Yes..but do it yourself you do not need a Solicitor.

 

Andy

[simeon1964]

If the enforcement is in place what what happens if the judgement is set-aside before judgement executed or the enforcement executed and full payment made and then application to set aside approved by the court.

 

 

This what my lawyer has to say "

I am in the process of drafting a letter to you which will be sent out by close of play tomorrow, with further information regarding enforcement and costs."

 

[AndyOrch]

Set a side application can take anything up to 6 weeks to be processed and then longer until the hearing date...you could enforce the judgment next week if you get your skates on.

Quote

I am in the process of drafting a letter to you which will be sent out by close of play tomorrow, with further information regarding enforcement and costs."

 

That's another £100 on your bill 

[simeon1964]

Please help out of here guys the the 4k enforcement: 

“The application to set-aside has not been made however as at yet, therefore we can try to proceed with enforcement proceedings prior to this if you would like.

This will involve writing to the court and making application ourselves.

There are different ways of enforcing this matter, some examples include asking the court for a third party order, which will allow you to obtain sum owed to judgment debtor that are in the hands of a third party, a writ of control which gives a nominated high court enforcement officer power to take control of and sell a judgment debtors goods to raise funds to satisfy the debt and a charging order in which you will be securing the debt over the debtor’s interest in a property.

The court will determine if the enforcement is accepted.”

[AndyOrch]

Writ of Control seize his goods as already advised " free of charge "  in post #12 

 

Form N323: Apply for a warrant of control to recover money you're owed after a court order - GOV.UK

WWW.GOV.UK

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Ask the court to instruct bailiffs to collect money owed by a debtor and identify the debtor's goods that may be sold. Known as a 'warrant of control'.

 

[dx100uk]

or

 

if thats from your useless solicitor ignore him.

simply contact the sheriffs office yourself!!

cost <£100.

 

Instruct us – The Sheriffs Office

WWW.THESHERIFFSOFFICE.COM

 

 

[FTMDave]

Electricians generally do a good job and we all need them from time to time.  However, none of us would employ an electrician to change a light bulb, we'd do it ourselves.

 

The small claims courts is designed to be informal and to discourage the use of solicitors.

 

What we can't understand is why you are paying a solicitor huge sums to do things you could easily do yourself.

[simeon1964]

HCEO have sent application to court for W/E, whilst it says i should notify them of any application to the court. I only have notice of set-aside from the solicitor not from the court. Should i wait wait for the court to notify? 

 

[AndyOrch]

Wait until the court confirms.

[simeon1964]

The court has not confirm  defendant application but the defendant solicitor had contacted my solicitor who knew nothing about my application for enforcement but I already told him to put hold on my case on hold  until he hears from the court regarding set aside application.

 

He now says he will release himself from my case unless I request The HCE to stop the enforcement because he is being accused of the enforcement. Any help on this

[dx100uk]

not very good english?

 

he can't release himself and no such thing as accused of enforcement.

 

try again.

[simeon1964]

 He says he has been accused of effecting enforcement would release the case back to me unless I write to HCE to stop enforcement by 11om. 

 

My lawyer says that the defence solicitor accused him of the enforcement knowing that the the defence had application to set aside pending in Court and for this reason he will write to the court to stop acting unless I write HCE to stop enforcement by 11a.m today

 

The court has not confirm  defendant application but the defendant solicitor had contacted my solicitor who knew nothing about my application for enforcement,  but I already told him to put hold on my case on hold  until he hears from the court regarding the enforcement. This is because I did not want to pay 4k for him to do the enforcement for me. My solicitor now gives me till 11a.m this morning  to write HCE to stop enforcement other wise he will write the court to stop acting.