Being sued by builder - filed a counterclaim

[unclebulgaria67]

Have you got proof from Court of set aside pending in the Court and when any hearing is likely to be heard ?

 

What does their set aside application state ?

 

It appears to me that you instructed a Solicitors to act for you and you are now taking your own actions.    Are you still happy with your Solicitors service ?  How much have they charged you in fees to date ?

[simeon1964]

Yes Employed solicitor, because i have not been well for some and not still better and cannot cope with the stress. I only opted to do enforcement by myself for the charge of 4k he wanted for effect enforcement on my behalf. which way to now please. I have till 11 a.m to reply him

 

[honeybee13]

Hi.

 

Did the lawyer explain the fees to you at all? I'm not clear if they cover the whole of your case or just the enforcement part.

 

Do you still need the lawyer or are you happy to part company with him? It sounds as if you didn't tell him you were instructing HCEOs.

 

HB

[simeon1964]

Not happy with him at all. would need another lawyer or litigant friend cant afford it.I was not going to pay 4k for enforcement. Now that defence has application to set aside should stop HCE

[Ethel Street]

The debt advice charity National Debtline says this. If a court accepts a set aside enforcement stops. But just putting in an application does not automatically stop enforcement.

 

 

Stopping enforcement action

If the judgment is set aside then all enforcement action will then stop. Enforcement action will not stop automatically just because you have put in the application. It is important that you ask for any enforcement action to be stopped or ‘stayed’ until your application is heard. You should include this request on the N244 application form when you apply for the judgment to be set aside.

 

 

 

I wonder if the root of the issue with your solicitor  is that you had appointed him to act for you  but then went off and took legal action on your own without telling him? It sounds as if he's saying 'I can deal the case or you can do it yourself, but not both'.

 

Had the builder's solicitors asked enforcement to be stayed until the application is heard?

 

[simeon1964]

This is very good information. Hceo want me to contact them if I am aware of any court application. I have done so only to tell me it might be difficult because  the application although not heard yet.

Where do i go from here, 

[dx100uk]

you were told to dump your solicitor months ago. it does not cost £4k to enforce a judgement through HCEO.

 

HCEO fee is about £60

in september the court said there was no set aside application

they are still saying there is not one to date?

 

someone is leading you up the garden path here.

 

what is this £4k made up of? all your solicitor fees on the whole case from day one?

 

 

[FTMDave]

IMO your solicitor has got a point.  There's no point a solicitor representing a client and pursuing a strategy, then it turns out the client is doing something completely different behind the solicitor's back.

 

Either you break with the solicitor and and deal with the case yourself (with our help) - or you stick with the solicitor.  Your choice.

[simeon1964]

I have early this morning asked the HCE to put Hold on the enforcement on the 11a.m deadline given by solicitor.

 

I later wrote to terminate my solicitor acting for me and wrote back to HCE to reinstate the enforcement.

 

The defence reads:

"Friday, 19 Nov2021 : Email From Other 000000000, received 18/11/21, stating:

 

We act for the above and have been passed the attached Notice of Enforcement.

 

An application was made on 13 September 2021 to set aside the Judgment and to stay enforcement.

We await a hearing date.

 

You are therefore asked to refrain from proceeding with any action against our client while this process is underway.

 

Please confirm receipt and that no further action will be taken as a matter of urgency.

 

Friday, 19 November 2021 :

File on Hold In line with the clients recent instructions, we have placed our file on hold.

 

Friday, 19 November 2021 : Email From Claimant 19/11 -

 

Dear sir, I am now aware through my solicitor that there is an application pending to set aside the judgement.

I am notifying your department to now put a hold on the enforcement action.

 

Friday, 19 November 2021 :

Telephone Call

- Claimant Called to advise the defendant has made an application to stay the writ asked we put the file on hold, has also  emailed today"

 

[dx100uk]

a seta side APPLICATION' does not take +2mts!!

 

get them to send you a copy of the N244 they filed as they should anyway!!

 

dx

 

[FTMDave]

Not to mention that you won your case in mid-June.  Enforcement should have been done in mid-July.  Not faffing around till the end of November!  What on earth has your useless solicitor been doing (or rather not been doing?)

[simeon1964]

I have now reinstated the enforcement yesterday afternoon. What are the implications for my fickleness

 

[dx100uk]

you might get your money.................after months of taking poor advice...

[simeon1964]

Having applied to  reinstated back yesterday I got this response now : " Debtor representative 19.11.21 We have provided you with the court documents and notice of acting. We don't need to furnish you with anything more. If you proceed o enforce this debt we will report your conduct to the court and your regulatory body" 

 

Do I now Withdraw  and write back to put hold on the enforcement agan?

[dx100uk]

what court documents?

 

 

[honeybee13]

Do you have a regulatory body, Simeon?

 

HB

[simeon1964]

This is HCE response from the reinstating the enforcement. didn't receive any court document yet

 

Regulatory body ,-----honeybee13?? Dont understand. I am dealing with case now.

 

 

Help!  Do I now Withdraw  and write back to put hold on the enforcement agan?

[dx100uk]

what court documents do the HCEO want ? a copy of the judgement you got?

what did they ask for?

[FTMDave]

This whole case is a mess due to having the intermediary of the useless solicitor.  You don't know what the other side are doing.  The other side probably don't know who to communicate with.  I would be extremely tempted on Monday morning to -

 

1.  write to your solicitor to say you now wish to represent yourself;

2.  write to the building company, say you are now representing yourself, remind them of the CCJ of 10 June, and tell them they have 24 hours to pay or else you will send the bailiffs in;

3.  write to the building company's solicitors, say you are now representing yourself, remind them of the CCJ of 10 June, and tell them their clients have 24 hours to pay or else you will enforce.

 

However, see what others think, what I've suggested gives the game away re your intentions but it seems set asides and enforcement have been mentioned already anyway.

 

That way you will find out if they have really applied for a set aside or not.  If they haven't, you enforce.

[simeon1964]

1 hour ago, simeon1964 said:

Having applied to  reinstated back yesterday I got this response now : " Debtor representative 19.11.21 We have provided you with the court documents and notice of acting. We don't need to furnish you with anything more. If you proceed o enforce this debt we will report your conduct to the court and your regulatory body" 

 

Do I now Withdraw  and write back to put hold on the enforcement agan?

This I do not understand

[dx100uk]

What court documents have they sent?

you should have received an n244 copy , that is the document that must be sent to the COURT to apply for a set aside. 

 

But please just remember that any tom dick or harry can download it, fill it in and sent you a fake one that appears to ask for a set aside. This happens quite alot as a scam..be aware!!

 

Only one  stamped by a county court and dated by a county court is REAL and that you might have to act upon.

 

Pers i think you are being had here and have been from day one with various tricks to stop you quite legally enforcing a court judgement.

 

Just also remember that a solicitor 'acting' for a defendant means nothing, they have zero legal powers themselves which is why they also must use an n244 or an n245.

[Ethel Street]

13 hours ago, dx100uk said:

you should have received an n244 copy , that is the document that must be sent to the COURT to apply for a set aside. 

 

Just a question dx, as the OP had a "solicitor of record" (sorry, I don't know the proper term) recorded by the court as acting for the OP would the court send the N244 only to OP's solicitor? Or to OP ? Or both of them?

 

It occurred to me that if OP hasn't received  the copy N244 it might be because it was sent only to OP's solicitor.

[FTMDave]

I thought the same Ethel, which is why the OP needs to inform the other party that they are now acting for themselves as suggested in post 44.  

 

That way direct lines of communication are opened.

 

There would only be a delay of 24 hours - not much given enforcement should have taken place in mid-July.

[simeon1964]

Sorry, whats 'OP' I was sent copy of the defendant application N224 by my solicitor, is all in hand to date. Definitely no court stamp on it.

Edited November 21, 2021 by dx100uk
unnecessary previous post quote removed

[FTMDave]

OP = original poster = you.

 

This is important, new information.  Please redact the N244 of your personal details and upload it to the thread.