Being sued by builder - filed a counterclaim

[dx100uk]

urm..why did i guess correctly...

[simeon1964]

3 hours ago, FTMDave said:

OP = original poster = you.

 

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

Dacted CAG2021.pdfDacted CAG2021.pdfDacted CAG2021.pdf The N224 attached

[FTMDave]

Something's gone wrong with the attachment.  It can't be opened and shows as "unavailable".

[dx100uk]

Please name the file once only!!!!

 

you cant have fullstops in a filename!!!

[simeon1964]

Try again.

 

N244 GAG Sep2021.pdf

[dx100uk]

as you say no court stamp or proof its ever been sent to a court.

and it was 19th sept, the court would have stamped that and then copied and sent it to you or your useless solicitor 

 

you dont need to redact their details only yours.

 

so its states a court, you say you are already calling that court to see if they have received it?

which court you've redacted the name 

2mts is a longtime not to hear anything.

[simeon1964]

 I have not contact the court at all-- Its Manchester

Edited November 23, 2021 by dx100uk
unnecessary previous post quote removed

[dx100uk]

then i suggest you ring manchester county court today, quote the CCJ number and say you've been sent an N244 but its unstamped and maybe a ruse to stop your enforcing the debt., ask if they a copy...bet they know NOTHING about it and you've fallen for the oldest trick in the book.

[FTMDave]

dx is spot on.

 

Have you told the other party you're representing yourself as indicated in post 44?

[simeon1964]

Yes I have written a letter

[simeon1964]

10 minutes ago, simeon1964 said:

Yes I have written a letter

Should I have, done that,?  that I am representing myself to other party solicitor?,  since I didn't get confirmation from the court, of notice of acting stamped nor from  previous lawyer acting for me. Should i just send self representation to the judgement debtor.

[Ethel Street]

It's important you tell the court so they know who to write to.

 

I'm sure your solicitor has already told them formally that he is no longer representing you but the court won't know you are representing yourself unless you tell them - you might have appointed another solicitor for example

[AndyOrch]

Change of representation is covered by CPR 42.2

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42

 

 

.

 

[simeon1964]

On 23/11/2021 at 11:15, Andyorch said:

Change of representation is covered by CPR 42.2

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part42

 

I am the Defendant who got the judgement against the claimant and now seeking enforcement. Should it now be the other way that I am enforcing judgement?

[AndyOrch]

You are now a Part 20 claimant ....with judgment on your counterclaim.

[simeon1964]

15 minutes ago, Andyorch said:

You are now a Part 20 claimant ....with judgment on your counterclaim.

Does that make Form N224 an error liable for return?

[AndyOrch]

No having reread it its correct...the claimant is correct on the application

[simeon1964]

Thanks. I have not heard from the court about the claimant's application to set aside the judgement to date, but i have the claimant solicitor's witness statement passed on to me by my former Solicitor. I will need help on this. Should I wait till I hear from the court or send it to the forum now

[dx100uk]

why are we going around in circles here 

 

anyone can down load an N244 form from the net, fill it out and send it to ANYONE FAKING they are going for a set aside

anyone can write and send a witness statement to anyone FAKING they are going to use it with their FAKE N244.

 

you are being HAD BLIND...

 

get enforcement done!!

it cant hurt to do it.

[FTMDave]

If you've sent the letters I suggested in post 44, then as dx says, simply get on with enforcement.

 

Them saying they might go/are thinking of going/are about to go/in 10 or 15 years' time may get around to going for a set aside is not the same as actually doing it.  There is no set aside application.  Enforce now!  You should have done so in mid-July.

[simeon1964]

Thanks.

 

I have not heard from the court about the claimant's application to set aside the judgement to date, but i have the claimant solicitor's witness statement passed on to me by my former Solicitor. I will need help on this. Should I wait till I hear from the court or send it to the forum now

 

Just now i got this from the bailiff: "Wednesday, 01 December 2021 : Telephone Call - Debtor (Reverse Writ) Rang for update, confirmed matter is now with Agent, we are awaiting his attendance and report."

 

Any help what this mean?

[dx100uk]

Its been assigned to an enforcement agent to attend and enforce  your warrant.= Get your money.

 

Good!!

[simeon1964]

Still have not heard from the court re- set-aside app but got this mail this morning from claimant solicitor.

Dacted Cag 1112.pdf

[dx100uk]

 though ignore them.

[FTMDave]

Are you sure you are getting communications from a proper solicitor and not just from some mate of the bloke you sued?  I mean -

 

You are aware that our client disputes the judgement

 

Well they had a chance to defend their position in court, didn't and lost.

 

An Application was made in September to set aside the Judgement

 

So why hasn't a court hearing been fixed?

 

harassment

 

So following the procedure laid down by law for enforcing a judgement is harassment!  Really?!

 

we will need to make a second application to the court

 

Eh?  Why is the first application insufficient to get a set aside hearing fixed?

 

This seems extremely dodgy behaviour to me.

 

In any case, as dx says, ignore this tripe, enforce and get your money.  Your oaf of a solicitor should have done so in mid-July.