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.

 

[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 

 

 

 

 

 

[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.

[simeon1964]

I have default judgement The builder did not reply to counterclaim

[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

[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

[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."

 

[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.”

[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? 

 

[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

[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. 

 

[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

 

[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

[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, 

[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"

 

[simeon1964]

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

 

[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?

[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?

[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

[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

[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

[simeon1964]

Try again.

 

N244 GAG Sep2021.pdf

[simeon1964]

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

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

[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.