Unaware CCJ, ex employer - exhibition printing cost - need to set aside.

[honeybee13]

Take your time over doing things, you'll be OK.

 

HB

[AndyOrch]

Okay thanks......firstly the n244 is okay to send a copy to the claimant, its a little sparse and could have contained more detail such as you intend to make a Part20 counter claim but it will suffice.

 

The court should have sent the claimant a copy of the application but this does not always happen so send them a copy.

 

Moving forward and having read the details of the claim if you could take time and post details of the exact dispute and why you feel the claim is not justified. I note that you have marked the documents that even after your own adjustment you will still be in debt for £5k rather than the £7k claimed and awarded with interest.

 

Should the set a side be allowed and you submit a defence and counter claim with success you will still be indebted by £5K so you need to prepare on how you intend to clear this to avoid a CCJ. 

[The Skiing Gardener]

I am really sorry Andyorch I think I may have caused some confusion with the figures I posted yesterday

There won’t be a £5,000 debt at the end owing to them.

 

Instead the £5000 debt is owed to me 

£5671.34  & £2719.48 from the post I submitted yesterday  then the invoice of over £4000 amounts to £12,390.82 plus their storage costs of £1610.50 to date to store their goods they wouldn’t collect makes my claim higher than theirs.

The figures I sent yesterday were not clear. I apologise.  

[AndyOrch]

Thanks well given that you have not posted any details of your intended defence or counter claim we are very much in the dark I was simply advising on process. You will have to submit a statement with evidence to support your application to set a side (which should have been attached to your application) if its allowed so you need to start preparing this in advance.

 

We can only assist with the preparation once as previously requested you post the details of the debt and defence and counter claim in detail.

 

Andy

[The Skiing Gardener]

I contacted the Online Civil Money Claims this morning. It will be a further two weeks or more before a Judge looks at my application to set aside.

 

I agree the information I gave in support of that application could have been more substantive and should have included a witness statement and a counter claim. I can add to that but It will go at the back of the queue with over a month to wait for it to be reviewed 

 

I want to know if I borrow money to pay the claim so I don't have a CCJ - ( I am a small business I have an overdraft facility - credit cards - I cant afford to loose.) I want to counter claim but I am so worried about losing my financial standing. 

 

Would it be recommended that I add a witness statement to say I have no alternative having not seen the original claim and have substantial evidence over the claim and a counter claim to add but to pay the judgement as it will severely impact on my business as I need a good credit history to continue trading and earning a living.

 

I feel that the online claim doesn't offer a real point of contact and why didn't I receive the claim through my email ?

I did receive the Judgement by post and email.  

[AndyOrch]

Yes you posted the same yesterday...so when your ready details required in depth if you want assistance with a defence and counterclaim.....cant proceed any further until you tell your story.

[The Skiing Gardener]

Here is some history about the Claim made. 

 

Sorry I didn't attached to the above message.

Company Background History 29.3.23 to CC.docx

[AndyOrch]

Good ...did you attach that to your N244 ?

[The Skiing Gardener]

No but I can. As you can see i am so worried about loosing my business over this.

[AndyOrch]

You cant to the courts which you have already submitted and I wouldn't bother attaching it to the claimants copy as it requires formatting and turning into a compliant defence and counter claim.

 

So your next task is to draft the Part 20 counter claim into a breakdown of figures what you wish to counter claim. 

[The Skiing Gardener]

Sorry I missed your question. Yes, I attached the history and the monies owed. I'm working on a witness statement.

[The Skiing Gardener]

I have schedules completed and Company History On Form Part 20 - Do I need a claim number ? Or do I use their original claim number.

Thank you 

[AndyOrch]

Your Part 20 Counter claim follows on from your defence using the claimant's claim number as reference and formatted as a standard court response statement complete with statement of truth plus exhibits as evidence.

 

I would have a look at some examples here of others statements required to set a side a judgment because from the questions you are asking I assume you have no idea of how it should be drafted ?

 

And

[The Skiing Gardener]

Could you please direct me to the pages where I can view the examples please. I'm sorry I am not finding them. I have completed the information I just don't know how to put them in the correct format to send off to the court. I am completing an addition on my existing N244  already sent on 16.3.22 to expand my reason for not responding to the claim  and now the CPR20 with a witness statement 

Thank you,  I'm lost in the detail. 

[AndyOrch]

Example.....

 

Defence and Part 20 CC.pdf

 

 

Obviously it requires adaption to fit your claim and counter claim and insert the details. Your part 20 should be detailed and quantified to show exactly how you have arrived at the figure.

[The Skiing Gardener]

Thank you for your help. I have cleaned up the spread sheets. Please see Particulars of Claim - I have attached

1. Statement  - refunds  compensation for non - delivery £7668.24

2. Repairs - Delivery costs  £2055.78

3. Storage Costs £1367.94

 

4. I have attached Company History to refresh matter

 

Please advise if this is enough to substantiate a counter claim. I will put information into the CPR Part 20 

 

Thank you

 

docs1.pdf

[AndyOrch]

Confusing.

 

You need to to refer to yourself as the defendant with regards to your defence to their claim. You are the defendant they are the claimant.

With regards to your counter claim you are the Part 20 claimant and they are the Part 20 defendant.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part20/pd_part20

 

 

 

.

[The Skiing Gardener]

Thank you, I was thinking of counter claim - I'll Change now 

[dx100uk]

hows it going?

 

[The Skiing Gardener]

The judge has granted  a court hearing set for April 24 

I made a payment as I cannot afford to have a CCJ. I will need advice on how to proceed