Complying with CPR 16.5 and CPR 3.4(2) HELP

[pip1pip2]

I need help cpr practice direction 16 defending statement. Have until Friday to comply with CPR 16.5 and CPR 3.4 -2

 

Do not know how to post a thread

[ims21]

Hi

 

I have created a new thread for you.

 

Please tell us all of the details of your case so that the guys can offer the best help.

[havinastella]

Hi and welcome to CAG, I have started a new thread for you and put it in the correct place. Helpful info on starting a new thread is here

 

http://www.consumeractiongroup.co.uk/forum/content.php?114-How-do-I-post-my-story-on-the-Consumer-Action-Group-forum

[pip1pip2]

Thank you for your help.

 

I have received an order from the court informing me I have until Friday the 10th to a statement of case. What is this?

 

A builder is suing me for 3,800 I have letters and emails asking him to complete the work. and repair the damage his poor workmanship has caused.

 

I have submitted a counter claim for the damage and the business I have lost not being able to let the new rooms.

[pip1pip2]

Help

[pip1pip2]

I have not had a reply, please can you advise

[ims21]

You will need to be patient. The legal guys will help you as soon as they are available.

[citizenB]

Can you please let us have a little more detail.

 

You say that you have an order from the court advising that you have until the 10th May to enter a defence.

 

Have you not received other paperwork ?

 

You should have received a claim form from the court at least 3 - 4 weeks ago. Did you not receive this ?

 

The Claim form would have given you details of what to do.

 

If you post the details on this thread, then we can give you some help.

[pip1pip2]

Yes I sent all paperwork back to the court with a counterclaim and paid the fee. Now I have got letter from the court.

 

1 The defence and counterclaim are struck out as disclosing no reasonable grounds for defending the claim and failing to comply with CPR 16.5 and CPR 3.4(2).

2 The defendant must file at court and serve on every party a further statement of case by 4.00pm an the 10 May 2013. This must:

i Set ou a coherent statement of facts, which, if true, amount in law to a defence to the claim.

ii Set out a coherent sent of facts, which,if true disclose a legally recognisable counter claim against the claimant.

3 If the defendant fails to comply with paragraph 2 of this order, the claim stands struck out without any further order of the court and the claimant is entitled to apply for judgement pursuaant to CPR 3.5.

 

I did not realise that needed to send any more paperwork.

 

I have copies of letters and emails sent to the builder and the builders debt collector requesting them to finish the work, no replies just Court summons. Having paid 38,000 the amount unpaid totals £3,800 with costs.

 

Really worried now want to hand into court tomorrow. I would attach all documents but do not know how to do this.

[pip1pip2]

I sent all paperwork back to the court with a counterclaim and paid the fee. Now I have got letter from the court.

 

1 The defence and counterclaim are struck out as disclosing no reasonable grounds for defending the claim and failing to comply with CPR 16.5 and CPR 3.4(2).

2 The defendant must file at court and serve on every party a further statement of case by 4.00pm an the 10 May 2013. This must:

i Set ou a coherent statement of facts, which, if true, amount in law to a defence to the claim.

ii Set out a coherent sent of facts, which,if true disclose a legally recognisable counter claim against the claimant.

3 If the defendant fails to comply with paragraph 2 of this order, the claim stands struck out without any further order of the court and the claimant is entitled to apply for judgement pursuaant to CPR 3.5.

 

I did not realise that needed to send any more paperwork.

 

I have copies of letters and emails sent to the builder and the builders debt collector requesting them to finish the work, no replies just Court summons. Having paid 38,000 the amount unpaid totals £3,800 with costs.

 

Really worried now want to hand into court tomorrow. I would attach all documents but do not know how to do this.

[Desperate Daniella]

Hi pip1pip2, and welcome to CAG!

 

Did you actually write a statement, in line with CPR 16.5, when you sent the papers in? Or did you just fill in the claim form with a short statement and attach the correspondence?

 

DD

[pip1pip2]

I just filled in the claim form

Karen

[pip1pip2]

Hi pip1pip2, and welcome to CAG!

 

Did you actually write a statement, in line with CPR 16.5, when you sent the papers in? Or did you just fill in the claim form with a short statement and attach the correspondence?

 

DD

Just filled in the form and sent. Did not know i had to send anything else.

Karen

[Desperate Daniella]

You need to send in a proper statement, replying to their claim, point by point, and then putting your own counterclaim.

 

It should be in double spacing.

 

 

 

IN THE XXX COUNTY COURT CLAIM NO.

 

 

 

 

AWFUL BUILDER Claimant

 

and

 

KAREN Defendant

 

 

 

DEFENCE AND COUNTERCLAIM

 

 

DEFENCE

 

Then answer his points in order for Defence giving dates for everything.

 

1.

 

 

Then start the counterclaim, again with a centered heading in capital letters.

 

List everything you are claiming with exact figures.

 

When you have finished all your points end it with

 

 

AND THE DEFENDANT COUNTERCLAIMS:

 

1) Restitution of the sum of £

 

2) Interest thereon;

 

3) Further or other relief

 

4) Costs

 

 

 

Statement of Truth

 

 

 

I believe that the facts stated in this Defence and Counterclaim are true.

 

 

 

Signed

 

 

Name:

 

 

Dated:

Edited May 7, 2013 by Desperate Daniella

[Desperate Daniella]

Sorry, some of the spacing is weird,

 

Your name should be centered under his of course.

[Desperate Daniella]

Claim Number should be over to the right.

[Desperate Daniella]

When you start the Counterclaim, continue with the paragraph numbers from the Defence, don't start at 1. again.

[Desperate Daniella]

I'm not certain if this should be headed 'Amended Defence', because you've already sent in your Defence. I'll try and get a second opinion on that. In the meantime start writing it up.

[pip1pip2]

Thank you

 

Particulars of Claim by Claimant from court

 

1 The Claimants claim is for the principal sum of £3,873.95. The amount payable by the Defendant to the Claimant as at the 28 November 2012 in respect of outstanding invoices for services and/or goods supplied by the Claimant to the Defendant's request.

 

2 And the Claimant claims:

i The sum of £3,873.95.

ii Interest of £277.86

iii Interest from 29 November 2012 at £0.90 per day

iv Compensation arising for late payment of £70.00

 

3 Further and/or alternatively the DEfendant is in breach of contract by his failure to pay the Claimant as a consequence of which the Claimant has suffered loss and damage in the sum of £3,873.95.

 

Do I have to reply to all these and how.

 

I asked the builder to complete the house extention requesting internal walls were built of solid block and was told this would be very expensive. But cost was not the issue I plan the let the rooms as B&B.. I signed the quote and work started 2 months later. The quote £28,056.00. They built stud walls, you can hear the bath running and TV so rooms are not suitable for B&B.

 

The builders reply to our counter claim is we requested a new cheaper quote of stud walls £28,056.00. The builder says I have never requested work to be finished but have emails from his debt collector.

 

Karen

 

 

 

 

 

You need to send in a proper statement, replying to their claim, point by point, and then putting your own counterclaim.

 

It should be in double spacing.

 

 

 

IN THE XXX COUNTY COURT CLAIM NO.

 

 

 

 

AWFUL BUILDER Claimant

 

and

 

KAREN Defendant

 

 

 

DEFENCE AND COUNTERCLAIM

 

 

DEFENCE

 

Then answer his points in order for Defence giving dates for everything.

 

1.

 

 

Then start the counterclaim, again with a centered heading in capital letters.

 

List everything you are claiming with exact figures.

 

When you have finished all your points end it with

 

 

AND THE DEFENDANT COUNTERCLAIMS:

 

1) Restitution of the sum of £

 

2) Interest thereon;

 

3) Further or other relief

 

4) Costs

 

 

 

Statement of Truth

 

 

 

I believe that the facts stated in this Amended Defence and Counterclaim are true.

 

 

 

Signed

 

 

Name:

 

 

Dated:

 

 

[Desperate Daniella]

Does the quote you signed say the walls must be solid? Has he ever given you a second quote for stud partitioning? Did you keep a copy of the quote you actually signed?

 

You are going to need to set out all the invoices and all the amounts paid to him very clearly and refer to it in your witness statement as Exhibit A.

 

This was definitely a quote, rather than an estimate? You have paid him £38,000 and he wants almost another £4,000 and that is way over the original quote. Why? Were there extra works you requested as the job progressed? If so, have you got quotes in writing for those?

[DonkeyB]

What was your defence? What was your counterclaim? You MUST provide detail if you want detailed assistance.

[pip1pip2]

Yes the quote we signed says walls must be solid and I have the copy of the oringinal quote. Never had a second quote first saw and heard of this from court his defence of counter claim. They have changed the second page in the quote, this page is not signed or dated.

 

Yes we have invoices for extra he said we needed and we up-graded some doors.

 

What do I say to builders Particulars of Claim?

1 ???

2 i ???

ii ???

iii ???

iv ???

3 ???

 

 

Does the quote you signed say the walls must be solid? Has he ever given you a second quote for stud partitioning? Did you keep a copy of the quote you actually signed?

 

You are going to need to set out all the invoices and all the amounts paid to him very clearly and refer to it in your witness statement as Exhibit A.

 

This was definitely a quote, rather than an estimate? You have paid him £38,000 and he wants almost another £4,000 and that is way over the original quote. Why? Were there extra works you requested as the job progressed? If so, have you got quotes in writing for those?

[DonkeyB]

You have to deal with each element and state why you deny it, and then provide evidence for each section.

 

For your counterclaim, you need to state why your claim is valid, and it would be best to provide evidence for this also.

[Desperate Daniella]

At what stage did you notice he was using stud partitioning? Am I right in saying he has refused to replace it?

[pip1pip2]

What was your defence? What was your counterclaim? You MUST provide detail if you want detailed assistance.

 

DEFENCE

1 Work not completed as per quote

2 Not responded or offered to finish list of works

3 Will not rectify damage caused by poor workmanship.

 

COUNTERCLAIM

 

1 £2,800 cost of completing work as per quote

2 £900 cost to complete list of works

3 £400 cost to rectify damage caused by poor workmanship

4 £5,040 loss of income to date from letting rooms

 

This is what I put on the form and sent to court.