Complying with CPR 16.5 and CPR 3.4(2) HELP

[pip1pip2]

Did they serve on you a copy of their application to strike out your claim?

No

[DonkeyB]

Bit irregular.

 

The applicant should file and serve the application and evidence in support (three clear days before, if there’s a hearing).

 

The respondent should file and serve their evidence in response to the application in accordance with any court directions or as soon as possible before the hearing.

 

So you were not served? Only the filing was done to the court?

 

You must phone the court and ask for a copy of their application – state you were not served, and ask if the N244 claimed you had been served.

 

This is important when it comes to costs.

[pip1pip2]

Bit irregular.

 

The applicant should file and serve the application and evidence in support (three clear days before, if there’s a hearing).

 

The respondent should file and serve their evidence in response to the application in accordance with any court directions or as soon as possible before the hearing.

 

So you were not served? Only the filing was done to the court?

 

You must phone the court and ask for a copy of their application – state you were not served, and ask if the N244 claimed you had been served.

 

This is important when it comes to costs.

 

Going to court tomorrow to file this will ask them.

[pip1pip2]

But that does not tell a story. If I were a judge (heaven forbid, you’d all be toast...) I wouldn’t have a clue what was going on.

 

You have to spell it out, from the start.

 

Is this better? What I have done so far

 

Introduction

 

 

In January 2011 I requested the Claimant to visit my property to quote for work to complete my extention. I requested the internal walls solid and agreed to being built of blockwork The Claimant told me this would cost a lot more, but cost was not an issue. I wanted good sound-proofing as the three new rooms were to be let to B&B customers.The quote was for £28,056.00 which we signed and work started in September 2011.

In July 2012 the Claimant telephoned requesting a final payment of £3,873.95. The Defendant sent a letter dated the 5th July 2012, referred to Document 2, a list of work still awaiting completion.

On the 17th July 2012 Vicki Moffat of David Allen Debt Recovery Specialist telephoned to request payment. The Claimant did not have my letter and the Defendant sent the letter attached to an email to vicki.moffat@davidallen-recoverysolutions.co.uk .

 

 

 

DEFENCE

 

1. The £3,873.95 the balance of works totalling £28,056.00 is not owed because the work was not completed in accordance with the quote signed on 7th September 2011., referred to as Document 1, which stated that all internal walls will be blockwork.

2. I sent a letter dated 5th July 2012 requesting work to be completed, referred to as Document 2

3. I also sent Document 2 attached in an email to David Allen Debt Recovery Specialist instructured by the Claimant

4. On the 8th November 2012 sent an email to David Allen Debt Recovery Specialist, referred to as Document 3, replying to their letter,referred to as Document 4

 

 

 

 

COUNTERCLAIM

 

 

 

 

1. Cost of £2,800.00 to remedy for not installing solid walls, which was queried with the Claimant who assured us that the stud partition walls would provide equally effective soundproofing to solid walls, referred to as Document 1

2. Cost of £900.00 to complete the list of works, referred to as Document 2

3. Cost of £400.00 to rectify damage caused by flood due to improper fitting of the toilet which damaged the stud walling and laminate flooring.

4. Loss of £5,040.00 in bookings for letting rooms to B&B costumers.

[DonkeyB]

Is this better? What I have done so far

 

Introduction

 

 

In January 2011 I requested the Claimant to visit my property to quote for work to complete my extention. I requested the internal walls solid and agreed to being built of blockwork The Claimant told me this would cost a lot more, but cost was not an issue. I wanted good sound-proofing as the three new rooms were to be let to B&B customers.The quote was for £28,056.00 which we signed and work started in September 2011. OK – state that there was a signed contract. Present this signed contract as evidence.

In July 2012 the Claimant telephoned requesting a final payment of £3,873.95. The Defendant sent a letter dated the 5th July 2012, referred to Document 2, a list of work still awaiting completion. State WHY you responded. Detail is everything!

On the 17th July 2012 Vicki Moffat of David Allen Debt Recovery Specialist telephoned to request payment. The Claimant did not have my letter and the Defendant sent the letter attached to an email to vicki.moffat@davidallen-recoverysolutions.co.uk Say why this is relevant – state what the importance of the letter was .

 

 

 

DEFENCE

 

1. The £3,873.95 the balance of works totalling £28,056.00 is not owed because the work was not completed in accordance with the quote signed on 7th September 2011., referred to as Document 1, which stated that all internal walls will be blockwork.

2. I sent a letter dated 5th July 2012 requesting work to be completed, referred to as Document 2

3. I also sent Document 2 attached in an email to David Allen Debt Recovery Specialist instructured by the Claimant

4. On the 8th November 2012 sent an email to David Allen Debt Recovery Specialist, referred to as Document 3, replying to their letter,referred to as Document 4

 

But you have not said in enough detail WHY you do not owe the money! SPELL IT OUT!

 

 

COUNTERCLAIM

 

 

 

 

1. Cost of £2,800.00 to remedy for not installing solid walls, which was queried with the Claimant who assured us that the stud partition walls would provide equally effective soundproofing to solid walls, referred to as Document 1 Again, you must provide evidence of liability and proof of cost

2. Cost of £900.00 to complete the list of works, referred to as Document 2

3. Cost of £400.00 to rectify damage caused by flood due to improper fitting of the toilet which damaged the stud walling and laminate flooring.

4. Loss of £5,040.00 in bookings for letting rooms to B&B costumers.

 

See above.

[pip1pip2]

Thanks will add the extra.

[Desperate Daniella]

You must have actual quotes for your counterclaim. Don't rush to put this in; you have until Friday.

 

And you must point out in your defence that the claimant has provided to the Court a different quote to the one which you agreed and signed. This is very important. Attach both to your defence, clearly marked.

 

I am running in and out at the moment, but you are in exceptionally good hands with DonkeyB, so follow all his advice.

 

DD

[Desperate Daniella]

By spelling it out Donkey means that you must say that you instructed the builder to put in solid walls because you were concerned about noise and privacy for your guests in the B&B. The builder did not follow your instructions and instead installed stud partition walls. When you queried this he assured you they would be fine, or whatever he said exactly. This is not the case and therefore it is going to cost you £xxx to have work done for soundproofing, and £xxx for repair to the damage he did and you must be quite specific about the damage.

[pip1pip2]

Taking a break for tea and to feed horses. How is this looking.

 

In January 2011 I requested the Claimant to visit my property to quote for work to complete my extention. I requested the internal walls solid and agreed to being built of blockwork The Claimant told me this would cost a lot more, but cost was not an issue. I wanted good sound-proofing as the three new rooms were to be let to B&B customers.The quote was for £28,056.00 which we signed and work started in September 2011. I refer to Document 1 as evidence of the signed contract stating “Point number 6 We have included for internal blockwork walls, for dividing wall and to form new en-suite layouts”.

In July 2012 the Claimant telephoned requesting a final payment of £3,873.95. The Defendant told the Claimant that work was still waiting completion and would send a letter of works still to be done. The Defendant sent a letter dated the 5th July 2012, referred to Document 2, a list of work still awaiting completion.

On the 17th July 2012 Vicki Moffat of David Allen Debt Recovery Specialist telephoned to request payment. The Claimant did not have my letter and the Defendant sent the letter attached to an email to vicki.moffat@davidallen-recoverysolutions.co.uk .

On the 24th October 2012 Vicki Moffat of David Allen Debt Recovery Specialist wrote saying the Claimant changed the quote at our request due to the cost of internal blockwork walls on the original quote, referred to as Document 3.

The Defendant replied by email,referred to as Document 4, we never requested any changes to the quote due to the cost of the internal walls in blockwork being too much. Both quotes are for exactly the same £28,056.00 surely the second quote would show a reduction.

The Claimant refused to talk to the Defendant. The Claimant refuses to complete the work.

 

 

 

DEFENCE

 

1. The £3,873.95 the balance of works totalling £28,056.00 is not owed because the work was not completed in accordance with the quote signed on 7th September 2011., referred to as Document 1, which stated that all internal walls will be blockwork.

2. I sent a letter dated 5th July 2012 requesting work to be completed, referred to as Document 2

3. I also sent Document 2 attached in an email to David Allen Debt Recovery Specialist instructured by the Claimant

4. On the 8th November 2012 sent an email to David Allen Debt Recovery Specialist, referred to as Document 4, replying to their letter,referred to as Document 3

5. The claimant has provided to the Court a different quote to the one which the Defendant agreed and signed. The Defendant has never seen this quote, referred to as Document 2.

 

 

 

 

 

COUNTERCLAIM

 

 

 

 

1. The Defendant instructed the builder to put in solid walls because they were concerned about noise and privacy for your guests in the B&B. The builder did not follow these instructions and instead installed stud partition walls. When the Defendant queried this he assured them that the stud partition walls would provide equally effective soundproofing to solid walls. This is not the case and therefore it is going to cost £2,800.00 to have work done for soundproofing.

Cost of £2,800.00 to remedy for not installing solid walls, which was queried with the Claimant who assured us that the stud partition walls would provide equally effective soundproofing to solid walls, referred to as Document 1

2. Cost of £900.00 to complete the list of works, I have written quotes to complete the work, referred to Document 7.

3. Cost of £400.00 to rectify damage caused by flood due to improper fitting of the toilet which damaged the stud walling and laminate flooring. The wall has to be replastered, new laminate flooring to be laid.

4. Loss of £5,040.00 in bookings for letting rooms to B&B costumers.

[DonkeyB]

It still is rather unclear.

 

You need to clarify the timeline better.

 

What has a debt recovery company got to do with it? Explain in depth. You only get one hit at this. Give all the details! Your defence can be as long as you like, providing you aren’t doing it online.

 

As an exercise for yourself, write out a timeline of EVERYTHING that happened, and when. Include every event.

 

Then summarise the key points and alongside those points, put down WHY it’s important and HOW it affects the claim.

 

So, for example, you need to explain why the DCA is involved, and what this letter is that you also sent them – and include a copy, explaining what was in the letter. Explain clearly that the claimant obviously denied receiving it, but by sending it to the claimant’s DCA, there can be no doubt that there was a dispute over the payment and the work done.

 

You’re writing this as if the person reading it knows something about it. The judge expects YOU to do the work (which is not as people expect, to be fair) – if you don’t include all your evidence now, you will struggle to admit it later. I’m still not clear from what you have written exactly what the defence and counterclaim is totally about. Think Janet & John!

 

Do you have your original contract? Can you post it up after removing references to specific companies and individuals?

 

While the claimant has abused process by making an application to strike, without serving same on you – and you MUST allude to this in your defence, as it prejudices you – it is clear the judge is giving you a second bite of the cherry because he or she sees SOME value in your situation. Take the olive branch!

[Desperate Daniella]

In post 10 you say you paid him £38,000 to date. How does this tie in with the other figures?

 

As Donkey says, you'll get one shot at this so everything has to be absolutely clear.

 

You know, and I can see, that the builder has quoted for solid walls and then installed stud partitioning which is much cheaper for him, and then insisted to you that it would be equally effective as far as noise is concerned. In other words, he's tried to pull a fast one. The judge will see that, but you have to be very accurate in what you write and explain it all.

 

You are getting there!

[The Mould]

Taking a break for tea and to feed horses. How is this looking.

 

In January 2011 I requested the Claimant to visit my property to quote for work to complete my extention. I requested the internal walls solid and agreed to being built of blockwork The Claimant told me this would cost a lot more, but cost was not an issue. I wanted good sound-proofing as the three new rooms were to be let to B&B customers.The quote was for £28,056.00 which we signed and work started in September 2011. I refer to Document 1 as evidence of the signed contract stating “Point number 6 We have included for internal blockwork walls, for dividing wall and to form new en-suite layouts”.

In July 2012 the Claimant telephoned requesting a final payment of £3,873.95. The Defendant told the Claimant that work was still waiting completion and would send a letter of works still to be done. The Defendant sent a letter dated the 5th July 2012, referred to Document 2, a list of work still awaiting completion.

On the 17th July 2012 Vicki Moffat of David Allen Debt Recovery Specialist telephoned to request payment. The Claimant did not have my letter and the Defendant sent the letter attached to an email to vicki.moffat@davidallen-recoverysolutions.co.uk .

On the 24th October 2012 Vicki Moffat of David Allen Debt Recovery Specialist wrote saying the Claimant changed the quote at our request due to the cost of internal blockwork walls on the original quote, referred to as Document 3.

The Defendant replied by email,referred to as Document 4, we never requested any changes to the quote due to the cost of the internal walls in blockwork being too much. Both quotes are for exactly the same £28,056.00 surely the second quote would show a reduction.

The Claimant refused to talk to the Defendant. The Claimant refuses to complete the work.

 

 

 

DEFENCE

 

1. The £3,873.95 the balance of works totalling £28,056.00 is not owed because the work was not completed in accordance with the quote signed on 7th September 2011., referred to as Document 1, which stated that all internal walls will be blockwork.

2. I sent a letter dated 5th July 2012 requesting work to be completed, referred to as Document 2

3. I also sent Document 2 attached in an email to David Allen Debt Recovery Specialist instructured by the Claimant

4. On the 8th November 2012 sent an email to David Allen Debt Recovery Specialist, referred to as Document 4, replying to their letter,referred to as Document 3

5. The claimant has provided to the Court a different quote to the one which the Defendant agreed and signed. The Defendant has never seen this quote, referred to as Document 2.

 

 

 

 

 

COUNTERCLAIM

 

 

 

 

1. The Defendant instructed the builder to put in solid walls because they were concerned about noise and privacy for your guests in the B&B. The builder did not follow these instructions and instead installed stud partition walls. When the Defendant queried this he assured them that the stud partition walls would provide equally effective soundproofing to solid walls. This is not the case and therefore it is going to cost £2,800.00 to have work done for soundproofing.

Cost of £2,800.00 to remedy for not installing solid walls, which was queried with the Claimant who assured us that the stud partition walls would provide equally effective soundproofing to solid walls, referred to as Document 1

2. Cost of £900.00 to complete the list of works, I have written quotes to complete the work, referred to Document 7.

3. Cost of £400.00 to rectify damage caused by flood due to improper fitting of the toilet which damaged the stud walling and laminate flooring. The wall has to be replastered, new laminate flooring to be laid.

4. Loss of £5,040.00 in bookings for letting rooms to B&B costumers.

 

1. In this Defence & Counterclaim

(1) References to numbered paragraphs are toparagraphs of the Particulars of Claim unless otherwise stated;

(2) Where an allegation or matter is not admitted itis outside the knowledge of the Defendant and the Claimant is required to provethe same;

(3) “the Claimant” shall mean (state the Claimants’full name or his Company’s name if a Ltd Co.)

(4) “the Defendant” shall mean (state your fullname)

(5) “the contract” shall mean the contract enteredinto between the Claimant and the Defendant on the (state the full date of theagreement).

2. In relation to paragraph 1, it is denied. The Claimant is in fundamental breach of thecontract, as a consequence of such, the Defendant has suffered financial lossthat is greater than the sum claimed. Under a material condition of thecontract, the Claimant was to build internal walls made of thermalite orconcrete blocks to an extension at the Defendant’s property for soundproofingpurposes, the Claimant has in fact built the internal walls out of timber,which has caused the Defendant a loss of £2,800.00 in having the defectiveinternal walls made soundproof. At theTrial, the Defendant will refer to the full terms and effect of the contract.

3. In relation to paragraph 2, for reasons set outabove and hereafter, it is denied that the sum claimed is lawfully due andowing as alleged or at all. The Claimantis the contract breaker in this matter and he remains in fundamental breachthereof which has caused a loss to the Defendant that is greater than the sumclaimed by the Claimant.

4. In relation to paragraph 3, it is denied thatthe sum claimed is owing and further denied that the Claimant has suffered anyloss as alleged or at all; the Claimant remains in material breach of hisobligations under the contract as no agreement for internal timber walls wasever agreed to in substitution of the agreed internal block work walls underthe contract.

The above is offered as an example to help you to prepare aproper Defence against this claim.

I hope the foregoing will help you somewhat.

Kind regards

The Mould

[Desperate Daniella]

I think pip1pip2 has had enough for today, but I'm sure she'll be very pleased to read this in the morning!

[DonkeyB]

Thank you The Mould, as ever.

[pip1pip2]

Calling it a day now will continue tomorrow. Is this looking better?

 

In January 2011 I requested the Claimant to visit my property to quote for work to complete my extention. I requested the internal walls be solid and agreed to being built of blockwork. The Claimant told me this would cost a lot more, but cost was not an issue. The Defendants wanted good sound-proofing as the three new rooms were to be let to B&B customers. I refer to Document 1 as evidence of the signed contract stating “Point number 6 We have included for internal blockwork walls, for dividing wall and to form new en-suite layouts”.

The Defendants received the quote on 17th June 2011 for £28,056.00 which they signed. I refer to Document 1 as evidence of the signed contract.

The Defendants signed the contract on the 28th June 2011 and sent a copy to the Claimant.

On the 10th July 2011 the Claimant telephoned the Defendant confirming receipt of the signed contract and arranged for the work to start on the 7th September 2011.

On the 7th September 2011 the Claimant explained he had lost his copy of the signed contract and asked the Defendants to sign another exact copy, no changes had been made and it was an exact copy of the original one. The Claimant only had one copy for the Defendants to sign, the Defendants still had their copy of the signed original contract. Both contracts were exactly the same.

Work started on 7th September 2011. The Defendant noticed the Claimant was building stud walls and queried this with the Claimant, who assured the Defendants that the stud partition walls would provide equally effective soundproofing as solid walls. The Defendants showed the quote drawing attention to “Point number 6 We have included for internal blockwork walls, for dividing walls and to form new en-suite layouts”. The Defendants expressed their concerns and the Claimant said it would not be a problem. The Claimant made no reference to the Defendant agreeing to stud partition walls.

On the 1st July 2012 the Claimant telephoned requesting a final payment of £3,873.95. The Defendant told the Claimant that work was still waiting completion and would send a letter of works still to be done. The Defendant sent a letter dated the 5th July 2012, referred to Document 2, a list of work still awaiting completion.

On the 17th July 2012 Vicki Moffat of David Allen Debt Recovery Specialist telephoned informing the Defendant the Claimant had instructed them to request payment. The Claimant did not have the defendants letter and the Defendant sent the letter attached to an email to vicki.moffat@davidallen-recoverysolutions.co.uk .

On the 24th September 2012 the Defendants received a letter from Vicki Moffat of David Allen Debt Recovery Specialist attached was a copy of the contract the defendants had signed on the 7th September 2011. The defendants claim the second page of this document has been replaced. The Defendants never agreed to the contract being changed

On the 24th October 2012 Vicki Moffat of David Allen Debt Recovery Specialist wrote saying the Claimant changed the quote at the request of the Defendants due to the cost of internal blockwork walls on the original quote, referred to as Document 3. The Claimant said all work was complete and wanted payment or they would be issuing proceedings.

The Defendant replied by email,referred to as Document 4, the Defendant never requested any changes to the quote due to the cost of the internal walls in blockwork being too much. If the defendants had requested a change to stud partition walling the second quote would be less as suggested by the Claimant the Defendant wanted a cheaper quote. Both quotes are for exactly the same amount £28,056.00, surely the second quote would show a reduction if this was the case.

The Claimant refused to talk to the Defendant. The Claimant refuses to complete the work.

Then on the 25th January 2012 the Defendant received papers from Court that the Claimant had issued proceedings stating there has been no correspondence or response or request to complete the work from the defendants. We have submitted evidence to the contrary from an independent source as in emails from the debt collector the claimant instructed, Vicky Moffat.

 

 

 

DEFENCE

 

1. The £3,873.95 the balance of works totalling £28,056.00 is not owed because the work was not completed in accordance with the quote signed on 28th June 2011., referred to as Document 1, which stated that all internal walls will be blockwork.

2. I sent a letter with a list dated 5th July 2012 requesting work to be completed, referred to as Document 2

3. I also sent Document 2 attached in an email to David Allen Debt Recovery Specialist instructured by the Claimant

4. On the 8th November 2012 sent an email to David Allen Debt Recovery Specialist, referred to as Document 4, replying to their letter,referred to as Document 3

5. The claimant has provided to the Court a different quote to the one which the Defendants agreed and signed. The Defendant has never seen this quote, referred to as Document 2.

 

 

 

 

 

COUNTERCLAIM

 

 

 

 

1. The Defendant instructed the builder to put in solid walls because they were concerned about noise and privacy for our guests in the B&B. The builder did not follow these instructions and instead installed stud partition walls. When the Defendant queried this the Claimant assured the Defendants that the stud partition walls would provide equally effective soundproofing as solid walls. This is not the case and therefore it is going to cost £2,800.00 to have work done for soundproofing.

Cost of £2,800.00 to remedy for not installing solid walls, which was queried with the Claimant who assured us that the stud partition walls would provide equally effective soundproofing to solid walls, referred to as Document 1

2. Cost of £900.00 to complete the list of works, I have written quotes to complete the work, referred to Document 7.

3. Cost of £400.00 to rectify damage caused by flood due to improper fitting of the toilet which damaged the stud walling and laminate flooring. The wall has to be replastered, new laminate flooring to be laid.

4. Loss of £5,040.00 in bookings for letting rooms to B&B customers.

[pip1pip2]

Thank you I have just seen your comment. I had to go feed the horses and finish my write up,please see below. Where would I put your text and should I delete some of mine

 

In January 2011 I requested the Claimant to visit my property to quote for work to complete my extention. I requested the internal walls be solid and agreed to being built of blockwork. The Claimant told me this would cost a lot more, but cost was not an issue. The Defendants wanted good sound-proofing as the three new rooms were to be let to B&B customers. I refer to Document 1 as evidence of the signed contract stating “Point number 6 We have included for internal blockwork walls, for dividing wall and to form new en-suite layouts”.

 

The Defendants received the quote on 17th June 2011 for £28,056.00 which they signed. I refer to Document 1 as evidence of the signed contract.

The Defendants signed the contract on the 28th June 2011 and sent a copy to the Claimant.

 

On the 10th July 2011 the Claimant telephoned the Defendant confirming receipt of the signed contract and arranged for the work to start on the 7th September 2011.

 

On the 7th September 2011 the Claimant explained he had lost his copy of the signed contract and asked the Defendants to sign another exact copy, no changes had been made and it was an exact copy of the original one. The Claimant only had one copy for the Defendants to sign, the Defendants still had their copy of the signed original contract. Both contracts were exactly the same.

 

Work started on 7th September 2011. The Defendant noticed the Claimant was building stud walls and queried this with the Claimant, who assured the Defendants that the stud partition walls would provide equally effective soundproofing as solid walls. The Defendants showed the quote drawing attention to “Point number 6 We have included for internal blockwork walls, for dividing walls and to form new en-suite layouts”. The Defendants expressed their concerns and the Claimant said it would not be a problem. The Claimant made no reference to the Defendant agreeing to stud partition walls.

 

On the 1st July 2012 the Claimant telephoned requesting a final payment of £3,873.95. The Defendant told the Claimant that work was still waiting completion and would send a letter of works still to be done. The Defendant sent a letter dated the 5th July 2012, referred to Document 2, a list of work still awaiting completion.

 

On the 17th July 2012 Vicki Moffat of David Allen Debt Recovery Specialist telephoned informing the Defendant the Claimant had instructed them to request payment. The Claimant did not have the defendants letter and the Defendant sent the letter attached to an email to vicki.moffat@davidallen-recoverysolutions.co.uk .

 

On the 24th September 2012 the Defendants received a letter from Vicki Moffat of David Allen Debt Recovery Specialist attached was a copy of the contract the defendants had signed on the 7th September 2011. The defendants claim the second page of this document has been replaced. The Defendants never agreed to the contract being changed

 

On the 24th October 2012 Vicki Moffat of David Allen Debt Recovery Specialist wrote saying the Claimant changed the quote at the request of the Defendants due to the cost of internal blockwork walls on the original quote, referred to as Document 3. The Claimant said all work was complete and wanted payment or they would be issuing proceedings.

 

The Defendant replied by email,referred to as Document 4, the Defendant never requested any changes to the quote due to the cost of the internal walls in blockwork being too much. If the defendants had requested a change to stud partition walling the second quote would be less as suggested by the Claimant the Defendant wanted a cheaper quote. Both quotes are for exactly the same amount £28,056.00, surely the second quote would show a reduction if this was the case.

The Claimant refused to talk to the Defendant. The Claimant refuses to complete the work.

 

Then on the 25th January 2012 the Defendant received papers from Court that the Claimant had issued proceedings stating there has been no correspondence or response or request to complete the work from the defendants. We have submitted evidence to the contrary from an independent source as in emails from the debt collector the claimant instructed, Vicky Moffat.

 

 

 

DEFENCE

 

1. The £3,873.95 the balance of works totalling £28,056.00 is not owed because the work was not completed in accordance with the quote signed on 28th June 2011., referred to as Document 1, which stated that all internal walls will be blockwork.

 

2. I sent a letter with a list dated 5th July 2012 requesting work to be completed, referred to as Document 2

 

3. I also sent Document 2 attached in an email to David Allen Debt Recovery Specialist instructured by the Claimant

 

4. On the 8th November 2012 sent an email to David Allen Debt Recovery Specialist, referred to as Document 4, replying to their letter,referred to as Document 3

 

5. The claimant has provided to the Court a different quote to the one which the Defendants agreed and signed. The Defendant has never seen this quote, referred to as Document 2.

 

 

 

 

 

COUNTERCLAIM

 

 

 

 

1. The Defendant instructed the builder to put in solid walls because they were concerned about noise and privacy for our guests in the B&B. The builder did not follow these instructions and instead installed stud partition walls. When the Defendant queried this the Claimant assured the Defendants that the stud partition walls would provide equally effective soundproofing as solid walls. This is not the case and therefore it is going to cost £2,800.00 to have work done for soundproofing.

Cost of £2,800.00 to remedy for not installing solid walls, which was queried with the Claimant who assured us that the stud partition walls would provide equally effective soundproofing to solid walls, referred to as Document 1

 

2. Cost of £900.00 to complete the list of works, I have written quotes to complete the work, referred to Document 7.

 

3. Cost of £400.00 to rectify damage caused by flood due to improper fitting of the toilet which damaged the stud walling and laminate flooring. The wall has to be replastered, new laminate flooring to be laid.

 

4. Loss of £5,040.00 in bookings for letting rooms to B&B customers.

 

 

1. In this Defence & Counterclaim

 

 

 

(1) References to numbered paragraphs are toparagraphs of the Particulars of Claim unless otherwise stated;

 

 

 

(2) Where an allegation or matter is not admitted itis outside the knowledge of the Defendant and the Claimant is required to provethe same;

 

 

 

(3) “the Claimant” shall mean (state the Claimants’full name or his Company’s name if a Ltd Co.)

 

 

 

(4) “the Defendant” shall mean (state your fullname)

 

 

 

(5) “the contract” shall mean the contract enteredinto between the Claimant and the Defendant on the (state the full date of theagreement).

 

 

 

 

 

2. In relation to paragraph 1, it is denied. The Claimant is in fundamental breach of thecontract, as a consequence of such, the Defendant has suffered financial lossthat is greater than the sum claimed. Under a material condition of thecontract, the Claimant was to build internal walls made of thermalite orconcrete blocks to an extension at the Defendant’s property for soundproofingpurposes, the Claimant has in fact built the internal walls out of timber,which has caused the Defendant a loss of £2,800.00 in having the defectiveinternal walls made soundproof. At theTrial, the Defendant will refer to the full terms and effect of the contract.

 

 

 

3. In relation to paragraph 2, for reasons set outabove and hereafter, it is denied that the sum claimed is lawfully due andowing as alleged or at all. The Claimantis the contract breaker in this matter and he remains in fundamental breachthereof which has caused a loss to the Defendant that is greater than the sumclaimed by the Claimant.

 

 

 

 

 

4. In relation to paragraph 3, it is denied thatthe sum claimed is owing and further denied that the Claimant has suffered anyloss as alleged or at all; the Claimant remains in material breach of hisobligations under the contract as no agreement for internal timber walls wasever agreed to in substitution of the agreed internal block work walls underthe contract.

 

 

 

The above is offered as an example to help you to prepare aproper Defence against this claim.

 

 

 

I hope the foregoing will help you somewhat.

 

 

 

Kind regards

 

The Mould

Edited May 8, 2013 by citizenB
formatting

[pip1pip2]

I think pip1pip2 has had enough for today, but I'm sure she'll be very pleased to read this in the morning!

 

Had to feed horses x

[The Mould]

Good morning gang and thank you to Donkey

 

Pip my dear fellow, I would advise you to place the 4 paragraphs that I drafted for you (above) at the forefront of your Defence to this claim then all other material posted here by you (again, above) below that.

 

I hope that will help you. By the way, you do not need to file and serve any evidence at the present, simply refer to your evidence in your Defence, which you will be required to disclose (serve) on the Claimant if he should make a request for such pursuant to CPR Pt 31.

 

Kind regards

 

The Mould

[Desperate Daniella]

That is looking good now.

 

In some places you refer to 'I' and in other places 'the Defendant' or 'Defendants'. It's probably best to refer to 'the Defendant' the whole way through in line with the first four paragraphs The Mould has drafted for you.

[pip1pip2]

Good morning gang and thank you to Donkey

 

Pip my dear fellow, I would advise you to place the 4 paragraphs that I drafted for you (above) at the forefront of your Defence to this claim then all other material posted here by you (again, above) below that.

 

I hope that will help you. By the way, you do not need to file and serve any evidence at the present, simply refer to your evidence in your Defence, which you will be required to disclose (serve) on the Claimant if he should make a request for such pursuant to CPR Pt 31.

 

Kind regards

 

The Mould

 

Thank you

General form of Judgement Order

Before Deputy District Judge Reynolds sitting at Carlisle County Court.

IT IS ORDERED THAT

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.

4. The Defendant may apply by 4.00pm on 3 May 2013 to vary, set aside or stay this order.

On the 9th April 2013 but dated by court 26th April 2013. I received this document in the 1 May 2013

 

I was not given this court date and only have a week to reply. I have been told on here I have to submit all documents so the Judge can see them to help him make a decision and I will not be allowed to submit them later. The is my only chance to put my case and I have to include everything.

[pip1pip2]

That is looking good now.

 

In some places you refer to 'I' and in other places 'the Defendant' or 'Defendants'. It's probably best to refer to 'the Defendant' the whole way through in line with the first four paragraphs The Mould has drafted for you.

 

Done

[The Mould]

Thank you

General form of Judgement Order

Before Deputy District Judge Reynolds sitting at Carlisle County Court.

IT IS ORDERED THAT

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.

4. The Defendant may apply by 4.00pm on 3 May 2013 to vary, set aside or stay this order.

On the 9th April 2013 but dated by court 26th April 2013. I received this document in the 1 May 2013

 

I was not given this court date and only have a week to reply. I have been told on here I have to submit all documents so the Judge can see them to help him make a decision and I will not be allowed to submit them later. The is my only chance to put my case and I have to include everything.

 

Hello Pip

 

Comply with paragraph is all you need to do at this stage in these proceedings.

 

Put my first 4 paragraphs before all other material that you have posted here and the Court will recognise that you have a Defence against this claim that is recognised in law.

 

Evidence under the disclosure rules of CPR will come at a later stage and on directions from the Court.

 

Kind regards

 

The Mould

[The Mould]

Compliance with paragraph 2 is what I meant to say in my post above #72

 

Kind regards

 

The Mould

[pip1pip2]

Hello Pip

 

Comply with paragraph is all you need to do at this stage in these proceedings.

 

Put my first 4 paragraphs before all other material that you have posted here and the Court will recognise that you have a Defence against this claim that is recognised in law.

 

Evidence under the disclosure rules of CPR will come at a later stage and on directions from the Court.

 

 

Kind regards

 

The Mould

 

Pressure is now off will do final read of document and take to court and send a copy to the Builders solicitor, should I send Recorded delivery or by email.

[DonkeyB]

Ignore what I’ve just deleted – court order says file and serve, so yes, send to court and claimant’s solicitor recorded.