Roofer did shoddy work and has now filed court claim against me

[steampowered]

“There is no reason to delay the actual building work. The only problem would be if the building work would prejudice the ability of an expert to provide a clear report - Perhaps this is something you should double check with the expert”.

 

With respect as regards your last para above, no prejudice could be caused to any expert in this matter, because the local authority have refused to issue a Building Regs Certificate, which clearly proves that the work undertaken by the roofer does not comply with building regs and is, therefore, deficient, any expert in this field can rely upon this fact, hence the reason as to why Kinger is going to have to instruct a professional builder/roofer to put the deficient and non-compliant works right.

Failure to issue a Building Regs Certificate is indeed convincing evidence. But I don't think it is solid proof, as there could be many reasons why a certificate was not awarded.

I am not sure failure to issue a certificate is enough to prove the exact pitch of the roof or the internal damage, which are relevant to the amount of damages the op is awarded.

It may be that you are right and that the op can proceed to have the work started immediately, but I think he should check with the expert first.

[Kinger122]

 

What is the name of the Court on the Sealed N1 Claim form?

 

 

 

 

 

Kind regards

 

 

 

 

 

The Mould

 

Hi, it's "Northampton CCBC County court"

 

Is that what you were asking about?

 

Regards

[Kinger122]

Please be very careful of the deadlines on the form. Assuming their Particulars of Claim was included in the claim form, you don't have that much time to file your acknolwedgement and then not much time to file your Defence and Counterclaim. This needs to take priority, issues around quantifying the exact amount and instructing your expert can be sorted later.

 

If you haven't filed your acknowledgement of service you need to do this ASAP.

 

Hi Steampowered, I have already filed the acknowledgement of service.

[Kinger122]

“There is no reason to delay the actual building work. The only problem would be if the building work would prejudice the ability of an expert to provide a clear report - Perhaps this is something you should double check with the expert”.

With respect as regards your last para above, no prejudice could be caused to any expert in this matter, because the local authority have refused to issue a Building Regs Certificate, which clearly proves that the work undertaken by the roofer does not comply with building regs and is, therefore, deficient, any expert in this field can rely upon this fact, hence the reason as to why Kinger is going to have to instruct a professional builder/roofer to put the deficient and non-compliant works right.

Kinger, obtain 3 or 4 quotes from proper professional builders/roofers and instruct the company that you feel most comfortable with, who has references that you can check, to put the roofing works right and in compliance with building regs. These costs will form your Counterclaim against the dodgy roofer for fundamental breach of contract.

If 15 degrees was agreed in writing with the dodgy roofer and the pitch of the roof installed is different, then this also provides you with grounds, in addition to all previous points mentioned, to argue non-performance of the contract by the dodgy roofer and his obligations thereunder.

Kind regards

The Mould

 

Sorry for the late replies. I have been out all day. I have already obtained quotes however some have been very unwilling to even quote me as they become suspicious when they find out that the roof needs to be re-done and say that they "don't want to touch another job etc."

 

I am probably going to have to wait till the new year now anyway as I don't want roofing work being started so soon before Christmas. I have the impression that this court claim was used as a way to try and intimidate my, especially as I have not received the PoC. Shall I contact the court about the Poc tomorrow or wait and see?

 

Thank you everyone

[Mike_hawk]

No harm in checking, the court would be able to advise whether a N215 has been filed in the case [certificate of service]. Bear in mind the claimant [on filing cert] does not have to provide any proof of service of particulars.

[Kinger122]

No harm in checking, the court would be able to advise whether a N215 has been filed in the case [certificate of service]. Bear in mind the claimant [on filing cert] does not have to provide any proof of service of particulars.

 

Thanks. I am just a little concerned that he may provide the particulars to the court and not to me, and then try and claim that he had sent them to me. I may be a bit paranoid here but I want to cover all the bases.

 

Also he recently sent me a letter which I completely forgot to mention; It was regarding the complaint I had put in at the beginning about his workers. In his response to my complaint he stated that the whole reason for the delay was because I was interfering with his workers and stopping them from doing their work, and I recorded them without authorisation on my CCTV system. I have home CCTV which I have archived showing the time they took to do the work, the mess they left in my garden and them working unhindered by myself and my family. I do not need his permission to record my garden with CCTV but I am getting worried as he seems to be trying to turn everything on me.

[Mike_hawk]

Filing particulars not required until 7 days post service of notice of transfer to your home court. The court will rely on the other sides statement within the N215.

 

 

If he's writing to you it won't harm if you respond asking when/if he intends to serve.

[steampowered]

Its difficult to see why there is anything wrong with using CCTV in your own garden. I don't think its worth getting too concerned about this.

[Kinger122]

I have used the template provided kindly by TheMould but I am not sure about a few things. For the counterclaim do I have to state precisely how much I intend to claim? There has been massive inconvenience and damage to my materials. Do I have to itemise everything or just provide the full amount at this stage? How do I calculate the damages that I have incurred? As it stands it will be about £8000 inc VAT for the full removal and replacement of the roof to the correct specifications. I have only changed minor parts of TheMoulds template as I have thus far not received the particulars. Is this acceptable to send as it is at this stage? I know TheMould was assuming that the particulars were going to arrive but they have not (which would indicate to me that the claimants case is very weak). I have less than a week before the 28 day deadline. (I have not filled in any of the personal details to protect my identity.)

 

Thank you all again for all your help

 

Kind Regards

 

 

Introduction

 

1. I, Mr (state you fullname)age (state your age)of (state your full postal address – including post code) am the Defendant in these proceedings and I make this statement as my full defence against the claim brought against me by (state Claimant’s full name) dated (statefull date of Claimant’s Claim).

 

2. For the purpose of this Defence, all reference made herein are made to the sentences and paragraphs of the Claimants statement of case dated (put the datehere)

 

3. The matters set out hereafter are made within my own personal knowledge on this matter, if the contrary appears, I state the source of such, which I believe to be true to the best of my knowledge on this matter.

 

4. As to the first sentence of the Claimant’s statement of case, it is admitted that the Claimant was contracted out for roofing works at my property.

 

5. As to the second sentence of the same, it is denied that the Defendant is in breach of the same and the Claimant is put to establishing the burden of proof thereof. As of the date hereof, the Claimant has not produced any credible evidence to substantiate the same.

 

6. As regards the third sentence therein, the amount claimed as due and owing is denied. The Claimant is in fundamental breach of the contract and the works he was contracted to undertake thereunder are seriously defective and inadequate, he has not performed his obligations under the agreement, this has left the roofing works requiring proper professional workmanship that complies with building regulations in order to make the same waterproof. Furthermore the roof and Velux windows are in clear contravention of the agreed contract, the manufacturer stipulations and building regulations, and at the present time, due to the Claimant’s wholly deficient works carried out thereon, the roof is not watertight. The roof has been inspected by a number of roofers which have identified that the cause of the leak can be directly attributed to the incorrect pitch and installation of the windows.

 

7. Please note, to date I have no received any particulars of the claim from the claimant and I am therefore providing a defence on a presumptive basis.

 

 

 

STATEMENT OF TRUTH

 

 

 

I believe that the facts set out in this Defence are true.

 

 

 

Signed………………………………………………. this (put date) of December 2013.

 

(Printyour name here – Defendant)

 

 

 

 

 

If you have a Counterclaim, then finish as follows:

 

 

 

DEFENCE & COUNTERCLAIM

 

1. The matters set out in the Defence above are repeated.

 

 

 

2. Accordingly, the Defendant/part 20 Claimant seeks the sum (£xzy) from the Claimant/part 20 Defendant and respectfully requests that this Court strikes out his claim in its entirety.

 

 

 

 

 

STATEMENT OF TRUTH (as above)

Edited December 22, 2013 by Kinger122

[mjt2013]

I haven't read the thread so this may be wrong but if you haven't received the Particulars of Claim then you're not obliged to file a defence, the time for doing that only runs from service of the Particulars.

[mjt2013]

Also, as you've referred to a potential counterclaim for about £8,000 this is clearly a case where you may benefit from seeing a solicitor as it's a lot of money that's at stake.

[The Mould]

Hi, it's "Northampton CCBC County court"

 

Is that what you were asking about?

 

Regards

 

 

Kinger

Rule 7.4 Particulars of claim

7.4

(1) Particulars of claim must—

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

(Rule 7.5 sets out the latest time for serving a claim form.)

(3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where—

(a) paragraph 5.2(4) of Practice Direction 7C applies; or

(b) paragraph 6.4 of Practice Direction 7E applies.

(Part 16 sets out what the particulars of claim must include.)

(Part 22 requires particulars of claim to be verified by a statement of truth.)

In the light of the above, paragraphs 7.4 (3)(a) & (b) do not apply as the claimed was issued out of the bulk centre. Therefore, you must file your Defence to the one paragraph that is set out on the N1 Claim form. I have posted an example for you earlier on in this thread. These are the only details of the Claim that you answer to and either accept or deny. Deny the claim on the grounds of fundamental breach of contract by the Claimant, and then set out your Counterclaim

File your response as a Defence & Counterclaim and send by special delivery to the bulk centre so that you do not miss the last day for filing the same against this claim.

I sincerely hope that the foregoing is of some help to you.

Kind regards and Merry Christmas & a happy New Year to you & your family

The Mould

[The Mould]

Filing particulars not required until 7 days post service of notice of transfer to your home court. The court will rely on the other sides statement within the N215.

 

 

If he's writing to you it won't harm if you respond asking when/if he intends to serve.

 

 

With respect Mike, this is not correct. Please see my last post here. The Claimant will not be required to ser the POC's unless he is Ordered to doi so by the Court. Kinger must, therefore, file his/her Defence & Counterclaim against the one para as set out on the N1 Claim form.

 

 

Kind regards

 

 

The Mould

[The Mould]

Kinger

Rule 7.4 Particulars of claim

7.4

(1) Particulars of claim must—

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

(Rule 7.5 sets out the latest time for serving a claim form.)

(3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where—

(a) paragraph 5.2(4) of Practice Direction 7C applies; or

(b) paragraph 6.4 of Practice Direction 7E applies.

(Part 16 sets out what the particulars of claim must include.)

(Part 22 requires particulars of claim to be verified by a statement of truth.)

In the light of the above, paragraphs 7.4 (3)(a) & (b) do not apply as the claimed was issued out of the bulk centre. Therefore, you must file your Defence to the one paragraph that is set out on the N1 Claim form. I have posted an example for you earlier on in this thread. These are the only details of the Claim that you answer to and either accept or deny. Deny the claim on the grounds of fundamental breach of contract by the Claimant, and then set out your Counterclaim

File your response as a Defence & Counterclaim and send by special delivery to the bulk centre so that you do not miss the last day for filing the same against this claim.

I sincerely hope that the foregoing is of some help to you.

Kind regards and Merry Christmas & a happy New Year to you & your family

The Mould

 

 

Sorry, I meant where those stated paragraphs of the CPR above do apply.

 

 

Kind regards

 

 

The Mould

[mjt2013]

But doesn't Rule 7.4 just confirm that PoCs must be served either with the CF or separately and, if separately, filed at court unless 7.4(3) (a) or (b) applies? I'm not sure what that has to do with when a defence has to be filed?

[The Mould]

But doesn't Rule 7.4 just confirm that PoCs must be served either with the CF or separately and, if separately, filed at court unless 7.4(3) (a) or (b) applies? I'm not sure what that has to do with when a defence has to be filed?

 

 

A Defendant cannot answer to pleadings that have not been served on him. If you say to the contrary, please provide the authority that states a Defendant can answer to pleadings that have not been served on him.

And that is the point that I am making – CPR Pt 7 rr. 7.4 (3)(a) & (b) do apply, because the claim has been issued out of the bulk centre and remains as issued therefrom. No particulars have been served, because the Claimant has not been Ordered to do so, and the said rules only require the Claimant to file at Court, however, where the proceedings are not transferred under paragraph 12.1 or 12.2 and remain at Northampton County Courts, such as in this present case, the Claimant is not required to file the particulars of claim at that Court unless ordered to do so – see PD 6.4.

In this present case, Kinger can only answer to the one para of the N1 Claim form and serve his/her Defence & Counterclaim to the same.

Kind regards

The Mould

[Mike_hawk]

With respect Mike, this is not correct. Please see my last post here. The Claimant will not be required to ser the POC's unless he is Ordered to doi so by the Court. Kinger must, therefore, file his/her Defence & Counterclaim against the one para as set out on the N1 Claim form.

 

 

Kind regards

 

 

The Mould

 

 

Mould

 

 

PD 7E applies as does CPR 10....... time for acknowledging service

 

 

Particulars of claim and certificate of service

 

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –

(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(2) file a certificate of service in form N215 at Northampton County Court within 14 days of service of the particulars of claim on the defendant.

6.2 The certificate of service may be filed at the court by sending form N215 by e-mail to mcolaos@hmcourts-service.gsi.gov.uk. However, the subject line to the e-mail must contain the claim number.

6.3 The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 12.1 or 12.2 within 7 days of service of the notice of transfer by the court.

6.4 Where the proceedings are not transferred under paragraph 12.1 or 12.2 and remain at Northampton County Court, the claimant is not required to file the particulars of claim at that court unless ordered to do so.

 

 

 

 

The period for filing an acknowledgment of service

 

10.3

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

(b) in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules –

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

© rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

[The Mould]

Mould

 

 

PD 7E applies as does CPR 10....... time for acknowledging service

 

 

Particulars of claim and certificate of service

 

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must –

(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(2) file a certificate of service in form N215 at Northampton County Court within 14 days of service of the particulars of claim on the defendant.

6.2 The certificate of service may be filed at the court by sending form N215 by e-mail to mcolaos@hmcourts-service.gsi.gov.uk. However, the subject line to the e-mail must contain the claim number.

6.3 The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 12.1 or 12.2 within 7 days of service of the notice of transfer by the court.

6.4 Where the proceedings are not transferred under paragraph 12.1 or 12.2 and remain at Northampton County Court, the claimant is not required to file the particulars of claim at that court unless ordered to do so.

 

 

 

The period for filing an acknowledgment of service

 

10.3

(1) The general rule is that the period for filing an acknowledgment of service is –

(a) where the defendant is served with a claim form which states that particulars of claim are to follow, 14 days after service of the particulars of claim; and

(b) in any other case, 14 days after service of the claim form.

(2) The general rule is subject to the following rules –

(a) rule 6.35 (which specifies how the period for filing an acknowledgment of service is calculated where the claim form is served out of the jurisdiction under rule 6.32 or 6.33);

(b) rule 6.12(3) (which requires the court to specify the period for responding to the particulars of claim when it makes an order under that rule); and

© rule 6.37(5) (which requires the court to specify the period within which the defendant may file an acknowledgment of service calculated by reference to Practice Direction 6B when it makes an order giving permission to serve a claim form out of the jurisdiction).

7EPD.4

Types of claims which may be started using Money Claim Online

4. A claim may be started using Money Claim Online if it meets all the following conditions—

(1) the only remedy claimed is a specified amount of money—

(a) less than £100,000 (excluding any interest or costs claimed); and

(b) in sterling;

(2) the procedure under Part 7 is used;

(3) the claimant is not—

(a) a child or protected party; or

(b) funded by the Legal Services Commission;

(3A) the claimants address for service is within the United Kingdom;

(4) the claim is against—

(a) a single defendant; or

(b) two defendants, if the claim is for a single amount against each of them;

(5) the defendant is not—

(a) the Crown; or

(b) a person known to be a child or protected party; and

(6) the defendant's address for service is within England and Wales.

("Protected party" has the same meaning as in rule 21.1(2).)

 

 

7EPD.5

Starting a claim

5.1 A claimant may request the issue of a claim form by—

(1) completing and sending an online claim form; and

(2) electronically paying the appropriate issue fee, via Her Majesty's Courts and Tribunals Service website.

5.2 Detailed particulars of claim must either be—

(1) included in the online claim form but must be limited in size to not more than 1080 characters (including spaces); or

(2) served and filed by the claimant separately from the claim form in accordance with paragraph 6 but the claimant must—

(a) state that detailed particulars of claim will follow; and

(b) include a brief summary of the claim,in the online claim form in the section headed "particulars of claim".

5.2A The requirement in paragraph 7.3 of Practice Direction 16 for documents to be attached to the particulars of contract claims does not apply to claims started using an online claim form, unless the particulars of claim are served separately in accordance with paragraph 5.2 of this practice direction.

5.3 When an online claim form is received by the Money Claim Online website, an acknowledgment of receipt will automatically be sent to the claimant. The acknowledgment of receipt does not constitute a notice that the claim form has been issued.

5.4 When the court issues a claim form following the submission of an online claim form, the claim is 'brought' for the purposes of the Limitation Act 1980 [>>Text] and any other enactment on the date on which the online claim form is received by the court's computer system. The court will keep a record, by electronic or other means, of when online claim forms are received.

5.5 When the court issues a claim form, it will—

(1) serve a printed version of the claim form on the defendant; and

(2) send the claimant notice of issue.

5.6 The claim form will have printed on it a unique customer identification number or a password by which the defendant may access details of the claim on Her Majesty's Courts and Tribunals Service website.

5.8 The claim form will be deemed to be served on the fifth day after the claim was issued irrespective of whether that day is a business day or not. "Business day" has the same meaning as in rule 6.2(b).

 

 

7EPD.6

Particulars of claim and certificate of service

6.1 Where the particulars of claim are served by the claimant separately from the claim form pursuant to paragraph 5.2(2), the claimant must—

(1) serve the particulars of claim in accordance with rule 7.4(1)(b); and

(2) file a certificate of service in form N215 at Northampton County Court within 14 days of service of the particulars of claim on the defendant.

6.2 The certificate of service may be filed at the court by sending form N215 by e-mail to mcolaos@hmcourts-service.gsi.gov.uk. However, the subject line to the e-mail must contain the claim number.

6.3 The claimant must file the particulars of claim at the court to which the proceedings are transferred under paragraph 12.1 or 12.2 within 7 days of service of the notice of transfer by the court.

6.4 Where the proceedings are not transferred under paragraph 12.1 or 12.2 and remain at Northampton County Court, the claimant is not required to file the particulars of claim at that court unless ordered to do so.

 

 

Rule 7.4 Particulars of claim

7.4

(1) Particulars of claim must—

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

(Rule 7.5 sets out the latest time for serving a claim form.)

(3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where—

(a) paragraph 5.2(4) of Practice Direction 7C applies; or

(b) paragraph 6.4 of Practice Direction 7E applies.

(Part 16 sets out what the particulars of claim must include.)

(Part 22 requires particulars of claim to be verified by a statement of truth.)

 

 

Effect of rule

7.4.1 It is important to distinguish between what the claim form must contain and what the particulars of claim must contain. Part 7 deals with the claim form; Pt 16 with the particulars of claim. Broadly, the claim form has replaced the High Court writ and Particulars of Claim have replaced the former Statement of Claim. County court procedure is now the same. In effect, the CPR have here merged High Court and county court Practice by adopting the old county court jargon of the CCR and applying it to the High Court procedure of the RSC to create the current CPR.

 

Particulars of claim

7.4.2 Rule 7.4 provides for three possible ways of dealing with the Particulars of Claim:

(i) C may include his particulars of claim on the claim form itself (r.7.4(1)(a)).

(ii) C may prepare his particulars of claim as a separate document and serve them with the claim form (r.7.4(1)(a)).

(iii) C may prepare his particulars of claim as a separate document and serve them later (r.7.4(1)(b) and r.7.4(3)).

 

The first option is likely to be used where particulars of claim are short and can be stated in a few lines: typically a straightforward debt claim (where previously a "specially indorsed writ" would have been used).

Options (ii) and (iii) reflect the old "generally indorsed writ". Given the importance of pre-action preparation (and, in particular, the importance of complying with pre-action protocols) option (ii) is more common and preferred to option (iii). Option (iii) can be used where the claim form has to be issued quickly, for example for limitation purposes.

The two practice directions referred to in r.7.4(3) contain special provisions as to the separate serving and filing of particulars of claim that apply where the claimant uses the services (both administered by the county court at Northampton) provided by those practice directions for commencing proceedings (see paras 7CPD.1 and 7EPD.1 below). Where the case is not transferred by the administering court to another county court, the claimant is not required to comply with r.7.4(3) unless ordered to do so.

Biddle & Co (a Firm) v Tetra Pak Ltd [2010] EWHC 54 (Ch) decided that a claimant could serve particulars of claim separately on different defendants against whom different causes of action were asserted in the same proceedings. The case concerned alleged failures by solicitors and actuaries in advising on pension schemes. The court did not accept the solicitors' argument that service of particulars of claim on them that differed from those previously served upon the actuaries was not allowed, except by way of an application to amend and that was not possible on the facts as it would be raising a new cause of action outside the limitation period.

 

 

Service of particulars of claim

7.4.3 Rule 7.4(1)(b) states that, where particulars of claim are not contained in or served with the claim form they "must be served" on the defendant by the claimant within 14 days after the service of the claim form; but this is subject to r.7.4(2) which states that particulars served separately "must be served" on the defendant "no later than the latest time for serving the claim form" (generally, four months after issue, see r.7.5(1)). This compounding of one mandatory requirement with another creates a trap for the unwary claimant which may be illustrated as follows. If, in a given set of proceedings, the position is that "the latest time for serving the claim form" is (say) May 30, and the claimant serves the claim form on May 20, the claimant does not have 14 days after May 20 for separate service of the particulars but only 10 days. Service of the particulars after May 30 will be service out of time, even if the service after that date happens to be effected within 14 days after the service of the claim form.

The calculation of the "latest time for serving the claim form", within r.7.4(2), requires reference to r.7.5, though in fact, unlike r.7.4(2), that rule (since October 1, 2008) says nothing about "serving" a claim form within a particular time, but about completing a "step required" by the rule within the set time. Where service is to be effected within the jurisdiction, a claim form served in accordance with Pt 6 is deemed to be served on the second business day after "completion of the relevant step under rule 7.5(1)" (see r.6.14). Presumably in such circumstances it is intended that the "latest time" within r.7.4(2) for the separate service of particulars of claim is that deemed day.

Where the particulars of claim are not served in time in accordance with r.7.4 (whether this is because the claimant misunderstood the effect of r.7.4(2) or for some other reason), an application may be made to the court for an extension of time. An application for an extension may be made either before or after the expiry of the relevant time limit. For commentary on such applications, see para.7.6.8 below.

The time limits for the separate service of particulars of claim as stated in r.7.4 do not apply to all civil proceedings to which the CPR apply. Different limits are fixed by r.58.5 (proceedings in the commercial list), r.59.4 (mercantile claims), and r.61.3 (Admiralty claims in rem).

In possession claims under Pt 55, the particulars of claim must be served with the claim form (r.55.4), so no question of time limits for the separate service of particulars arises in such proceedings.

 

 

Kind regards

 

The Mould

Edited December 22, 2013 by The Mould
Need to highlight im[portant fact

[Kinger122]

Kinger

 

Rule 7.4 Particulars of claim

7.4

(1) Particulars of claim must—

(a) be contained in or served with the claim form; or

(b) subject to paragraph (2) be served on the defendant by the claimant within 14 days after service of the claim form.

(2) Particulars of claim must be served on the defendant no later than the latest time for serving a claim form.

(Rule 7.5 sets out the latest time for serving a claim form.)

(3) Where the claimant serves particulars of claim separately from the claim form in accordance with paragraph (1)(b), the claimant must, within 7 days of service on the defendant, file a copy of the particulars except where—

(a) paragraph 5.2(4) of Practice Direction 7C applies; or

(b) paragraph 6.4 of Practice Direction 7E applies.

(Part 16 sets out what the particulars of claim must include.)

(Part 22 requires particulars of claim to be verified by a statement of truth.)

 

In the light of the above, paragraphs 7.4 (3)(a) & (b) do not apply as the claimed was issued out of the bulk centre. Therefore, you must file your Defence to the one paragraph that is set out on the N1 Claim form. I have posted an example for you earlier on in this thread. These are the only details of the Claim that you answer to and either accept or deny. Deny the claim on the grounds of fundamental breach of contract by the Claimant, and then set out your Counterclaim

 

File your response as a Defence & Counterclaim and send by special delivery to the bulk centre so that you do not miss the last day for filing the same against this claim.

 

I sincerely hope that the foregoing is of some help to you.

 

Kind regards and Merry Christmas & a happy New Year to you & your family

 

The Mould

 

Thank you for the clarification TheMould. I am still unsure about how much money I state I am claiming in the counterclaim as I do not know how damages are calculated. Can I just claim for the cost of the roof to be repaired and the damaged materials? Or can I also claim for damages due to having a building site of a home for the past month and a half? And if I can, how is it calculated?

 

Merry Christmas to you and your family as well.

 

Thank you

 

Kind Regards,

 

Kinger

[Kinger122]

With respect Mike, this is not correct. Please see my last post here. The Claimant will not be required to ser the POC's unless he is Ordered to doi so by the Court. Kinger must, therefore, file his/her Defence & Counterclaim against the one para as set out on the N1 Claim form.

 

 

Kind regards

 

 

The Mould

 

 

This is correct as I clarified this with the court when I called them. For someone who has very little experience of the legal system, the process is fairly obscure and unpleasant for the inexperienced. I am very grateful for all the advice I have received so far.

 

Regards.

[Mike_hawk]

This is correct as I clarified this with the court when I called them. For someone who has very little experience of the legal system, the process is fairly obscure and unpleasant for the inexperienced. I am very grateful for all the advice I have received so far.

 

Regards.

 

 

The court clarified that there is no requirement to serve the particulars of claim?

[Kinger122]

I meant the court clarified that I must write my defence based on the information on the claim form as I have not received poc. Confirming what TheMould had said. Sorry for the confusion.

[Kinger122]

Mike_hawk, I seem to have missed The Mould as he has gone offline. Can you tell me what I can include when I am stating the total cost of my counterclaim? Does it have to be exact at this stage or can it be a estimate? Especially as I have got different prices from different roofing companies.

 

Kind regards

[Mike_hawk]

Mike_hawk, I seem to have missed The Mould as he has gone offline. Can you tell me what I can include when I am stating the total cost of my counterclaim? Does it have to be exact at this stage or can it be a estimate? Especially as I have got different prices from different roofing companies.

 

Kind regards

 

 

You can ask for damages to be assessed, estimated at not more than £xxxx.xx

[The Mould]

Thank you for the clarification TheMould. I am still unsure about how much money I state I am claiming in the counterclaim as I do not know how damages are calculated. Can I just claim for the cost of the roof to be repaired and the damaged materials? Or can I also claim for damages due to having a building site of a home for the past month and a half? And if I can, how is it calculated?

 

Merry Christmas to you and your family as well.

 

Thank you

 

Kind Regards,

 

Kinger

The Mould

---End Quote---

Thank you for the clarification TheMould. I am still unsure about how much money I state I am claiming in the counterclaim as I do not know how damages are calculated. Can I just claim for the cost of the roof to be repaired and the damaged materials? Or can I also claim for damages due to having a building site of a home for the past month and a half? And if I can, how is it calculated?

 

Merry Christmas to you and your family as well.

 

Thank you

 

Kind Regards,

 

Kinger

***************

Simply claim damages as per the costs provided by the builder/roofer who is actually going to undertake the work in order to put right, safe and compliant with building regs. If you wish to claim damages for inconvenience and upset and distress that this breach of contract has caused to you and your family, this will be difficult to quantify, however, you can ask the Court to take same into its consideration and requests that it exercises its discretion on the same.

“ have used the template provided kindly by TheMould but I am not sure about a few things. For the counterclaim do I have to state precisely how much I intend to claim? There has been massive inconvenience and damage to my materials. Do I have to itemise everything or just provide the full amount at this stage? How do I calculate the damages that I have incurred? As it stands it will be about £8000 inc VAT for the full removal and replacement of the roof to the correct specifications. I have only changed minor parts of TheMoulds template as I have thus far not received the particulars. Is this acceptable to send as it is at this stage? I know TheMould was assuming that the particulars were going to arrive but they have not (which would indicate to me that the claimants case is very weak). I have less than a week before the 28 day deadline. (I have not filled in any of the personal details to protect my identity.)”

State the amount that you are counterclaiming - £8,000.00, based upon the quotation provided by the builder to put the deficient works right. You do not have to itemise every single item at this stage, simply state that; “at the trial the Defendant/part 20 Claimant will rely upon evidence provided by the local authority and evidence provided by xyz builders who have been instructed to undo and put right the deficient works that have been carried out by the Claimant/part 20 Defendant as a consequence of his fundamental breach of the contract upon which he relies, and refer to the same for the full terms and effect thereof for the purposes of this counterclaim”.

(this is a suggested well-reasoned legal counter-argument)

Kind regards

The Mould