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Hi there, I hope i am posting in the right place, as this relates to a CCJ that i have issued rather than received. I have a legal background but not in this field (conveyancing!) and so offered to help out my husband's boss with an unpaid invoice, but I'm slightly unsure now of the next steps.
Background is that an invoice went unpaid and so after attempting to resolve the issue with the customer to no avail, a claim was issued. He has now responded, defended and issued a counter claim. I'm not sure how important the specifics of the claim are at this stage, so i wont go into lots of detail, but the short version is:
A number of works were carried out by husband's firm (joinery) and invoiced over 4 invoices. All invoices were paid bar the final one which was the final payment as detailed in the invoice for a staircase provided. Previous paid invoices included 2/3rds payment for the staircase and for supplying (not fitting) some sliding doors and a corner post. These invoices were paid without issue. On chasing for the final outstanding invoice to be paid for the staircase, the claimant has (some three months later) stated that he has issue with the doors and the corner post (not the staircase to which the invoice relates), and is stating that this is why he will not pay the final invoice.
So after issuing (and after attempting to resolve the issue by offering a good will and without prejudice offer to reduce the invoice by the amount of the allegedly substandard corner post, which was refused), we have now received notification from the Court that the defendant has paid his fee so the Counter Claim is accepted and we have to complete the response pack, and in addition the case has been transferred to a local Court and we also have to complete a Directions Questionnaire. The latter seems straight forward enough, just complete and return?
With regards to the counterclaim, this is going to be defended and i will prepare a statement and lodge pertinent documents such as the invoices in question, and our previous correspondence attempting to resolve the issue prior to the claim being issued. My only question really (i think) is in relation to the defence pack, and making any further counter claim? I presume i don't as this would just go back and forth with claim and counter claim interminably?
So I think that what I need to do, is to completed the Directions Questionnaire and return to the local County Court where the matter has now been transferred and then to complete the response pack in relation to the counterclaim and return this to the business centre? (this is MCOL claim)
Thank you in advance for any advice or assistance that can be offered.
Louise
Background is that an invoice went unpaid and so after attempting to resolve the issue with the customer to no avail, a claim was issued. He has now responded, defended and issued a counter claim. I'm not sure how important the specifics of the claim are at this stage, so i wont go into lots of detail, but the short version is:
A number of works were carried out by husband's firm (joinery) and invoiced over 4 invoices. All invoices were paid bar the final one which was the final payment as detailed in the invoice for a staircase provided. Previous paid invoices included 2/3rds payment for the staircase and for supplying (not fitting) some sliding doors and a corner post. These invoices were paid without issue. On chasing for the final outstanding invoice to be paid for the staircase, the claimant has (some three months later) stated that he has issue with the doors and the corner post (not the staircase to which the invoice relates), and is stating that this is why he will not pay the final invoice.
So after issuing (and after attempting to resolve the issue by offering a good will and without prejudice offer to reduce the invoice by the amount of the allegedly substandard corner post, which was refused), we have now received notification from the Court that the defendant has paid his fee so the Counter Claim is accepted and we have to complete the response pack, and in addition the case has been transferred to a local Court and we also have to complete a Directions Questionnaire. The latter seems straight forward enough, just complete and return?
With regards to the counterclaim, this is going to be defended and i will prepare a statement and lodge pertinent documents such as the invoices in question, and our previous correspondence attempting to resolve the issue prior to the claim being issued. My only question really (i think) is in relation to the defence pack, and making any further counter claim? I presume i don't as this would just go back and forth with claim and counter claim interminably?
So I think that what I need to do, is to completed the Directions Questionnaire and return to the local County Court where the matter has now been transferred and then to complete the response pack in relation to the counterclaim and return this to the business centre? (this is MCOL claim)
Thank you in advance for any advice or assistance that can be offered.
Louise
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