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Iam the Claimant. Defendants legal representative has applied for a judgement on their counterclaim claiming they did not receive reply to their defence and counterclaim. The judge issued a judgement without a hearing. The reply to defence and defence to counterclaim was posted to them but they state this was not served properly and that they have not recieved it. It was also sent to Northampton CCBC before the case then got transferred to the local court.
no proof of posting but witnessed by my wife as we both went and posted it, defendants claim court has no evidence(local court is norwich), claim has been transferred from Northampton CCBC to Norwich recently. reply was sent to Northampton ccbc. I have asked northamptonCCBC to confirm they have received it
no judgement on claim yet , directions questionnaire has been filed.
Judgement on counterclaim dated 21/04/2015 signed by judge on 14/04/15 (for a large sum of money).
order has been emailed to me today by defendants legal representative who did not notify me of their application which was made a month ago!
yes a summary judgement doesn't indicate there was a hearing
multitrack, not a small claim value of claim and counterclaim are both above 10k
looks like a summary judgement it states….. before district judge -- at --CC upon having considered the defendants application dated 19 March 2015 and having read ___ witness statement(defendants legal representative) legal exec dated 19 March 15 and upon claimant having failed to file a defence to the counterclaim dated 26 Feb 15 it is hereby adjudged that judgement shall be entered against the claimant for the second defendant (builders company)on its counterclaim with interest etc payable in 14 days Date of order 21/4/15 signed by judge 14/4/15. His legal rep says he is willing to consider consenting to my application for judgement to be set aside provided I pay him £380 for his fees towards his expenses which he would usually charge his client as he states there is a procedural problem at my end, I posted the reply but failed to inform him that I had issued a reply to counterclaim and that he didn't receive it anyway, so I have emailed copies to him and the court today. Many thanks for your advice sorry if it isn't very straight forward, what are my options? there counterclaim for building work on my house was retaliatory and without substance
excellent thank you for your help
could you please advice the fee to accompany this notice/appeal
Sorry for getting back to this one again, I have checked the documents in detail the second defendant(building firm) applied for judgement under 12.3 (2) b so it was a judgement by default. apologies I did not notice this bit earlier. Does this change the type of application I should be making or is it still the same