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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner and I have had a house built by a builder. We

Customer Question

Hi, My partner and I have had a house built by a builder. We have fallen out with the builder who states we jointly owe him £10000. We have disputed this because the work has not been finished to a standard we agreed. So the builder is taking me and my partner to court. We are going to defend the claim for £10,000 and also make a counter claim for £9000 between us. The court have advised us because the claimant has listed us separately in the case we need to submit separate defences and counterclaims. My issue with this is it is all the same information and if we submit separate counter claims for the £9000 we both have to pay a court fee relating to the £9000 and submit duplicate paperwork. Is there not way to change the fact we are being treated separately in this claim to being treated jointly? Also if we are claiming the same £9000 it seems we each will have to pay a court fee of £455 which seems wrong. Can you please help with this?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.Are you each named as joint Defendant or First and Second Defendant?Alex
Customer: replied 1 year ago.
Hi Alex,
From the paperwork it does not state either joint Defendants or First and Second Defendants. The claim paperwork just states under the box marked Defendant(s) ***** ***** AND MISS SALLY COX. There seems no clear differential on the paperwork. However we did receive a copy of the claim paperwork each, and on each claim form it had the others name scored through. I've attached a copy of both so you can see.
Expert:  Ash replied 1 year ago.
I have to say my view is that it should be one fee, because you are not claiming two lots of £9000 - its one joint claim.But there will be a Court fee of £455 in terms of a counter claim in any event. You are seeking this as joint Defendants so shouldnt have to pay two lots.Of course if you counter claim and the Court insist you could allow one lead party to counter claim as its one in the same in any event.Can I clarify anything for you about this today please?Alex
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Customer: replied 1 year ago.
Yes this now makes sense. I could respond with a defence and counterclaim paying the fee and my partner could respond with a defence only incurring no fees.Thank you very much for clearing this up.
Expert:  Ash replied 1 year ago.
Correct. Good luck. Alex
Expert:  Ash replied 1 year ago.
I should say make sure your partner also files a defence, so Judgment isnt entered there, but just a defence, no counter claim. Alex
Customer: replied 1 year ago.
Yes thank you for the follow up. I will make sure we both file a defence and one of us a counter claim. Thanks again.
Expert:  Ash replied 1 year ago.
Great. Alex