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Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience:  Solicitor with 5+ years experience
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I have a county court claim against me by a structural

Customer Question

I have a county court claim against me by a structural engineering firm who, even though they have NOT completed their contractual obligations, want the balance of their money. They have not attended my property since November 2015. In March the builder was terminated due to non performance. I informed the structural engineer of this and this was when they instantly demanded balance of payment and threatened a CCJ if I did not immediately pay up.
I put in a defence to the claim - which was over 120 pages - with the court and the claimant. However, whilst in my defence I mentioned I wanted to counterclaim I stated I did not know what amount.
I emailed the Judge at Edmonton County Court the following:
My name is***** and I am the defendant in the above claim. I have supplied the defence which is considerable to both the court and the claimant. I mentioned in my defence that I wanted to make a counterclaim but did not know the amount to claim given that the situation was up in the air. I have clarity now on the situation. No builder will undertake to complete my property and issue a structural guarantee due to the following:
1. They have stated they did not do the construction and therefore will not jeopardise their company by issuing a guarantee for work that they did not do and have no idea whether it has been constructed properly
2. The structural engineers drawings specified for 22 steels of which only 10 have been put in making it a further danger that this property was not constructed properly.
3. In my defence bundle, there is a report from Tant Building Management Ltd who also state the site is not safe.
4. The original builder, Highgate Building Company Ltd, refuse to issue a guarantee on the construction.
5. Structured Environment (the Claimant) have not visited the site since November 2015. When it was brought to their attention of the problems with the builder in March 2016, their response was just to demand immediate payment of the balanced of their monies – at no point did they state they wanted to visit the site. They did not communicate with the builder after their November 2015 visit and they have not paid any attention or carried out their contractual obligations regarding the structural integrity of my property.
Given the above, I am unable to complete the project and refinance to repay the lender by the end of January 2017. If this bridging loan is not repaid in full, the bridging lender will repossess the property and I will have lost a substantial amount of money as well as my property.
I mentioned in my defence that I wanted to put a counterclaim in, which I now wish to do, and want to place the amount of £750,000 - the amount that I owe the lender – against the structural engineering firm who have brought this claim against me.
Can you please let me know how I go about putting in this counterclaim please?
Today I received a letter stating the following:
"The court cannot advise you how to bring a counterclaim. You may benefit from some legal advice as to the options which might be available to you."
Please help. I need to put this counterclaim in as the court hearing has been set for 8th October 2016 at Edmonton County Court.
Ayshe Kadir
Submitted: 2 months ago.
Category: Law
Expert:  Ash replied 2 months ago.

Hello Ayshe my name is ***** ***** I will help you.

What is the Court hearing on 8/10/16 for please? Is it the trial or directions?

Ash, Solicitor
Category: Law
Satisfied Customers: 10914
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 2 months ago.
My telephone number is *****(###) ###-####
Expert:  Ash replied 2 months ago.


Expert:  Ash replied 2 months ago.

My phone does not show my caller ID. But it wont let me call?

Customer: replied 2 months ago.
What's your phone number - my phone provider does not allow calls through from withheld numbers
Expert:  Ash replied 2 months ago.

I cant give you that sorry, can you switch it off just for a moment?

Customer: replied 2 months ago.
Call my mobile 07956 466 030
Expert:  Ash replied 2 months ago.


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