Are you saying that you have received a County Court claim? not a judgement?
Why have they sent it to your daughters address?
How do they know your daughters address?
What do they mean when they say they asked you for an energy performance certificate.
Did you sign any document telling them to go ahead with this?
Could you explain the background details of this please including what you actually asked them to do, what they were supposed to do, what they have done, what they have not done, and what you have not done.
Finally,what do you want to know about this?
If you haven’t done already, you need to acknowledge this and you need to file a defence.
Even if it was a condition of the agreement that you provided them with an energy performance certificate, and you didn’t, they are not entitled to the fee because they haven’t sold the property!
They may be entitled to a small amount of money in respect of their loss of profit but I think that is even debatable.
If this really is the bill for the sale of the property which they couldn’t go ahead with purely because you didn’t supply an energy performance certificate that I think that whoever issued these legal proceedings hasn’t got a basic clue of how the law works.
Based upon what you told me, I think they have very little chance of recovering this money from you.
With regard to the fact that they used your daughters address, if it was the only address they had, then the documents have been adequately served and in any event, you admit that you’ve had them because you appear to have put a defence in.
If they decide to go ahead with this, you are just going to have to deal with it but do ask the court to award costs against them (£18 per hour) on the base that this claim is totally unreasonable. You may not get it in the Small Claims Court but it always worth asking for it if the claimant has been unreasonable in issuing proceedings or has issued proceedings prematurely which is what appears to have happened here.
Can I clarify anything for you?
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