Money Claim

Ben8282

sourcrates wrote: »

Hi,

Claims are sent via Royal Mail, you receive a claim pack in the post, it is not sent by email.
Prior to that, a “letter before claim” is sent, this is a questionnaire type document, that allows you to come to an amicable arrangement without proceeding to court, again it must be sent in the form of a letter.
Also the email address for MCOL is mcol@hmcts.gsi.gov.uk.

I think what you have received is either an ordinary email, or a scam.

Agree. There is NO WAY a court claim will be sent by e-mail as quite simply the court would have no idea that the e-mail was realy your e-mail. It would be sent by post to your address as given in the claim.

Declan1992

Hi,

I’ve responded to the claim online through the money claim portal.

I have rejected the claim and briefly outlined my reasons why. Stating that my comments were true and that the work wasn’t completed to the agreed upon standard. I also noted I had not received any action before letter from claimant.

I noted all correspondence to and from the claimant including the times I was ignored which amounted to 23 in total.

Also on a side note it asked about mediation. I selected I’d be willing to mediate however I wouldn’t agree to the conditions as one of them was to negotiate with the claimant, and as I’m rejecting the claim I didn’t think it would be appropriate to agree to it.

Now I just wait to see if they accept my response or not.

I hope they don’t and I have my day in court if I’m honest.

DoaM

You were pointed to the dropbox link about the court process in your other thread ... did you even bother reading it?

Did you do the AOS?
Did you enter a poor defence instead? (If you entered anything in the Defence box then that's your defence, you cannot add to it or change it later ... you can only expand on those points in your Witness Statement).

The court mediation service involves negotiating via a court appointed mediator - you don't speak directly with the other party.

Manxman_in_exile

Ben8282 wrote: »

Agree. There is NO WAY a court claim will be sent by e-mail as quite simply the court would have no idea that the e-mail was realy your e-mail. It would be sent by post to your address as given in the claim.

OP - just to clarify - you have not received by ordinary mail: a letter before claim; a claim; or a claim pack? But the email you've received appears to relate to a genuine claim?


I'd be 'phoning the court first thing tomorrow to establish whether they've sent you the paperwork that you should have received.


Can't comment on whether the steps you've already taken are appropriate or not. (See post above this one). Usual advice is only to acknowledge service at first and then you have a bit longer to put together a carefully considered defence answering the claim.


I would try posting on the link I gave earlier. They're good at walking people through the claim process (both claiming and defending).

waamo

Did your defence include the point I gave a link to in your other thread? You may well have the case thrown out without any hearing if you did.

Declan1992

Hi,

I recieved the claim on Saturday in the post. It’s not like one I’ve recieved before from a DMC so I was quite surprised by it. It’s just basically a money claim form stating who’s claiming against me and how much for and how to respond and there case attached.

Now when I put together my defence I did make it quite in-depth and related to the points the posters above mentioned and included the points the process hasn’t been followed correctly by the claimant. Raised my points about a complaint process trying to be followed and all attempts of contact have been rejected by 3 different individuals and evidence to prove such and I also found a message between myself and the claimant whereby he gave acknowledgment of my faulty service I had recieved on the day of installation contradictory to his own claims in his actual claim.

I also raised the point of no paperwork being signed nor VAT reciept being provided questioning his own paper trail so to speak.

I believe he now has either 28 days to accept or reject my counterclaim I believe ?

waamo

When you say "counterclaim" do you mean you have claimed a specific amount from him or are you referring to your defence? Either way he has 28 days to respond.

If he also fails to pay a hearing fee the case will be dismissed.

Declan1992

Hi, I’ve claimed an amount specific to the costs of replacing the bay. Are costs usually awarded also if you win or if they accept your claim?

waamo

Declan1992 wrote: »

Hi, I’ve claimed an amount specific to the costs of replacing the bay. Are costs usually awarded also if you win or if they accept your claim?

If it's a reasonable claim it stands a good chance of being awarded. Some people do seem to inflate claims by adding on things like stress or inconvenience. As a general rule you can't claim these.

If it's a reasonable quote for reasonable work you should be fine.

Declan1992

Hi,

Quick update they have rejected my counter claim and I’ve recieved the Questionaire. After returning this are you then given a date and time and location or does it go for a review before your given all that?