Failed Counterclaim - counterclaimant withholding monies.

waamo

How much is outstanding? The big question is does the other party have the means to pay it back?

Mottingham66

[gatecreasted:  judgement enforcement]

I have gone down this avenue but it seems to be only relevant to an original judgement.
I can't see a mechanism for reclaiming monies withheld in anticipation of a successful counterclaim that has then been dismissed.  The notice of the hearing only says the case has been dismissed and no further direction is made. 
 

greatcrested

Mottingham66 said:

...
Our original claim for service charge arrears failed due to shortcomings in how are demands were made. Hearings continued to consider the counterclaim which was made up of alleged damage to property (struck out as beyond statute of limitations ie. 12 years previously), court costs (his fee to have his original default judgment struck out - dismissed) and damage to vase and flower following posting of copy of court papers by us to his flat (this was also dismissed).
He paid off a balance of other due arrears, but less the amount of his counterclaim because, he argues, the judges have been 'biased' and 'British justice is not what it used to be'

So what is now owed is nothing to do with the court proceedings?

1) your claim in court for certain arrears was dismissed

2) his counterclaim for certain damages was also dismissed

3) there are some further arrears, not subject to your original claim, that have been partially paid

So you need to claim the outstanding arrears in 3) above, in the same way that you claimed 1) above, but without the "shortcomings in how are demands were made" this time.

waamo

I'm confused. Has he paid all the original claim or not? You've either paid the claim or you haven't. A partial payment is not paying the claim.

greatcrested

waamo said:

I'm confused. Has he paid all the original claim or not? You've either paid the claim or you haven't. A partial payment is not paying the claim.

Yes it is confusing. But I assumed

He paid off a balance of other due arrears, but less the amount of his counterclaim

there are some additional arrears ('other') that were not included in the court procedings which have been demanded, and he paid these but only partially as he was miffed that his counterclaim in court failed so he deducted that amount from his payment.

Might be wrong though.

Mottingham66

This questions is just about the the counterclaim.
The original claim was dismissed and we were unable to recoup those arrears.  That story ends there.
Subsequently though, he has run up fresh arrears.  He has paid a portion of those, but less the amount that he was counterclaiming.

greatcrested

Mottingham66 said:

This questions is just about the the counterclaim.
The original claim was dismissed and we were unable to recoup those arrears.  That story ends there.
Subsequently though, he has run up fresh arrears.  He has paid a portion of those, but less the amount that he was counterclaiming.

But you said the counterclaim also failed. So "that story ends there" too.

So my earlier post sums up the situation correctly? Or not? And the advice applies? Or not?

So what is now owed is nothing to do with the court proceedings?

1) your claim in court for certain arrears was dismissed

2) his counterclaim for certain damages was also dismissed

3) there are some further arrears, not subject to your original claim, that have been partially paid

So you need to claim the outstanding arrears in 3) above, in the same way that you claimed 1) above, but without the "shortcomings in how are demands were made" this time.

waamo

A claim and counterclaim is a conjoined item. You cannot focus on one and not talk about the other. If the claim was dismissed that's it. Over. Done with. Finished.

If there is new monies outstanding then you need to start a fresh claim.

DiamondLil

Can't offer any useful info Mottingham66 - but had to comment as your name is my home town (village).

Mottingham66

Well, not really, sir.  If our claimed was dismissed, it didn't nullify the counterclaim, did it?
We still had to answer to that.  It went in our favour, but he continues as if his counterclaim was successful.