outstanding invoices

[misspip]

Hi thank you fort taking time to read this here goes .
my husband done sub contract work for a company upon raising invoice statement they became very how can i put it strange fobbing of any direct questions with regards to payment . ok after trying to receive payment we had to issue small claims proceedings for outstanding balance £3000
so we were the claimant. then the other side issued a defence counter claim stating we owed them £2800 for an apparent flood which was the first time we had heard of any incident. we then became the claimant part 20 defendant and the other side became defendant part 20 claimant .
we then had to file a reply and defence to counter claim .
we then received a order stating the counter claim had been struck out it stated the counter claim is struck out this notice is served pursuant to paragraph 2.5 of the practice direction part 51 civil procedure .
i contacted the helpline and they advised that our claim would go ahead as normal .

Then we received a notice of proposed allocation the wording is as follows
this is now a defended claim
the defendant has filed a copy of which is enclosed ( the first counter claim from other side is attached )
you must complete the form n180 before 22nd jan

totally confused as i filed this form in November same time as defence to counter claim
am totally lost can any one help

[nemesis45]

Re: outstanding invoices

Hi did you get formal notice of the strike out?
If so phone the court and find out what's happening, if the defendant has entered a new defence using exactly the same evidence then I can't see how it may succeed.

Could be a "clerical error".

nem

[misspip]

Re: outstanding invoices

we received a order on 5th December saying counter claim is struck out . i telephoned the court and they told us our claim carried on as normal then i received this on the 2nd January

[Amethyst]

Re: outstanding invoices

This bit doesn't make much sense to me

we then received a order stating the counter claim had been struck out it stated the counter claim is struck out this notice is served pursuant to paragraph 2.5 of the practice direction part 51 civil procedure .

https://www.justice.gov.uk/courts/pr...lot-scheme#2.1

PRACTICE DIRECTION 51I – THE COUNTY COURT AT CENTRAL LONDON MULTI - TRACK PILOT SCHEME

PD 51 I
This Practice Direction is made under rule 51.2. It provides for a pilot scheme (“the County Court at Central London Multi-Track Pilot Scheme”) in respect of money claims issued at the County Court Business Centre (“CCBC”) and the County Court Money Claims Centre (“CCMCC”) for a period of 12 months from 1 October 2014 to 30 September 2015.
PD 51 I

2.5 Rule 26.2A(5) is modified to provide that if the preferred court specified on the relevant directions questionnaire is a London hearing centre, the claim will be sent to the County Court at Central London.

[Amethyst]

Re: outstanding invoices

we received a order on 5th December saying counter claim is struck out . i telephoned the court and they told us our claim carried on as normal then i received this on the 2nd January

Might be an idea if you can to scan in/photo and edit off personal info and put the court docs & orders up here

[misspip]

Re: outstanding invoices

It is a court order set out like below

before proper office at the county court Nottingham business centre .

It is ordered
that the counter claim is struck out


this notice is served persistent to paragraph 2.5 (2) of the practice direction supplementing part 51 of the civil court procedure

this is why am so stressed am really confused

[EXC]

Re: outstanding invoices

Is it 51b?

2.5 (2) Where a party does not file the allocation questionnaire within the period specified in
the notice served pursuant to paragraph (1) then that party’s claim, defence or counterclaim
(as appropriate) will automatically be struck out without further order of the court.

[Amethyst]

Re: outstanding invoices

ahhh that sounds more likely, thanks EXC xxx I can only find 51 and 51 I https://www.justice.gov.uk/courts/pr...l/rules/part51 for some reason. Probably me being daft.

So sounds like the other party didn't file their directions questionnaire. Still don't know why you have a second N180 though.

[EXC]

Re: outstanding invoices

So sounds like the other party didn't file their directions questionnaire.

If that's the case shouldn't the defence have been struck out too?

[misspip]

Re: outstanding invoices

I haven't a clue the letter states
claimant us
defence them

then it says this is now a defended claim
the defendant has filed a defence ( attached same defence and counter claim form from other side
it appears that this case is suitable for allocation for small claims track
if you believe that this track is not the appropriate track you must complete c1 on small claims direction questionnare
you must complete before 22nd January