Defence and counterclaim

**sloane82** · 14th April 2018, 10:18:AM

I did stay there also but was unhappy with the room.

**Kati** · 14th April 2018, 10:32:AM

any ideas Diana M ??

**sloane82** · 14th April 2018, 10:43:AM

That sounds like the best option to wait and get my judgment.

**warwick65** · 14th April 2018, 20:09:PM

Once the claim is served the claimant has 14 days to acknowledge the claim and another 14 days to enter a defence

From what YOU have posted you have jumped the gun

**sloane82** · 15th April 2018, 11:49:AM

Ok I will have to wait cheer's.

**pt2537** · 15th April 2018, 19:24:PM

Originally posted by sloane82 View Post

Hi I put a deposit on a room in Watford and the landlord looks like he has put the deposit into a temporary deposit scheme I sent off my small claims court paperwork waited 14 days and sent off to get my default by judgment the 14days was up on the 5th April I have only heard from today that the defendant has, put in a defence and counterclaim to dispute the full amount next week I will get my judgment and send it off to the sheriffs to get my high court writ I hope I do not get a set aside order any information would be great I know i'll have to wait for the judgment and hope for the best.

Wow you seem very quick to litigate, it would have been better to get some advice first.

If i recall correctly this isnt the first time youve done this, there was another case which ended up with a costs order being made against you if i recall correctly. Litigate at haste repent at leisure!!

May i ask what the particulars of claim were? It would be good to get an understanding of your case first

**sloane82** · 20th April 2018, 15:46:PM

That was against a bank I sent information in from I-smart consumer solutions to the banks that they owed me money via bank charges and they made a without prejudice something else this is against a landlord.

**jaguarsuk** · 20th April 2018, 16:07:PM

You also seem very confident you'll win. Did you file a Defence to the Counterclaim?

**warwick65** · 20th April 2018, 20:57:PM

Sloane
I think people's concern is that you appear very swift to litigate. You were extremely lucky with the bank charges case when they did not press their claim for costs.

Looking back through your threads, it appears you are quite a frequent flyer in the county courts but just how many times have you won? It is, as you have found out, a high risk strategy

**Diana M** · 20th April 2018, 22:59:PM

Originally posted by sloane82 View Post

I put a deposit on a room in Watford and the landlord looks like he has put the deposit into a temporary deposit scheme I sent off my small claims court paperwork waited 14 days and sent off to get my default by judgment the 14days was up on the 5th April I have only heard from today that the defendant has, put in a defence and counterclaim to dispute the full amount next week I will get my judgment and send it off to the sheriffs to get my high court writ I hope I do not get a set aside order any information would be great I know i'll have to wait for the judgment and hope for the best.

Hello

The way I see it is that your other legal issues are not relevant to this current legal issue with your Landlord.

I see from your post # 2 that you moved into the property but you were “unhappy with the room”. What was the reason you were unhappy?

Was there a tenancy agreement signed by both you and the Landlord?

You say that your Landlord has filed a Defence and a Counterclaim to your Claim so can you say what you are claiming (and why) and what was the basis of your Landlord’s Defence against your claim and what was the Counterclaim for?

Di

**sloane82** · 21st April 2018, 20:43:PM

Yes the landlord has filled in a defence and counterclaim so have I, I left about a week or two afterwards I moved away from Watford I have won all my cases, so I have been quite lucky and I am studying law, I am not qualified but I am learning as much information as I can I find the legal system interesting.

**Diana M** · 22nd April 2018, 07:41:AM

Originally posted by sloane82 View Post

I put a deposit on a room in Watford and the landlord looks like he has put the deposit into a temporary deposit scheme I sent off my small claims court paperwork . . .

I have only heard from today that the defendant has, put in a defence and counterclaim to dispute the full amount .

I’m guessing your claim is for a return of your deposit. And I’m guessing your ex Landlord’s Counterclaim is for rent which he believes is due under any tenancy agreement.

Is there a way you can check if the room was relet since he can’t claim rent ‘twice’ because if ithe room was relet then he hasn’t made a loss recoverable from you? (I’m only guessing that’s part of his Counterclaim.)

You say the deposit was put into a “temporary deposit scheme”. Do you mean the TDS (i.e. the Government backed Tenancy Deposit Scheme)? If so you could have utilised their free arbitration service to resolve your dispute.

You may still have that option if you both consent to stay these proceedings.

If you had a tenancy agreement check for a clause which may stipulate that the Deposit cannot be used for the recovery of rent arrears, but whether a DJ would agree with that clause is another matter.

Now that the Defendant has filed a Defence and Counterclaim you will not be able to obtain a Default Judgment unless it was filed after the deadline.

However you need to check with the court because if you do obtain a Default Judgment and it was a court error (e.g. slow to update the system on receipt of his Defence) then he may apply for relief from sanctions and if successful the proceedings will continue.

Call the court to check the status of your claim. And you need to deal with the Counterclaim.

Di

**sloane82** · 13th May 2018, 12:32:PM

The defendant did not reply by 14 days I should have sent off for my judgment quicker he then put in a defence and counterclaim, I have applied for mediation so is there a way that I can appeal this as he did not reply within 14 days or will I have to wait?

**Kati** · 13th May 2018, 12:39:PM

now you've accepted mediation it would be better to see that through IMO (others may think differently) ... how long after the 14days was the defence submitted?? Have you any idea what caused the delay (the defendant not responding in time or the court failing to update the system)??

Have you done anything regarding the counterclaim yet?

Have you received anything else from the courts?

Defence and counterclaim