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Acknowledge of Service without a Particulars of Claim - CCMCC

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  • #91
    So I've taken a look at form n225 but it seems to be geared towards claims not counterclaims. Is this the right form to use for a default judgement if the claimant hasn't replied to our counterclaim?

    Should I tell the claimant I am filing this?

    Are there any negative consequences of doing this at all?

    Comment


    • #92
      When I say negative consequences in message above, I mean will the judge look badly on us in way?

      Both they and us have said on directions questionnaire that we want to use small claims mediation for example. Will this therefore look bad on us if we apply for default judgement now?

      Comment


      • #93
        I've also just been reading your notes on setting aside a ccj and it mentioned that if we brought a default judgement against the other side on a technicality, we might be sanctioned??? Is not providing a defence to counterclaim deemed a technicality?

        Comment


        • #94
          Personally, I would write to the otherside thanking them for the DQ and asking them if they intend to respond the counterclaim, point them to the relevant CPR and giving them 7 or 14 days to do so before you would request default judgment on the counterclaim. Then if you request default judgment and they subsequently argue the case, you can show you were reasonable and gave them every opportunity.

          It really isn't clear, particularly for LIPs, how to deal with counterclaims, and the documents the court sends out don't exactly try to give any clues that you are meant to defend with the DQ.


          " I am in receipt of your Directions Questionnaire however I note that you have failed to file or serve any reply to the Defence nor respond to the Counterclaim issued against you with either a proposal for payment nor a reason why you dispute the Counterclaim. If you do not respond to the Counterclaim within the next 7/14 days ( by 4pm on xxxx December 2018 ) I will ask the court to enter Judgment against you in default.

          I draw your attention to the following Civil Procedure Rules and the accompanying Practice Directions - Part 15 - Defence and Reply and Part 20 - Counterclaims.

          Nicey nice bit about mediation opportunities etc "







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          • #95
            Originally posted by Amethyst View Post
            Personally, I would write to the otherside thanking them for the DQ and asking them if they intend to respond the counterclaim, point them to the relevant CPR and giving them 7 or 14 days to do so before you would request default judgment on the counterclaim. Then if you request default judgment and they subsequently argue the case, you can show you were reasonable and gave them every opportunity.

            It really isn't clear, particularly for LIPs, how to deal with counterclaims, and the documents the court sends out don't exactly try to give any clues that you are meant to defend with the DQ.


            " I am in receipt of your Directions Questionnaire however I note that you have failed to file or serve any reply to the Defence nor respond to the Counterclaim issued against you with either a proposal for payment nor a reason why you dispute the Counterclaim. If you do not respond to the Counterclaim within the next 7/14 days ( by 4pm on xxxx December 2018 ) I will ask the court to enter Judgment against you in default.

            I draw your attention to the following Civil Procedure Rules and the accompanying Practice Directions - Part 15 - Defence and Reply and Part 20 - Counterclaims.

            Nicey nice bit about mediation opportunities etc "






            Thanks Amethyst, That sounds like a very sensible way forward. We still haven't received anything so I'm just drafting a letter up as outlined by you. Its so hard navigating the system when the other side don't seem to allow any rules :-(

            Comment


            • #96
              Hi all,

              We have now received a defence to our counterclaim after sending the letter Amethyst suggested we do. I was wondering if anyone could take a look at it at all? I've attached it here along with his original particulars of claim, and our defence.

              I had some specific questions also if anyone is willing to look. These are :-

              1. Did we have to tell or the court we have taken legal advice ? Also, I'm not actually a lawyer but I did write the documents on my parents behalf. They signed them and were happy with their content. Did i have to declare that i did that ? The documents came from my parents not me and I only wrote them up and did all the research on the legal side of things.

              2. He has lied about the tiles and asking us for approvals. Is this something we should tell the court ? Given its meant to be signed as truth ?

              3. He has said that there was a letter dated 4th June ( kind of can't figure out if he is referring to the letter we sent him on the 5th June as he has misquoted dates before ). Should we ask him what letter he is referring to or leave it till court time ? Worried he has made up a letter maybe ?

              4. He said he put his address on the 13th april document but he didn't. If he produces a different document with an address on it in court, what should we do ? He definitely didn't give us any document with his address on it. The document only had his name and bank details.

              5. He has said he got a trade discount. Is it sufficient for us to say that it would show on the receipt if that were the case but he hasn't produced the receipt so we can't see ? Is he right that we have no right to see this information ?

              6. Why should the people we contacted such as tile association contact him ? Is this something we should have told them to do ? We were only seeking advice from them. Same with Trading standards, they said they don't contact directly unless there is a criminal breach rather than civil one.

              Any help or feedback greatly received.
              Attached Files
              Last edited by Ssssssssss; 20th December 2018, 15:57:PM.

              Comment

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              SHORTCUTS

              Pre-Action Letters
              First Steps
              Check dates
              Income/Expenditure
              Acknowledge Claim
              CCA Request
              CPR 31.14 Request
              Subject Access Request Letter
              Example Defence
              Set Aside Application
              Witness Statements
              Directions Questionnaire



              If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.


              NOTE: If you receive a court claim note these dates in your calendar ...
              Acknowledge Claim - within 14 days from Service

              Defend Claim - within 28 days from Service (IF you acknowledged in time)

              If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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              If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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