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Claimant not replied to counterclaim

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  • Claimant not replied to counterclaim

    We are the defendants in a frivilous claim, in which the claimant has appeared to make quite a few mistakes in relation to CPR e.g. LBA not containing sufficient detail, unwillingness to make any attempt to negotiate with us

    They have made a claim of £12k, which has been obviously allocated to the Fast Track. We filed our counterclaim to the value of approx £3.5k and wrote it in such a way that if their claim is to be struck out that we may have a chance to be able to still run our counterclaim.

    The claimant has not responded to the court's demand for draft instructions nor file their response / defence to counterclaim. 3 weeks have elapsed since the 28 day deadline

    What should we do next? Do we submit a N224 for our counterclaim?

    Many thanks for your help in advance!
    Tags: None

  • #2
    Originally posted by JJMW View Post
    We are the defendants in a frivilous claim, in which the claimant has appeared to make quite a few mistakes in relation to CPR e.g. LBA not containing sufficient detail, unwillingness to make any attempt to negotiate with us

    They have made a claim of £12k, which has been obviously allocated to the Fast Track. We filed our counterclaim to the value of approx £3.5k and wrote it in such a way that if their claim is to be struck out that we may have a chance to be able to still run our counterclaim.

    The claimant has not responded to the court's demand for draft instructions nor file their response / defence to counterclaim. 3 weeks have elapsed since the 28 day deadline

    What should we do next? Do we submit a N224 for our counterclaim?

    Many thanks for your help in advance!
    If the time has passed, then you can apply for judgment on the counterclaim. It would be on the usual request for Judgment on an N225 id suggest https://www.gov.uk/government/public...ecified-amount as the N225 is for specified amounts which it seems your counterclaim is for
    I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Pt@roachpittis.co.uk .

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

    Comment


    • #3
      Thankyou, I meant a N225 - been a long day already!

      Is there an art to writing the N225? I've managed to research on here that there is no fee associated to submitting this which is an assurance

      Comment


      • #4
        Originally posted by JJMW View Post
        Thankyou, I meant a N225 - been a long day already!

        Is there an art to writing the N225? I've managed to research on here that there is no fee associated to submitting this which is an assurance
        Theres absolutely no art to it at all. Fill in the boxes that need filling and away you go

        holler if you need any help
        I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

        If you need to contact me please email me on Pt@roachpittis.co.uk .

        I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

        You can also follow my blog on consumer credit here.

        Comment


        • #5
          Thankyou, I will do that now

          For the purpose of that form, would we become the Claimant in the Claimant v Defendant fields as it is in respect of our counterclaim?

          Comment


          • #6
            Originally posted by JJMW View Post
            Thankyou, I will do that now

            For the purpose of that form, would we become the Claimant in the Claimant v Defendant fields as it is in respect of our counterclaim?
            yes, you are the part 20 claimant but ensure that you that you explain all this in the covering email or letter tooo
            I work for Roach Pittis Solicitors. I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

            If you need to contact me please email me on Pt@roachpittis.co.uk .

            I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

            You can also follow my blog on consumer credit here.

            Comment

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