Claim for outstanding balance: defence and counter claim

[atticus]

Sere the rule as quoted in post #14. A defence to Counterclaim should be filed and served with the directions questionnaire. That is the "timeline".

NB defence is spelt "defence".

[kupidonstars]

Sere the rule as quoted in post #14. A defence to Counterclaim should be filed and served with the directions questionnaire. That is the "timeline".

NB defence is spelt "defence".

Thank you! And apologies, my computer is auto-correcting those (either my laptop or this forum thinks defenCe is a typo! Hopefully a final question from me, if we have not received anything but have received their directions questionnaire (nothing in post, via email or on MCOL) should I call the court to confirm its not been received or can I safely assume it has not been (my experience of CNBC has so far been incredibly negative and their hold time last time was 1 hour 50 minutes to then be cut off after they answered)

[atticus]

I would never consider it safe to assume anything when it comes to court administration.

Consider applying for default judgement on your counterclaim. See CPR 20.3(3) and CPR Part 12.

[kupidonstars]

Hi there!

I wanted to ensure I left a full 28 days from when i submitted my counterclaim. I just called the court to ask if they'd received a defence.

They have received a response to the directions questionnaire (we also got a copy so all in process properly there as per my note above) but there is no defence filed to thr counter claim.

According to the (increasingly unpleasant) lady on the phone they were never told/ asked to submit a defence. I'm not entirely sure what that means. If the court did not give them information to submit a defence to my counterclaim, just a deadline to respond to the directions questionnaire (of 19th September) is it still a case of me asking for a default judgement or am I not able to as they didn't know they had to?

Am finding the helpline very difficult to deal with. Both from a knowldge perspective and in terms of their attitude to people querying things.

Apologies.

[atticus]

The CPR apply. The Court does not need to tell a claimant that it must defend a counterclaim.

Have you seen our resources for litigants in person? See the thread linked in my signature, below.

[kupidonstars]

Hi there, I just wanted to update on this as everyone has been so helpful. My default judgement was 'rejected' but only on the basis that the court had already written out to us in the meantime (our correspondence crossed over) and given the Claimant date by which to submit a defence to our counterclaim and, a few days later, listed us for a directions hearing.

There was no defence filed and the claimant did not attend the hearing. Their claim was struck out and our counterclaim upheld (?) with a hearing to be listed for level of damages. We are waiting to hear back. In the meantime we had a process running with our credit card company as a section 75 claim, which our credit card company have investigated and upheld, and have refunded us the full amount of the unit we paid for. So the court case we will now we claiming only interest between payment and refund dates, court costs, removal and disposal costs, and the (relatively small) difference between the price we paid the original Claimant (and have been refunded) and the cost for replacing it by a competent supplier (< £550 so I believe court will consider tis reasonable).

Any pointers on the above for the damages hearing welcome but fully expect Claimant not to show up again nor pay, so there will be a process after that too.

[kupidonstars]

Hi there,

Further to the above we have a hearing coming up (next week) for our counterclaim

The original claimant submitted an N244 after their claim against us was struck out for non attendance. They did not serve us with the N244 we found out only when they mentioned it in an email after we sent them a settlement offer.

I then emailed the court to ask and advise we'd not received anything.

The court have emailed me back saying the judge has decided to hear the N244 on the day of the counterclaim hearing. Apparently they have today posted this out to us with the application.

Note, we have never received the application from the Claimant.

I'm a little confused as to what this means as we have prepared and submitted our counterclaim and evidence as required for the hearing next week. We've obviously not been preparing to defend the original claim or the N244 as we've not had details.

Can anyone help re: what will likely happen on the day? Directions on the email just say: "the application will be heard on the existing hearing date"?

The heating is for 2 hours was to decide level of damages in our counterclaim.

[atticus]

You need to find out quickly what application has been made against you. I guess it is to reinstate the claim.

If that is right, the hearing will first be used to determine whether the claim should be reinstated. If it is, my guess is that the court will give directions leading to a later hearing of claim and counterclaim. If the claim is not reinstated, then if time allows, your counterclaim will be dealt with.

But find out what the application is for, and the supporting evidence.

[echat11]

Hi there,

Further to the above we have a hearing coming up (next week) for our counterclaim

The original claimant submitted an N244 after their claim against us was struck out for non attendance. They did not serve us with the N244 we found out only when they mentioned it in an email after we sent them a settlement offer.

I then emailed the court to ask and advise we'd not received anything.

The court have emailed me back saying the judge has decided to hear the N244 on the day of the counterclaim hearing. Apparently they have today posted this out to us with the application.

Note, we have never received the application from the Claimant.

I'm a little confused as to what this means as we have prepared and submitted our counterclaim and evidence as required for the hearing next week. We've obviously not been preparing to defend the original claim or the N244 as we've not had details.

Can anyone help re: what will likely happen on the day? Directions on the email just say: "the application will be heard on the existing hearing date"?

The heating is for 2 hours was to decide level of damages in our counterclaim.

Have they submitted a Defence to your Counterclaim?

[kupidonstars]

My understanding is the N244 is to reinstate the original claim for the balance they believe we owe them. I believe their argument is they didn't receive the directions hearing details.

They did not attend the directions hearing and the judge struck out their claim. It is to reinstate that claim, on the basis they did not recieve the paperwork about the court date (and submitting their defence to our counterclaim). The court confirmed at the hearing they did not attend that it was served properly/ to the correct address.

We are waiting for the court documents (hopefully by Wednesday, court says they posted their letter today) as the claimant did not send us a copy as they're supposed to but seems the judge has said he will hear it on the court date next week anyway.

[echat11]

My understanding is the N244 is to reinstate the original claim for the balance they believe we owe them. I believe their argument is they didn't receive the directions hearing details.

They did not attend the directions hearing and the judge struck out their claim. It is to reinstate that claim, on the basis they did not recieve the paperwork about the court date (and submitting their defence to our counterclaim). The court confirmed at the hearing they did not attend that it was served properly/ to the correct address.

We are waiting for the court documents (hopefully by Wednesday, court says they posted their letter today) as the claimant did not send us a copy as they're supposed to but seems the judge has said he will hear it on the court date next week anyway.

It might be an idea to prepare a Witness Statement setting out your Defence and Counter-claim, so everything is covered, then you can email the Court and the other side.

You can address the Claimant not following CPR protocol, see what the Court has instructed parties to do.

For information only - https://hallellis.co.uk/preparing-witness-statements/

[kupidonstars]

It might be an idea to prepare a Witness Statement setting out your Defence and Counter-claim, so everything is covered, then you can email the Court and the other side.

You can address the Claimant not following CPR protocol, see what the Court has instructed parties to do.

For information only - https://hallellis.co.uk/preparing-witness-statements/

Thank you very much, I will do as you suggest

We have received the N244 (from the court) and its a replay of their claim (with some inconsistencies) and their reason for non attendance is:

"In Mid-August 2025 our company relocated to a new business premises. I asked a member of staff to call the court and update our contact details. Court staff instructed us that the address change should be sent via email, which we did - to the address provided - on 8th September 2025. We submitted our completed Directions Questionnaire by email on 15th September confirming a copy was also served on the Defendants.

We received no other correspondence whatsoever in the following weeks. We were never given the opportunity to submit evidence nor were we provided with a date or location for the trial. The only correspondence we received was a General Form of Judgement, dated after the hearing, which arrived at our new address. That letter was the first time we learned tat a hearing had taken place - and that the court had entered judgement in the Defendants favour due to our non-attendance.We were shocked to receive this outcome, having made every effort to follow the correct procedure. We had informed the court of our new address and complied with all instructions provided. We received no notification of a hearing, and were therefore denied the opportunity to present our case and defend ourselves"

Which is interesting as they wrote to us on before mid-August to let us know their address change, but called the court and then didn't email the court until 8th September (their address change was late August). They received the Directions questionnaire AFTER their move and all other documents from the court except for, they claim, this one. Worth noting that on the hearing the Claimant missed the judge told us that he had checked service had been to the new address and was satisfied that it was.

Also, Our hearing for the level of our counterclaim (and the N244 application) ia week away. We have not received witness statements etc from the Claimant. We have also never received a defence to our counterclaim.

Assume they were under the 14 day obligation as we were?

[echat11]

Thank you very much, I will do as you suggest

We have received the N244 (from the court) and its a replay of their claim (with some inconsistencies) and their reason for non attendance is:

"In Mid-August 2025 our company relocated to a new business premises. I asked a member of staff to call the court and update our contact details. Court staff instructed us that the address change should be sent via email, which we did - to the address provided - on 8th September 2025. We submitted our completed Directions Questionnaire by email on 15th September confirming a copy was also served on the Defendants.

We received no other correspondence whatsoever in the following weeks. We were never given the opportunity to submit evidence nor were we provided with a date or location for the trial. The only correspondence we received was a General Form of Judgement, dated after the hearing, which arrived at our new address. That letter was the first time we learned tat a hearing had taken place - and that the court had entered judgement in the Defendants favour due to our non-attendance.We were shocked to receive this outcome, having made every effort to follow the correct procedure. We had informed the court of our new address and complied with all instructions provided. We received no notification of a hearing, and were therefore denied the opportunity to present our case and defend ourselves"

Which is interesting as they wrote to us on before mid-August to let us know their address change, but called the court and then didn't email the court until 8th September (their address change was late August). They received the Directions questionnaire AFTER their move and all other documents from the court except for, they claim, this one. Worth noting that on the hearing the Claimant missed the judge told us that he had checked service had been to the new address and was satisfied that it was.

Also, Our hearing for the level of our counterclaim (and the N244 application) ia week away. We have not received witness statements etc from the Claimant. We have also never received a defence to our counterclaim.

Assume they were under the 14 day obligation as we were?

In your Witness Statement (carefully, don't make the whole Witness Statement about the Claimant
mis-leading the Court as you have a Defence to the Claim and Counter-Claim to set out in your
Witness Statement) write a detailed, logical with timelines pointing out with evidence, that what the
Claimant says is factual. In your Witness Statement, use headings, numbered paragraphs and numbered pages.

You need an evidence bundle (correctly labeled, pages numbered), so you cross reference the evidence in the
Witness Statement the evidence i.e. Exhibit A - Directions Questionnaire, Exhibit B - Invoice etc (the Witness
Statement needs to demonstrate the relevance of the Exhibit.