Duplicate claim confusion

[firmin]

Received a claim in June 2019 from a payday lender which was an exact duplicate of one they submitted in July 2018. The first claim was struck out for non-compliance. I acknowledged the claims and submitted a defence stating that this was a duplication (with in fact fewer details) of the first claim and that it should be struck out on the basis of the failure of the first. Surprised to receive yesterday notice of allocation to the small claims track with a hearing in March 2020. The notice also states that the claimant must pay the trial fee of £115.00 by 20th February 2020 otherwise the claim will he struck out by that date. I'm very confused as what to do next - do I stick with the defence and see if the claimant folds? Do I somehow revise to the defence submitted first time round (i.e. no details of claim provided, no default notice served, no acknowledgement of the debt)? Or do I have to apply for the strike-out on the basis of duplication? Any advice much appreciated.

[jaguarsuk]

Received a claim in June 2019 from a payday lender which was an exact duplicate of one they submitted in July 2018. The first claim was struck out for non-compliance. I acknowledged the claims and submitted a defence stating that this was a duplication (with in fact fewer details) of the first claim and that it should be struck out on the basis of the failure of the first. Surprised to receive yesterday notice of allocation to the small claims track with a hearing in March 2020. The notice also states that the claimant must pay the trial fee of £115.00 by 20th February 2020 otherwise the claim will he struck out by that date. I'm very confused as what to do next - do I stick with the defence and see if the claimant folds? Do I somehow revise to the defence submitted first time round (i.e. no details of claim provided, no default notice served, no acknowledgement of the debt)? Or do I have to apply for the strike-out on the basis of duplication? Any advice much appreciated.

I would apply to strike out the claim using the previous order as an exhibit to my witness statement and requesting costs of the application be ordered to be paid by the Claimant to the Defendant.