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Not responding to a counterclaim and defendant's defence statement ?

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  • Not responding to a counterclaim and defendant's defence statement ?

    Representing myself and not being a lawyer thinking Small Claims where designed for this and I have abided by all court's requests and procedures so far, meeting all deadlines.
    Court had not ordered any response/defence to the counterclaim nor the defence statement I had received.
    I was awaiting direction from court and it was stated in previous letter, 'Notice of Allocation', to fill in the N180 form only and await further instructions from court. There was nothing of any sort ordering me to respond to defendant's defence and counterclaim within any letter.
    Tags: None

  • #2
    Any advice will be hugely appreciated.

    Comment


    • #3
      Hiya, We might need a bit more detail.

      You've brought a case against someone through small claims court.

      They've defended and counterclaimed.

      You haven't filed a defence to the counterclaim? Have they got default judgment on that ?

      You've got a directions questionnaire for the original claim ?

      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Good Morning.
        We have brought a case against an individual through small claims and with a hearing date on 12th November 2018.

        Deadline for the all our evidence was 15th October 2018 16:00 which we met.

        They have defended and counterclaimed, yes.

        I was not aware to defend an counterclaim as court had not ordered me to find a defence. never do this before.

        Not being notified of Default judgement, paperwork is with judge today and tomorrow as contacted court describing my situation, I will need to call the court again tomorrow once paperwork returns from judge so they may check if they sent the correct paperwork out to me. I am presuming court need to order me to send my defence to counterclaim and defence (strange as if am the initial claimant who sent in evidence).

        I should have the original directions questionnaire for original claim as kept all documentation in a folder.

        Comment


        • #5
          I really appreciate your speedily response and help

          Comment


          • #6
            On the counterclaim from my defendant, I am presuming the defendant becomes the Part 20 Claimant ?

            If so, I presume they need to send a new/seperate Directions of Questionnaire of their own, to me, who is now become the Part 20 defendant ?

            I did not receive a N180 (Directions of Questionnaire) with their defence and counterclaim ....

            But had received the N180 for my original claim.

            STRESSING

            Comment


            • #7
              I'd wait to hear from the court for the moment then if the Judge is looking at the case. With the counterclaim yes the defendant becomes the part 20 claimant and you become the part 20 defendant ( it gets terribly confusing, but in essence they are separate claims )

              You have filed a N180 though, as you wouldn't be at the stage you are at with witness statements/evidence being exchanged and a hearing being set otherwise. There shouldn't be a need for a further one. Any idea if the Defendant paid a fee for the counterclaim at all ?

              Did you use the new moneyclaim service or the old one do you know? ( old one is https://www.moneyclaim.gov.uk/web/mcol/welcome new one is https://www.moneyclaims.service.gov.uk/ )
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Good Morning,

                I had an non specific amount of money to claim, so was told to use the snail trial, sending the hard copies in and did not use the MCOL. Had too much evidence as well to send.

                it States the defendant's payment to follow via solicitors DX for counterclaim.

                Sorry, but did the defendant need to send a N180 with his counterclaim as it is dealt as a new claim ? I did not receive the defendant's N180 nor any other Defence or counterclaim official documents. The only thing I received was his solicitors letter head and the defence/counterclaim, nothing else to prompt me to take any further action.

                Comment


                • #9
                  [You've got a directions questionnaire for the original claim ?]
                  You asked me the above question, any reason why you asked ?

                  Comment

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