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Procedure for Defence to Counterclaim

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  • Procedure for Defence to Counterclaim

    Hi

    I'm a newcomer to this site but really hoping that someone can help me as I'm starting to pull my hair out with the stress.

    A couple of weeks ago I submitted a money claim online for a non-payment of invoice. The client is an absolute a@#e and is doing all of this because he can and this is the kind of thing he does all the time - I'm not the first person he's done it to and I won't be the last. Anyway, he has submitted a counterclaim which I now need to defend which is not too difficult in terms of facts.

    My question is, how should I refer to myself in section 3 of the defence and counterclaim form (N9B) - should I call myself the defendant or do I remain the claimant???

    Any help would be gratefully received
    Tags: None

  • #2
    The technical term for you is a Part 20 Defendant, but refer to yourself as the Defendant for the sake of simplicity. I'd recommend using a separate word document because that is an opportunity for you to reply to the Defence as well as the counterclaim. So the document is "Reply to Defence and Defence to Counterclaim"

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    • #3
      Thank you so much for your prompt response. Thank you also for your recommendation - I had tried to provide separate response and defence but there was so much repetition in the counterclaimants defence and counterclaim that it was becoming a confusing and heavy read. For this reason, I have stuck to using the form.

      Could you also confirm whether it is just N180 directions form which needs to be served on the other party or also my completed N9b.

      Comment


      • #4
        You've probably figured by now, but you'd need to send just the Defence and Counterclaim (with your fee, of course). The court will provisionally allocate it to a "track", typically decided by the money value of the claims, and you'll then be told when to file the N180.

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