Defence & Counterclaim after Order "striking out"

[Debbie1608]

In November 2023 I bought a new kitchen. On day 2 I halted the installation due to "lack of care & skill". The kitchen company are a family run business and were very aggressive. I initially paid a deposit of £5100, balance due upon completion of installation. The company issued a claim against me via MCOL for the outstanding balance even though I have been left with no functioning kitchen. I issued a Defence & Counterclaim. The claim was transferred to my local Court. Since March 2024 they have denied receiving any papers from the Business Centre and in September asked me to send copy documents so that they could make up a new file and submit to the Judge. The Claimant has failed to comply with 2 Orders to file & serve their Directions Questionnaire. Accordingly, I notified the Court seeking further directions. I have now been advised that the Claimant's claim has been struck out. I have been advised by the Court to email them again seeking directions in relation to my Defence & Counterclaim which included an Expert's report.

Can anyone advise please?
Are the Court at fault given that the documents were on the file?
Am I to assume that my Defence & Counterclaim etc were put before the District Judge?
If I have to make a fresh application, who is responsible for costs given that I have paid Court costs for the initial Defence & Counterclaim.

Thank you

[Pezza54]

If you paid a court fee for your counterclaim it should stand and go ahead.
Did the court order state that the both the claim and counterclaim are struck out?

Did the claimant file a defence to your counterclaim?

[Pezza54]

I suffered a similar situation with mislaid court documents
You should collate all papers relating to your counterclaim and send a copy to the county court with a letter stating these are the documents requested. Documents concerning the claim have not been forwarded as the claim has been struck out.
If your counterclaim features in the same document as your defence, you will have to include the defence

[Debbie1608]

If you paid a court fee for your counterclaim it should stand and go ahead.
Did the court order state that the both the claim and counterclaim are struck out?

Did the claimant file a defence to your counterclaim?

(a) I paid the Court fee via MCOL in March 2024

(b) Court Order only refers to the Claimant failing to file and serve a Directions Questionnaire and as such Claim has been struck out in.

(c) Claimant did not file a Defence to my Counterclaim, nothing further has been received from the Claimant since March 2024. They failed to file a DQ in March 2024 and were granted a further opportunity to file a DQ by October 2024, which they failed to do. My email to the Court advised them as such hence an Order to strike out was served

(d) Lady at the Court didn't know what was happening re my Defence & Counterclaim and advised me to email seeking further Directions, which I've done.

Thanks again for your help, very much appreciated