• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Defence & Counterclaim after Order "striking out"

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Defence & Counterclaim after Order "striking out"

    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


    Tags: None

  • #2
    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?

    Comment


    • #3
      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

      Comment


      • #4
        Originally posted by Pezza54 View Post
        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

        Comment

        View our Terms and Conditions

        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
        Working...
        X