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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have submitted a claim via the small claims court against

Resolved Question:

We have submitted a claim via the small claims court against an IT development company a few months ago. Upon submission of the claim, the IT development co responded with a counterclaim. My question is in regards ***** ***** counterclaim.
The small claims court gives you a specific amount of time to respond to the counterclaim, however due to postal issues we received the letter late. We contacted the courts and they were happy for us to deliver the completed forms ASAP due to a set amount of leniency that is allowed for postal deliveries, etc. As such, this has been accepted by the county court.
The legal team of the IT development co have responded by stating they have applied for a default judgement and have said this is guaranteed to be accepted due to our late submission. Are they correct?
From what I can see, rule CP10 states that a default judgement cannot be applied against a counterclaim and also for a default judgement to be awarded, the IT development co require a strong case, which we don’t believe they have.
My question is therefore this: How likely is it that a default judgement will be awarded or are they trying to scare us to settle out of court early due to the lack of their case strength?
Many thanks and kind regards
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : Have you filed your counter claim defence yet please?
JACUSTOMER-zsrumvg1- :

Hello.

JACUSTOMER-zsrumvg1- :


Yes we have responded to the counterclaim. The counterclaim was made by the IT development comany that we have issued a case against

Alex Watts : Ok, but did you file a defence as such?
Customer:

Yes, we filed a defence / response to the counterclaim which we handed in personally to the county court office.

Customer:

This defence was disputing their counterclaim

Customer:

Is this what you mean?

Alex Watts :

Ok.

Alex Watts :

Then even if you are late filing that, the Court will consider that as a defence.

Alex Watts :

Therefore if you have filed a defence, even if late, the Court WONT enter Judgment on the counter claim

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

So, just to clarify.

Alex Watts :

Yes?

Customer:

we entered a claim, defendant raised counterclaim which we only received on day we were due to respond, we hand delivered a day later and this was accepted so the default judgement wont be automatically applied

Alex Watts :

Correct

Alex Watts :

The court will check to see if you have filed a defence, if you have even if its late the Court wont enter Judgement

Customer:

brilliant, and thank you so much for this, have a great Xmas and new year

Alex Watts :

And you. If this does answer your question can I ask you to rate my answer before you go - the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply.

Customer:

of course

Alex Watts :

Thank you and have a good Christmas break

Alex Watts :


If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



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