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JustAnswerKM
JustAnswerKM, Solicitor
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Experience:  Court of Protection, civil litigation, divorce and inheritance
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Received a counterclaim to my small money claim. What do I

Customer Question

Received a counterclaim to my small money claim. What do I do now? The counterclaimant said she would provide details in 28 days. How can I respond if I do not have any evidence from her yet?
Submitted: 9 months ago.
Category: Law
Expert:  JustAnswerKM replied 9 months ago.
Good eveningThank you for your message. The simple answer is, you do not need to do anything at the moment, you have simply been notified that the opposing party will be submitting a counterclaim (they have paid the fee) and just like you had 14 days to provide the particulars of claim after service of the claim form (but you may have just sent them together), the opposing party has a little bit more time; 28 days to provide particulars (details) of their counterclaim. You can then respond to the counterclaim once you receive it. I hope that helps. Best of luck, Kind regards ***** ***** rate my answer so I can be credited for it.
Customer: replied 9 months ago.
Oh no- where did I have to send the particulars too? Did I have to send them to the court as well?
Also, how can I then give evidence to their counterclaim? Thank you
Customer: replied 9 months ago.
also, In one form I have the possibility to now file a counterclaim against it and also I have to fill out the section questionnaire .
So I do not think that doing nothing is the right answer here...
Expert:  JustAnswerKM replied 9 months ago.
If you did the claim online and it was a simple money claim, you may have already done the particulars of claim on the claim form. Take a look at the front page. Some parties type it up on a separate piece of paper if there is a long list of issues raised. It would have been sent to the Court. You would reply to the counterclaim in writing with numbered paragraphs in response to all the points raised in the counterclaim. Ensure there is a statement of truth at the bottom 'I believe that the facts stated in this reply to counterclaim are true' then sign and date it. Send it to the Court and the opposing party.You can't do anything without the full details of the counterclaim. Once you receive the counterclaim you can then do something. You can if you wish respond to the Court and the opposing party that once you receive the counterclaim, you will be submitting a response and subject to the details, you will decide whether a counter claim by you is appropriate. That should keep your mind at rest informing all parties of your intentions. Thanks Krystel
Customer: replied 9 months ago.
So I can make a counterclaim to their counterclaim?
Customer: replied 9 months ago.
Their counterclaim is of course stating a date and they adv that they will give their particulars within the necessary 14 days following this response. So I need to d exactly the same. This law system is ridiculous !!!
Customer: replied 9 months ago.
Also, one of the forms is an acknowledgement of service- which means she has 28 days to get the particulars together. Do I still need to answer within 14 days here too or can I wait 28 days also?
Expert:  JustAnswerKM replied 9 months ago.
You would only provide a reply or defence to the counter claim not counter claim to counter claim. If the counter claim raises issues that identify a separate claim, the Claimant would typically submit a fresh claim. It would be very difficult for the Court to follow so many claims over lapping each other. Yes your reply or defence has to be submitted within 14 days. Unless you are familiar with the Court system, it's always advisable to seek legal advice or guidance for each stage. Always follow Court Orders and deadline dates to avoid a judgement being made against you. Take a look at the official Justice website for full guidance on Court proceedings: www.justice.gov.uk Thanks Krystel Please rate my answer so I can be credited for it
Customer: replied 9 months ago.
So if i write an acknowledgement of service I then have 28 days to hand my particulars in after the 14 days of defence?
Expert:  JustAnswerKM replied 9 months ago.
Just to be sure, you are the Claimant in the proceedings? The rules state:"Part 10 (acknowledgment of service) does not apply to a Claimant who wishes to defend a counterclaim" Krystel
Customer: replied 9 months ago.
But how can I defend it within 14 days if the defendant (who issued a counterclaim and a acknowledgement of service will have 28 days to get the particulars sorted?
Expert:  JustAnswerKM replied 9 months ago.
From the date you received the acknowledgement of service, you have 14 days to send that back to the Court and a copy to the Defendant. You can then send your reply/defence (in the form of particulars) as soon as you receive the Defendant's FULL particularised counterclaim. I hope that makes sense. Krystel

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