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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3974
Experience:  Solicitor
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I have an ongoing N1 money claim. The defendant sent me a

Customer Question

I have an ongoing N1 money claim.
The defendant sent me a copy of their defense and counter claim. I replied to the directions questionairre issued by the court but received no counterclaim papers from the court.
I have not filed a reply to their defense (nothing to add) but did not realise that I should file a defense to their counterclaim. Should the court have sent me documents showing that a counterclaim was issued and does my 14 days start from then or does the fact that the defendent sent me a copy of his counterclaim start the clock on my defense to counterclaim ?
The problem is that I got the copy of the defense and counterclaim on 19th July and the defendant says that they will now ask for a judgment in default on the counterclaim as no defense was filed !
What should I do to defend the counterclaim and avoid having judgment in default of my defense ?
Submitted: 10 months ago.
Category: Law
Expert:  Jamie-Law replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

What is the value of your claim and their counter claim?

Customer: replied 10 months ago.
Our claim £298 plus court fees. Their counterclaim £298 plus court fees.
Expert:  Jamie-Law replied 10 months ago.

Has the claim been allocated to track?

Customer: replied 10 months ago.
SCT
Expert:  Jamie-Law replied 10 months ago.

ok. Then I wouldn't worry about it. Unless the defendant has applied for judgment then you need not be concerned.

The matter has been allocated and will be set down for trial soon.

You could just file a defence now if you wish. But if it's been set down for hearing I would not be concerned.

Can I clarify anything for you about this today please?

Customer: replied 10 months ago.
Very clear answer and thanks for the speed of the reply.
I may have mislead you when saying it HAD been allocated to SCT.
I just checked my paperwork and I have a "NOTICE of PROPOSED ALLOCATION to the SCT". I have a copy of the defense Directions questonaire and they say "they agree to allocation to SCT".
I have already been contacted by the SC Mediation service.
Forgive my paranoia but does this mean the case HAS been allocated to SCT and I can stop worrying or might it still be pre allocation and thefore the S20 claimant could frustrate matters by filing for a default judgment.
Expert:  Jamie-Law replied 10 months ago.

Ah no, not yet. You would get a court order saying allocation had taken place.

In that case just file and serve a defence now. You can do this before the defendant asks for judgment.

Does that clairfy?

Customer: replied 10 months ago.
thanks for your help and I will file a defense tommorow
Expert:  Jamie-Law replied 10 months ago.

All the best. If I could ask you to rate my answer before you go today, otherwise the site does not pay me for the time spent with you today. Thank you in advance and good luck!

Jamie-Law and 3 other Law Specialists are ready to help you
Customer: replied 10 months ago.
I received a offer to settle for the defendant which is a complete capitulation to the financial element of my claim. I uploaded it and hope you can see it.
I am loathed to accept it as the settlement agreement will not confirm their liability and gag me from telling others about the decision. I have many other I would like to tell of my success who have much more at stake.
The settlement has NOTHING to do with economics as the claim was for £300 and they have already paid Pinsent Masons senior associate about 5 hours work. (over £1000). The defendant cant afford to have a public domain ruling against them as thousands of other customer could make a claim. I need a quick discussion on what the worst case scenario might be re costs if I reject their settlement on the grounds that I wont be gagged and want the matter decided on legal merit not compromise.
Expert:  Jamie-Law replied 10 months ago.

Do you have a number you want to chat on?

Customer: replied 10 months ago.
I sent it via the live discussion link and also sent a PDF of the without Prejudice offer.
My Number is ***** 260800 and I hope this message is not public domain?
Adr***** *****g
Expert:  Jamie-Law replied 10 months ago.

Thanks.

Expert:  Jamie-Law replied 10 months ago.

Is the number correct? I have tried and it disconnects.

Customer: replied 10 months ago.
Sorry 01727 260800 but use 01727 260861 as my direct dial
Expert:  Jamie-Law replied 10 months ago.

When would be good to call?

Customer: replied 10 months ago.
any time today before 18:00 or give me a time and I will make sure I am there!I just received a Tomlim settlement agreement and draft court order. I attache the settlement agreement FYI
Expert:  Jamie-Law replied 10 months ago.

Thanks.