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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 3588
Experience:  Solicitor
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I made an application to the court for losses associated

Customer Question

I made an application to the court for losses associated with a supply of goods in 2009.
The claim was deemed by the defendants barrister to be out of time and attempting to readdress an earlier judgement in 2012 that went against me, they also issued a counterclaim. In appreciation that I could not successfully proceed with the claim I wrote to the claim court that I did not want to proceed with the claim. I also did not reply to the further court enquiries because I had already written to them cancelling the application. A judge read the basic application that I had made and their defence/counterclaim and struck out my application, yet allowed the counterclaim to continue. How do I stop the counterclaim on an application that I cancelled and where the defendant wishes to impose a more onerous penalty on me that the original court case provided.
Submitted: 7 months ago.
Category: Law
Expert:  Jamie-Law replied 7 months ago.

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

When was the order striking out your claim?
What is the value on the counter claim?

Customer: replied 7 months ago.
attached pdf file giving the dates that you requested also background to assist***** *****
Expert:  Jamie-Law replied 7 months ago.

Thanks. Its bad news I am afraid - you have brought a claim, they issued a counter claim. Your main claim stopped.

BUT that does NOT automatically stop the counter claim.

The matter will then proceed to Court JUST on the counter claim.

That counter claim is like a new claim and will stay through the system until it is heard.

So in short the matter will go to Court just in the counter claim only.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?

Customer: replied 7 months ago.
in that I cancelled the claim in advance of the initial consideration but the court process failed to address it in time.
Can I appeal against that decision to allow the counterclaim
Expert:  Jamie-Law replied 7 months ago.

That does not matter. The counter claim will still go ahead.

I am sorry, but does that clarify?

Customer: replied 7 months ago.
can I look at this over the weekend.Are there any other avenues open.
This will result in an addition £5000 punishment .... and he will make sure I have it.
Expert:  Jamie-Law replied 7 months ago.

Sadly not. But the Court will decide whether you have to pay the £5000

The Court may find that you do not have to pay it.

I am sorry. But it is the legal answer.

Can I clarify anything for you?

Expert:  Jamie-Law replied 7 months ago.

If this answers your question could I invite you rate my answer 3, 4 or 5 stars before you leave today.

I am only paid for my work on this question if you rate my answer, using the star system at the top of the screen. Please do not forget! Thank you.

Please bookmark my profile if you wish for future help.

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