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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I have a county court claim filed using MCOL(not a small claim)

Resolved Question:

I have a county court claim filed using MCOL(not a small claim) against a builder who abandoned a building project after collecting several stages of payments. Subsequently his JCT contract was terminated by giving him 1weeks notice according to terms and conditions.
A county court Claim was filed by me. This was followed by a defence and counterclaim by the builder. The Claim was transferred to a local court. I haven't had the allocation questionnaire sent to me yet. I was planning to send reply to defence and defence counterclaim along with allocation questionnaire. Should I be writing to the court Manager as it is 2 months down the line?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is Tony.

tdlawyer :

Yes, it's always worth writing to the Court to chase it up - they do take a little longer than usual these days due to backlogs and lack of recources.

tdlawyer :

The only point I would make, is that you need to make sure you filed a defence to the counterclaim if you intend to defend the counterclaim, as you don't say whether you did that in your question.

tdlawyer :

I have cases in which I have waited for 4 months for the court to respond, which is ridiculous, but these days they do seem to take a while to respond in some courts.

Customer:

Thank you. Is there a time frame as to when defence to counterclaim ought to be filed, I was under the impression this should be at the time of allocation questionnaire but will get started straight away

tdlawyer :

A defence to Counterclaim needs to be filed within 14 days of service of the counterclaim on you.

tdlawyer :

If you fail to do it within this time, you risk them applying for judgment in default.

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