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you are focusing on an issue that really shouldn’t be your main focus. You have been served with a defence and counterclaim, you should be concerned with filing your reply and defence to the counterclaim. The fact that the counterclaim is for a value that lends this matter in the multi track means you cannot delay filing the DQ and you ought to file the reply and defence within 14 days of getting the defence otherwise you will be hit with costs. The matter would not continue as part 8 even if that had been the intention because there is clearly dispute of fact that requires to be dealt with under part 7. The multi track gets very complex procedurally so please consider engaging a solicitor or public access barrister to file the reply and defence to counterclaim without delay. The court would notify you expressly if the claim that you have started under part 7 is now under part 8 and the reasons. The defendant has a solicitor draft their defence and they would have expressly requested to the court to change from part 7 but I doubt it would happen given the apparent disputes. I hope this helps.
Hi thank you for your further information. You cant appeal the mutli-track allocation if the counterclaim brings the combined value of the claim being considered by the court above £25,000.00.
Well, that is true, I would just say to get a financial adviser to speak to you about the implications of going bankrupt. The bank may have one that can meet you for free, or the citizens advice bureau could also advise. It can be quite disabling.
All the very best