defence is struckout

Cpu2007

Hello everyone

I know this might not be the right place to post this but I have some problems understanding a letter that I've received and would like to know if someone can clarify it for me.

Recently I made a claim against a person who I was buying a business from but because of some tricks that he played with me I decided not to buy the business; however I lost around 2000£ and tried to claim that money back

I have received a letter that says:

it is ordered that:

The defence/counterclaim is struck out . the claimant is at the liberty to enter judgement.

This noticed is pursued... etc.


I don't really understand the meaning "defence/counterclaim is struckout ...." what exactly it means and what actions do i have to take?

Cpu2007

any idea about it?

nikki1520

Its not very clear form your post.

Did you sue the other party? That makes you the claimant. A counterclaim is one made by the defendant in response to the original claim.

For example, you sue the other party for £2000. He counter sues you for £3000 (as he says that's what he's lost) Assuming this is the right way round for your case, this counterclaim or the offered defence has been dismissed by the court as not having any merit.

Best probably to phone the court. Have you had a hearing yet?

Cpu2007

nikki1520 wrote: »

Its not very clear form your post.

Did you sue the other party? That makes you the claimant. A counterclaim is one made by the defendant in response to the original claim.

For example, you sue the other party for £2000. He counter sues you for £3000 (as he says that's what he's lost) Assuming this is the right way round for your case, this counterclaim or the offered defence has been dismissed by the court as not having any merit.

Best probably to phone the court. Have you had a hearing yet?

Yes that's right. I have sued the other party for the £2000 and they have claimed back.Then recently I've received this letter so wasn't sure whether it was the other party or myself who had to take action.

I now believe that is the other party who has to reply to the court.

Didn't have the hearing yet.

timjim

I believe that it is saying that the claimant, you, now just ask the court to enter judgement as they have dismissed the counterclaim by the defendant

Cpu2007

timjim wrote: »

I believe that it is saying that the claimant, you, now just ask the court to enter judgement as they have dismissed the counterclaim by the defendant

well shouldn't be the defendant in this case who should apply to enter judgement?

if I don't apply and neither he does then wouldn't the court work in my favour as I haven't received any letter saying that my claim was struck out.

nikki1520

I think you have misunderstood - if the counterclaim has been struck out, you have won the case. In order for you to start enforcement proceedings, you have to make sure the judgement is entered. This means that a judgement is issued in your favour

If you do nothing, then neither will the court.

Cpu2007

Thank you for clarifying. I'll contact the court as soon as possible.