Small claim against me even though paid fine

Umkomaas

I think all the detail about who to submit to and via which medium is provided in the NEWBIES FAQ sticky, post # 2. Please do check it out there. Would be a bit of a blow to miss out by not getting basic admin right.

Hayles31

Thanks so much for your help. All filed etc, spoke to court re payment.
Will let you know how I get on, may need some more input at WS stage

Hayles31

Hi
I served and filed my defence/counterclaim on 21 october, the Court sent the Claimant an order on 25 October enclosing the response pack for them to respond. The directions questionnaire doesn’t need to be filed to 13 November. What is the earliest I can seek judgment in default? Is it tomorrow? And at the same time can I ask their claim be struck out as if they don’t defend the claim then I see it that their claim should fail.

Thanks in advance

The_Deep

I invite your client to withdraw the claim within the next 7 days (ie by x date). If it does not do so then I will make and pursue my counterclaim without further notice.

LOC, the above seems to be giving the PPC a free get out of jail card if they cancel the charge.

Surely this cannot be right, the PPC needs a good kicking, why give them a free pass?

Hayles31

That LOC was sent some time ago so I have proceeded with the counterclaim now as they failed to respond but yes I probably shouldn’t have given them a chance to get out of the claim with hindsight.

But on basis of last post I did when can I look to enter judgment against them for failing to respond to my counterclaim?

Thanks

Coupon-mad

They needed to have responded to your counter claim within 14 days, IIRC, and I don't think there is provision for them to extend that to 28, for a counter-claim defence, but see what Johnersh or LOC123 say.

The_Deep

I love it when people fight back

[Deleted User]

In the absence of agreement, I would agree that it ought to be 14 days for the Reply to the Defence and Counter claim to be served.


I reckon that you are good to apply for default judgment on Friday 10/11/17. This is based on service of both the Defence and Response Pack (the latter being sent later) being completed by 27/10/17. Obviously no hearing required.


The problem you have is that there is no claimed amount of your legal costs in the Counterclaim, which you can seek as a judgment in default. If you want to claim unspecified hourly rate costs that will require a hearing, I suspect. You may be better off with an Order as below, claiming merely the Court fees, which would potentially optimise this going through on the papers, like the PPCs are so adept at doing.


ORDER

1. That the Claimant's claim be dismissed

2. That the Claimant having failed to submit a Defence to the Defendant's Counterclaim, do pay to the Defendant within 7 days of this Order the sum of £500 in respect of damages for breach of the Data Protection Act 1998 and misuse of personal data as claimed.

3. The Claimant do pay the Defendant's Court costs of [£ ]

Hayles31

Thank you so much, should I also add something about dismissing their claim as if I’m successful with getting a judgment then surely their claim must fail?

Thanks

Hayles31

Also for some reason I’ve had a letter from court saying that given my claim was 300 that I’ve overpaid the court fee and they have reimbursed me 10 pounds. I’ve checked my paperwork and I definitely stated 500 so not sure what’s happened. Paid 35 and they say I should have paid 25