PCN, driver not registered keeper DCBL

Nosy

I found this.

Conditions to satisfy for default judgement

12.3

(b) in a counterclaim made under rule 20.4, where at the date on which judgment is entered a defence has not been filed,

and, in either case, the relevant time limit for doing so has expired.

(Rule 20.4 makes general provision for a defendant’s counterclaim against a claimant, and rule 20.4(3) provides that Part 10 (acknowledgement of service) does not apply to a counterclaim made under that rule)

Coupon-mad

If they haven't defended the counterclaim after 14 days plus 2, from when they got it, you will be filing a N225.

Nosy

When should this n225 be filed?  they still don't have defendant’s n180 form on record.

The claimant have failed to send a copy of their n180 form to the defendant but the contact center said today it can take up to 5days for paperwork to be uploaded to their systems. So although they failed to send the defendant the n180 form they might have sent a defence to the Counterclaim but too early to say. Not sure how weight  alone it would add for the defendant to argue the claimant not serving a copy to the n180 form as requested by the court. 

Strange because the contact center are saying different things 

nosferatu1001

You file it NOW. NOW. Do not delay, we keep saying DONT delay!
They still had to serve YOU with a copy of their defence to CC, and havent. So file away.

Nosy

Ok, thanks, will do this. I didn't know that they had to send me a copy of their defence to my counter claim 

Coupon-mad

Yes they do, within 14 days plus 2 days, of the date they got it. 

If you KNOW they had your defence on x day (do you...sometimes courts muck up counterclaims, I've seen it twice now) then you know what date their deadline was.

nosferatu1001

So have you filed yet? every day you fail to do so is a day for them to get their defence in
If they do you then have to argue a harder task
I dont know how many more ways to say this but it is important you file it NOW, TODAY, IMMEDIATELY. 

nosferatu1001

And of course they had to send you a copy of the defence! EVERYTHING is copied to court and the other party, always. The single exception is filing a defence to a MCOL started claim, because the CCBC sends the defnece to the claimant. Every single other time you send to court and other party to claim./ Every time

Nosy

I have sent them an email to request default judgement whilst i send N225 form. 

Not sure if i should note the defendant as claimant here??  because if i list as the defendant then i can't tick the first box in section A.

Coupon-mad

Hmmm...we've had trouble with this before but you are still the defendant, so put (and counterclaimant) in brackets and make it clear in your covering email that this is to enter a default judgment on the counterclaim.