Defendant filed a counter-claim, But no order was made by the court that I had to file a defence.

waamo

October868 wrote: »

Thankyou for confirming that.


In that case I will ofcourse send a letter tomorrow requesting that this 'judgement' be set aside.


Ultimately the defendant's entire counterclaim is just jibberish and nonsense anyways (with no basis in legality or even reality).

You don't "send a letter". You need to fill out form N244

da_rule

You need to read the CPR which covers set aside as it isn’t just about the merits of the claim (or counterclaim). You also need to address why you didn’t reply in accordance with the rules.

You’ll also see that this is treated as an interim application and therefore needs to be on the correct form and accompanied by a £255 fee.

BoGoF

October868 wrote: »

Thankyou for confirming that.


In that case I will ofcourse send a letter tomorrow requesting that this 'judgement' be set aside.


Ultimately the defendant's entire counterclaim is just jibberish and nonsense anyways (with no basis in legality or even reality).

On what grounds?

October868

Hello and thankyou for all your information provided thus far.

As no actual judgment has been made of yet (instead the letter states that a judgement will be made at the hearing itself), I don't know if there is any requirement to file an N244 form yet (since there isn't yet any judgement to request to be set aside yet).

But so I am instead going to write to the court, requesting that my defence to the counterclaim actually be heard at the hearing/the defendant be required to provide evidence to support their claim, on the basis that "I have a reasonable chance of successfully defending the counterclaim, specifically as the evidence & defence (which I did already provide as part of my witness statement before I received this notification letter) clearly shows that the defendant's entire counterclaim is utterly baseless, and is a direct violation of multiple regulations of the Consumer Rights Act".


The defendant previously had a CCJ set-aside/and 3rd party debt-order also revoked purely on the defence claimed by her that " she had a reasonable chance of successfully defending the claim",
and so hopefully that will also be granted to me.
*Especially as I'm not seeking to even 'set aside a previously made judgement/delay the hearing date, like she did, I instead am simply requesting that my already submitted defence to her counterclaim actually be heard & considered at the hearing in November.

Bermonia

Good luck... you’re going to need it, if you completely ignore some of the advice you’ve been given on here.

October868

Hello which advice have ignored please?


I am making my request to the court in the basis of ''me having a reasonable chance of successfully defending the counterclaim".


And in regards to if I am at this stage required to file an N255 (before a judgement is made), I am writing to the court to request clarification on that.
(If they state that I do need to file an N255 even at this stage I ofcourse will do so).


But so I am confused as to which advice you say I have ignored please?

Fosterdog

You cannot claim breaches to the consumer rights act, this was a business to business transaction so you are relying on contract law.

October868

When I entered I into the agreement/contract with the defendant she was operating as 'a business', but my capacity was as 'a customer' who was ordering custom-designed digital products from her.
*The defendant herself even described me as ''a customer" in her own defence statement.



(I only setup myself as an actual business weeks/months my contract with her).

davidmcn

October868 wrote: »

When I entered I into the agreement/contract with the defendant she was operating as 'a business', but my capacity was as 'a customer' who was ordering custom-designed digital products from her.
*The defendant herself even described me as ''a customer" in her own defence statement.

(I only setup myself as an actual business weeks/months my contract with her).

Businesses can be customers of other businesses. That doesn't make them "consumers" for the purposes of consumer rights legislation.

What were these custom-designed digital products?

steampowered

Is this in small claims track?

If so, I would expect the judge to exercise common sense at the hearing.

The reality is that judges tend to use common sense rather than the technicalities of the CPR at county court level, particularly in small claims track.