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County Court Claim - Defence + Counterclaim

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Comments

  • Coupon-mad
    Coupon-mad Posts: 150,170 Forumite
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    edited 12 January 2022 at 8:23PM
    Allegations in a court claim that are not defended are deemed accepted.

    Says so in the Civil Procedure Rules -  or you could Google that and read some good articles about that rule of law, such as on the website Civil litigation brief.

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  • Allegations in a court claim that are not defended are deemed accepted.
    Got it, thanks.
    They have only defended the "harassment part" as per their defence and proof of stress.
    Spoke to my employer and they are happy to draft a letter for distress and some leave that was taken.
  • Redx
    Redx Posts: 38,084 Forumite
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    Your hearing fee goes to the actual county court , after they contact you , nothing to do with the CCBC , everyone gets their cut
  • Redx said:
    Your hearing fee goes to the actual county court , after they contact you , nothing to do with the CCBC , everyone gets their cut
    I see. So i wait for the actual court to get back to me now.
    No point in me contacting the local court?

    Moreoever, seeing as they dropped the claim, me filing the N180 DQ is no longer needed i assume?
  • Coupon-mad
    Coupon-mad Posts: 150,170 Forumite
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    edited 12 January 2022 at 10:58PM
    Wrong.  In a counterclaim case the CCBC normally sends a DQ out that has to be filed snd served but to the local court direct, not to the CCBC.

    Not sure why.
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  • Wrong.  In a counterclaim case the CCBC normally sends a DQ out that has to be filed snd served but to the local court direct, not to the CCBC.
    can i send the one i filled in already, albeit its the another county court. Not to the one i originally wanted.
    Just change the court name to the one that was filed for by PPC?

    Only email i can i see is the enquiries email for that particular court. enquries.location.countycourt@justice.gov.uk
    My local one also has an admin email (e-filling.location...)

  • Coupon-mad
    Coupon-mad Posts: 150,170 Forumite
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    edited 12 January 2022 at 11:43PM
    What do you mean?  You don't know which court it will be allocated to, yet.

    They don't get to choose, you do, because you are a litigant in person.
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  • What do you mean?  You don't know which court it will be allocated to, yet.
    I called the CBCC and they said this case has been allocated to the local court, as such to take my query up with them. So currently this case is with the local court and have been advised to contact them directly.

    They don't get to choose, you do, because you are a litigant in person.
    I get that, however it is already lodged with the local county court.
    they have discontinued and given a defence to the counterclaim.
    On their defence, it has been addressed to the local county court.

  • Coupon-mad
    Coupon-mad Posts: 150,170 Forumite
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    So what is this 'other court' you talked about? The CCBC isn't a court.

    Presumably MCOL says they sent you a N180?  It will arrive soon.
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  • theeagleman
    theeagleman Posts: 76 Forumite
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    edited 3 April 2022 at 1:16AM
    The "other court" is the local court in which the case has been transferred to.

    Claim history on MCOL as of now:

    -Your acknowledgment of service was received on 01/12/2021 at 08:03:11

    -Your defence was received on 30/12/2021

    -Your claim was transferred to LOCAL CC on 06/01/2022

    In the defence of the counterclaim, it was addressed to the above court.

    Also was directly emailed a notice of discontinuance (N279)

    Confirmation on the same email that both N279 and Defence to CC was filed at the local CC



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