County Court Claim - Defence + Counterclaim

D_P_Dance

Of course it was a very good offrer

theeagleman

Deadline for submission of DQ was 24/01/2022.

I did not receive anything from the PPC/their legal team? 

i presume i contact the court directly (via email)

Remembrance note: this is a CC, with the initial claim dropped by the PPC, therefore only a CC now

Coupon-mad

Yes I would email the CCBC to say you are the counter claimant and the originsl claim has been discontinued.

You wish to proceed with the counterclaim and have filed and served your N180 but the Claimants have not bothered to serve theirs (and have they also failed to defend the CC, I can't recall?  If they have failed to defend, you can fill out a form for default judgment on your counterclaim).

theeagleman

Coupon-mad said:

Yes I would email the CCBC to say you are the counter claimant and the originsl claim has been discontinued.

You wish to proceed with the counterclaim and have filed and served your N180 but the Claimants have not bothered to serve theirs (and have they also failed to defend the CC, I can't recall?  If they have failed to defend, you can fill out a form for default judgment on your counterclaim).

It is no longer a CCBC issue, as it was transferred to local court. I called them in that regards and on the phone mentioned, it was no longer their issue and matter only for the local court. 

They have defended their counter claim and sent a copy to me (as well as the local court i presume - as it was addressed to them). in the same email, they also sent their notice of discontinuance. 

However, no DQ received from them as of yet. 

Coupon-mad

Ah of course, with CCs they get allocated locally before DQ stage.  You could call the local court to see if they got a copy of the DQ and if they say no, you could try a speculative email to the court asking for sanctions against the legally-represented party, for breaching the Order.  

In my experience though, the court will cut the claimant lots of slack and give them another chance.  More than they do for defendants, which is appalling but it's something we've observed.

theeagleman

They redirect it to the central london court, which tells me to email the clerknell court. 
What a snail like system! 

I will just fire off an email asking for sanctions and such order to be at put on file for the hearing. 

theeagleman

Just to give a quick background of the case, saving the read:

- this is a CC, with the initial claim dropped by the PPC, therefore only a CC now.

- the N279 form was filed to the CCBC (just double checked) - and not the local CC, however nothing updated on MCOL. Latest message on MCOL was it was just being transferred to the local CC.

After 2 emails and completely being ignored at all times, it has been allocated for a hearing in the summer.

Also, need to give WS by 19th April to them.

I assume i will also respond to their defence of the CC alongside the standard WS?

Coupon-mad

Yes and you have to pay the hearing fee.

theeagleman

Been a bit hectic and in the process of writing the WS. 

Just wanted in regards to laying it out in exhibits. 

Usually would be Exhibit 1, 2, 3 etc.

However is it fine to refer to the same exhibit later on down the WS?

E.g Exhibit 1, 2, 3 and 1? 

Coupon-mad

Yes that's fine.