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Counter claim in small claims court

(8 Posts)
Masketti Mon 12-Sep-16 19:43:07

Apologies for being utterly dim. I'm not sure what the next stage is? I'm assuming the defendant (him) pays for the claim within 10 days then I get sent a Directions Questionnaire? I'm unclear about the 19 days point? Thank you.

kirinm Mon 12-Sep-16 23:54:42

Yes. If he / she pays the CC fee, they'll serve the defence and counter-claim on you. If he / she doesn't pay, there is no CC just the defence. You can choose to file a 'Reply to counterclaim' too - there is no additional fee.

DQs will come out, it'll probably be allocated to a court local to you. Once there the court will set down some directions based on your answers in the DQ regarding evidence / witness statements etc and when you have to file (submit) it (that might be 7-10 days before a hearing, I can't remember exactly how small claims work) and they'll give you a trial date.

kirinm Mon 12-Sep-16 23:55:41

You have to submit the DQ within 19 days. It'll be a tick box exercise mainly.

Masketti Tue 13-Sep-16 15:51:28

May I ask how to reply to counterclaim please? I've been using the online system and there doesn't seem to be a button.

Thanks so much for replying.

kirinm Tue 13-Sep-16 16:36:23

Sorry I've not used an online system. Is there anyway you can write a defence - that's what the reply is (to the counterclaim). You don't have to do one though.

Masketti Tue 13-Sep-16 21:31:52

I was only allowed 1080 characters in my claim and he replied over 5 pages. I had originally sent him 6 pages with photographs before I started the online process. So I've got lots to say! I want to write a reply but am unsure how?

kirinm Tue 13-Sep-16 23:22:27

Does it have to be done online? You can't send anything in? I'm a solicitor but don't deal with small claims so I don't know how it works if it's purely an online process.

Masketti Wed 14-Sep-16 15:02:48

I've been doing it online but there's no way I can see. So I've drafted a letter acknowledging receipt as requested and defending the allegations. Will send to his solicitor.

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