3. Counterclaim form a defendant civil case
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Vada_nevada

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Counterclaim form a defendant civil case
« on: December 12, 2024, 09:29:59 am »
Hi all. I filed small claim court against a clinic who provided me with a poor quality none result course of treatment. Costs involved were over £1600. I started the case in May 2024, we had unsuccessful mediation and they simply denied everything I raised against them. We did not agree on the amount they offered during mediation and therefore the case progressed to county court at Kingston-upon-Thames. At first defendant filed a simple bare denial and I had a letter from court on 18/10/2024. Yesterday I received another letter from the court saying the defendant has filed a defense and a counterclaim, however I did not receive any of those documents as they were supposed to be attached. I am very confused and also nervous as to why and how they could possibly file a counterclaim? Please advise how to get the access to those documents and what are the consequences of those actions for me?
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Southpaw82

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Re: Counterclaim form a defendant civil case
« Reply #1 on: December 12, 2024, 09:42:42 am »
Have you considered asking the court for a copy?
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Vada_nevada

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Re: Counterclaim form a defendant civil case
« Reply #2 on: December 12, 2024, 09:46:44 am »
I am trying to call them, but it is very difficult to get through. Trying again now. Yesterday I emailed them, but I received an automatic reply saying they will be responding in 15 working days, so obviously this is far from ideal, considering I only have 1 month to complete N181.
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Southpaw82

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Re: Counterclaim form a defendant civil case
« Reply #3 on: December 12, 2024, 10:58:43 am »
The letter from the court does not mention a date by which you have to file a defence to the counterclaim. I do wonder if the defendant has actually filed a counterclaim or just a defence.
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Vada_nevada

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Re: Counterclaim form a defendant civil case
« Reply #4 on: December 12, 2024, 12:05:54 pm »
What should be my next course of action, please?
It says that I have to agree or disagree for this to be fast track? How can this be judged? Is there any tips or guidance on how to complete N181? What is this for exactly, is this a step to proceed to hearing or not necessarily?
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