Claimant Has not Entered a Defence to my counterclaim

[jnjbennett]

Hi

 

I hope I am posting in the correct place. Just before Christmas I was issued with a county court claim from my childrens old school. I had refused to pay them the terms notice, due to issues we had had with the school and the education they had received for 18 months the did not pursue me for the money until I received the claim. I have filed a defence and also issued a counterclaim as I believe the school did not provide the services which we had paid for previously.

 

I received a order from the court stating that the claim would be listed for trial and giving provisional dates. It also stated that the claimant had to file a defence to my counterclaim and serve it on both the court and I by yesterday. I have not received a copy of the defence so I presume that they have not completed one.

 

I was wondering can I now enter judgement by default if so which form do I use to this. I want to make sure I do everything properly as not to hinder my defence in anyway.

 

If anyone can help I would greatly appreciate it.

 

Thanks

[pop_gun]

hi jnj. i don't have the form with me, but i know if you filed a claim on the single sheet of paper the court

clerk gave you there is a box which you can tick and send off to court to obtain a default judgement.

 

although you have to wait a certain period for (specified on this sheet of paper) in order for the claimant

to be in default.

 

hope this helps