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Once a claim has been made, a defendant has several options before the matter proceeds to a court hearing which involves either; admitting liability and arranging payment, denying that either part or all of the debt is owed, or finally, denying the claim and making a counterclaim, stating that a debt is in fact owed by the claimant.
Once a claim has been made, a defendant has several options before the matter proceeds to a court hearing which involves either; admitting liability and arranging payment, denying that either part or all of the debt is owed, or finally, denying the claim and making a counterclaim, stating that a debt is in fact owed by the claimant.
Any dispute or counterclaim must be filed within 14 days.
In order to successfully dispute a claim, a defendant must have filed a defence at court within 14 days of the claim form being served. Typically any allegations are addressed here one at a time, with admission or denial for each. Any denial of an allegation must be supported with a valid reason for doing so. Once a defence has been filed, the claimant’s solicitor will receive copies of the defence.
Counterclaims can be raised if the defendant has incurred losses or damages that they wish to claim for. This scenario is most commonly a result of the transaction in question causing problems leading to losses for the defendant, such as receiving faulty goods or suffering from delays. If a counterclaim is put forward, then a defence must be filed against it within 14 days in the same way as an initial claim.
If a counterclaim isn’t responded to, it gives the defendant the right to seek judgment.
A counterclaim is a claim made against an existing claim.
After a counterclaim is filed it will be heard and evidence considered. If the counterclaim is upheld it can help to reduce the final judgment or wipe out the debt completely.
A counterclaim should be defended. A failure to defend a counterclaim results in the defendant being able to apply for judgment in default.
If you have any questions about disputed claims and counterclaims, please don’t hesitate to contact our team of experts who are on hand and ready to help you.
