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Initially the debt was for £4625.40. However on 3 SeptemberXXXXXordered the debtor to pay me £6622.88 plus £1158.50 in costs totalling £7781.38.
When you say "set off" do you mean a counterclaim?
Do you mean that she has changed her defence to try and get roundwhat the judge has said?
I think an application to strike out the new defence isabsolutely appropriate. If she thinks that she can do that, she is mistaken. Herremedy, if she thinks the judge has made an error of law or fact, is to appeal.
She has had her chance at making a defence which obviously failedand she cannot keep having stabs at it until such time as she wins.
The court will always consider what someone submits but there isno guarantee therefore that it is going to work or even be accepted.
I think the only issue here is whether there is a counterclaimbecause at this stage, you have won your claim and her defence has failed.
So, whilst the court may allow the counterclaim, it should rejecther rejigged defence.
I don't know why it was allocated to fast-track as opposed tosmall claims track, in view of the amount of the claim
That's the interesting thing; she simply stated Defence and Claim of set off and according to the court paid no fee for counterclaim. She made it very clear in her response to my CPR18 request that she is not filing a crossclaim.
I suppose set off can be claimed without a counterclaim.
So what grounds for strike off - no prospects of success, abuse of process?
You have helped clarify matters considerably
In March 2013 she filed a defence which was mentioned set off but was not particularised in terms of legal or equitable set off but stating that I owed her money as well. Having heard both parties summary judgment was entered against her in September 2013. The court ordered "Judgment shall not be enforced upon the Defendant filing a set off by 4pm 17 September 2013. My view is that she was supposed to state how much I allegedly owed her and why?
You are absolutely correct.
In effect, this is a counterclaim and she is supposed to pay afee for it.
I cannot see why the judge has allowed this at the late stage butthe fact is that he has.
She cannot simply say that you all her a chunk of money withoutpleading why you owe her the money.
I think when this goes back to court, hercounterclaim/application for set off will fail based upon the facts that youhave given me
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