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Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24551
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My business has a claim form issued through the county court,

Resolved Question:

My business has a claim form issued through the county court, on what basis can i issue a counter claim? are expenses and legal costs a reasonable basis of counter claiming on the basis i believe this claim to be speculative
Submitted: 1 year ago.
Category: UK Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

Is your business a limited company plese or sole tradership/partnership please?

Joshua :

How much is the claim for?

Joshua :

Do you know the person claiming? From what you say presumably you dispute the claim and consider they in fact owe you money? Is that correct?

Customer:

Hi Joshua

Customer:

The business is Limited company, the claim amount is £8208.00 and the company submitting the claim supplied us with some IT software

Joshua :

Thanks. Have they issued the claim against you personally or have they named the limited company as the debtor?

Customer:

The limited company

Joshua :

Thanks. Finally do you just dispute that you owe them any money or do you consider that not only do you not owe them any money but they owe your company some money? Are you also able to give a very very brief outline of why you dispute their account and/or claim they owe you money?

Customer:

I dispute we owe them any amount of the claim, we agreed in July 2012 a full and final settlement of the account and this was confirmed verbally and by emailthen in April i recievied an invoice stating we should of been invoiced for the amount of the claim but this was only recently identified through their internal audit, this in itself is not correct as they have significantly over charged to what was provided. approx double

Joshua :

Thanks. So for the avoidance of doubt you do not claim they owe you any money at this stage but simply that you do not owe them any money?

Customer:

yes sorry should have made that clear that is correct they do not owe us any money

Joshua :

Thank you. The claim of this value would be heard in the small claims track of the county court in which legal costs cannot normally be claimed. This is to encourage both parties to deal with the matter without solicitors and hence keep legal costs to a minimum. You can claim travel expenses and lost income for attending court up to £90 per day.

Joshua :

Accordingly you cannot issue a counterclaim on the basis of legal costs unless you have a contract between you and the other party which you can show they have breached which allows to recover specific costs.

Customer:

that is great thanks Joshua

Joshua :

Based on what you say the appropriate course of action is either or both of submitting a defence to their claim and/or requesting that the claim is struck out on the basis it has no merit

Joshua :

You must respond within 14 days of the date of service or they can issue a default judgement against the company. If you want more time you can file an acknowledgement of service within 14 days which doubles the time you have to repond.

Joshua :

If you want to do this you will need this form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n009-eng.pdf

Joshua :

To file a defence you need this form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n009b-eng.pdf

Customer:

yes i received today and was on money online submiiting the defence but was unsure in relation the the counter claim, can you state on the defence that i believe the claim has no merit and should be struck out ?

Joshua :

If you believe you can show that their claim is without any merit whatsoever you can write to the court in the form of a letter asking that the court strikes out their claim on the above basis giving reasons to support your request. It is up to a judge whether he is prepared to do so based on his assessment as to whether their claim has any potential merit.

Joshua :

You can include this on your defence form however you may consdier writing to the court in the form of a letter separately in addition requesting strike out so that the matter is specifically considered separately to your defence.

Joshua :

Is there anything above I can clarify for you?

Customer:

Thats great and has been really useful Many thanks i wont hesitate to use again

Customer:

Many thanks

Joshua :

A pleasure If I can assist any further as the situation develops please do no hesitate to let me know.

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: UK Law
Satisfied Customers: 24551
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 3 other UK Law Specialists are ready to help you

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LL.B (Hons), Higher Prof. Dip. Law & Practice