UK Law

Get UK Law Questions Answered by Verified Experts

Ask an Expert,
Get an Answer ASAP!

UK Law
This answer was rated:

My business has a claim form issued through the county court,

on what basis can i...
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
Show More
Show Less
Ask Your Own UK Law Question
Answered in 5 minutes by:
8/16/2013
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified

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
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Verified
Joshua and 87 other UK Law Specialists are ready to help you
Ask your own question now
Ask Joshua Your Own Question
Joshua
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,070
26,070 Satisfied Customers
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice

Joshua is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks!

RickLeeds, UK

I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks!

Ms. BakerAlfafar, Spain

Thank you so much for your help. Your answers were really useful and came back so quickly. Great!

MaggieUSA

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!!

AlexLos Angeles, CA

Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult.

GPHesperia, CA

I couldn't be more satisfied! This is the site I will always come to when I need a second opinion.

JustinKernersville, NC

< Previous | Next >

Meet the Experts:

Ben Jones

Ben Jones

UK Lawyer

9,163 satisfied customers

Qualified Solicitor - Please start your question with 'For Ben Jones'

INC

INC

Solicitor-Advocate

3,868 satisfied customers

LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)

Jenny Mackenzie

Jenny Mackenzie

2,752 satisfied customers

Over 10 years experience in general legal matters

Matthew J

Matthew J

Solicitor

334 satisfied customers

4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience

Stuart J

Stuart J

Solicitor

7,349 satisfied customers

PGD Law. 20 years legal profession, 6 as partner in High Street practice

Clare

Clare

Solicitor

9,479 satisfied customers

family solictor with 25 years experience

Thomas

Thomas

Lawyer

2,176 satisfied customers

BA (Hons), PgDip, Practising Solicitor

< Previous | Next >

Related UK Law Questions
If I committed a crime at age 7 can I be charged. Nsw
if I committed a crime at age 7 can I be charged JA: In what state did this occur? Customer: nsw JA: Have you talked to a lawyer yet? Customer: no JA: Anything else you want the lawyer to know before … read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
My ex partner wants to take me to court over the paternity
my ex partner wants to take me to court over the paternity of our daughter. he wants the court to grant his a paternity test and i know they will do so. i do not want a dna test done from my daughter … read more
Clare
Clare
Solicitor
Bachelor's Degree
9,479 satisfied customers
The police have seiner my cameras as well as computers and
The police have seiner my cameras as well as computers and storage devices. Why do they want cameras when they can take sad cards out. And they have taken my wife's computer and phone but she has no i… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
My son met a Slovakian girl and very soon afterwards she
My son met a Slovakian girl and very soon afterwards she announced she was pregnant. She moved in with him and he took care of everything for her, her debts included. They had a beautiful baby daughte… read more
A. Stewart
A. Stewart
Master's Degree
2,140 satisfied customers
I am a Chinese from the mainland China. I have a Chinese
I am a Chinese from the mainland China. I have a Chinese passport which can be used internationally. I also have an “Exit-Entry Permit for Travelling to and from Hong Kong and Macau”, which is a trave… read more
JimLawyer
JimLawyer
GD Law
72 satisfied customers
Ben, Is it alloed for a UK limited by shares company to lock
Hi Ben, Is it alloed for a UK limited by shares company to lock its mission? Thanks, Valter… read more
Alex J.
Alex J.
Commercial/Corporate
LLB
1,712 satisfied customers
My tools were stolen from a work van in a car park next to
Hi my tools were stolen from a work van in a car park next to site I'm employed direct with my company and was wondering what's their responsibility on replacing my tools … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
My ex partner and I had a declaration of trust over a
My ex partner and I had a declaration of trust over a property with a right for me to have 50% sale proceeds and rent, a preemptive right of first purchase, the right to go on the deeds as tenants in … read more
JimLawyer
JimLawyer
GD Law
72 satisfied customers
I was bullied into a Tomlin Order by my abusers solicitor
I was bullied into a Tomlin Order by my abusers solicitor for money I do not owe, but because they saw my vulnerability they pounced on me, how many times can they take this to court to try to enforce… read more
Jamie-Law
Jamie-Law
4,933 satisfied customers
I have been to court and received community service for
I have been to court and received community service for harassment of my ex partner and all I did was pester her for my property back this is my first offence I plead guilty and got 180 hours of commu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
II recently applied for my citizenship and did not mention a
II recently applied for my citizenship and did not mention a ccj judgement because I didn't know if I had to disclose it or not … read more
frantzgregory
frantzgregory
604 satisfied customers
Where do I get help to fill in the 6.4 and 6.5 forms to set
where do I get help to fill in the 6.4 and 6.5 forms to set a debt aside? I have no idea what I am doing … read more
Jamie-Law
Jamie-Law
4,933 satisfied customers
My sister in law was dismissed by a local NHS Trust for
My sister in law was dismissed by a local NHS Trust for gross professional misconduct last week. She is planning to appeal but needs to clarify whether the Trust's decision was appropriate. … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
My uncle (deceased) lived in a house belonging to his Mother
My uncle (deceased) lived in a house belonging to his Mother (deceased) for 50 years. My uncle has siblings (deceased) which leave all the Children, I am one of them. The house deeds were never change… read more
Buachaill
Buachaill
Barrister
Master\u0027s Degree
2,821 satisfied customers
I have a cheque from first Texas bank US which is being
I have a cheque from first Texas bank US which is being converted to Uk GBP ! I've been asked for £10000 having already given them £20000. It's from internal revenue monitoring service team. They say … read more
Ben Jones
Ben Jones
UK Lawyer
Legal Practice Course
9,163 satisfied customers
I have received a letter from a debt collection firm
Hi - I have received a letter from a debt collection firm regarding an outstanding parking ticket. The letter and any previous correspondence from the parking company (Premier Park) was sent to the wr… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
The police in. Bournemouth inform me that I will require
The police in. Bournemouth inform me that I will require legal representation for accusations of child abuse of my step daughter from around seventy years ago.i will be resident there in January and a… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx
Name:**xxxxxx xxxxxx **Contact address:**xxxxx London xxxxx **Phone:** 0xxxxxxxxxx **Email:*******@******.*** **Date of birth:**/xxxx **What exactly was said about you and by whom? Please supply as mu… read more
Jo C.
Jo C.
Barrister
Master\u0027s Degree
37,470 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x