It was issued 23 December 2014, I responded with Defence by email a few weeks later.I have a "Notice of Proposed Allocation to the Small Claims Track" dated 31 December
Apparantley the claimant refused the mediation I "checked/ticked", but the judge has suggested it again and I'm waiting to hear back again if the mediation will happen.
"Notice of Transfer of Proceedings" is dated 23 January 2015
Notice of Allocation to the Small Claims Track (Hearing) document dated 10 February 2015
Appears the mediator will contact claimant and myself (defendant) by 20 March 2015
BUT I work overseas/on-ship. Impossible to receive postal mail.
The point is I already paid a claim (I still disagree with, but the value was so small I thought to move on). ALL business with this claimant ceased 15 June 2014 prior to the previous claim 23 July 2014. So this claim 23 December, I cannot see any financial loss. They appear to be arguing a contract law in that I didn't cancel a contract so argue that I still owe them for the period I didn;t cancel. Yet they cancelled on 30 May 2013, all care services.
There's not charge against service rendered or losses due to breach (that I didn't breach), but there's still no clarification of the costs?
I want to counter claim is my main reason for paying for your service. Plus I fear their grudge may extend into a libel case as we did exchange angry texts and I copied to the social services who recommended them?
On a professional note with you; Is the £38 a one off as I believed or should i worry about more deductions?
Only a defense at that time.
Why did you not file a coutner claim?
Was it actually allocated or not yet? Did you get a notice of trial date?
I was overseas and needed to respond while I had internet connection.
The trial date is in June 2015
I didn't file a counter claim because I didn't have access to the definitive amount of money and dates thereof n respoect of a counter claim
To be honest, I just want to stop this company repeatedly making small claims against me that they seem intent on doing.
I do fear they'll go on to some kind of libel case later
I first only wanted to fight them with this new claim, but justice would be that they repay me what I already over paid
So is it too late to file a counter claim, or should I just keep this as evidence in the defense?
You need to apply to the Court to file a counter clain
You need to complete form N244
You can file a counterclaim and it should be done now.
It can't be a small claim if its libel or slander, only high court
So they can not stop you issuing a counter claim in the small claims court
Can I clarify anything for you about this today please?
Claim for everything.
Its better to reduce a claim later, as you can not go up.
You can claim for everything, but keep the value below £10,000 as a small claim if you can
ok, see above. You can issue a counter claim now but you must be quick
But you can defend and counter claim as I have suggested above.
Can I clarify anything for you at all?
Sorry sorry, I posted to the wrong question. Let me just answer you now. I do apologise
But no, you should claim higher, rather than lower.
Loss of earnings is limited to £90 in Court.
But you wanted to counter claim anyway, as I read above?
Can I charge for loss of earnings to attend court in a counter claim?
I answered that?
You can't be charged with libel, it a high court matter only and they must show they have suffered serious harm
Can I clarify anything else for you?
Indeed. But they cant stop you bringing a claim
Great. If you do not need me to clarify anything else could I ask you to rate my answer before you go, so that I am credited for my time please. The button should be at the bottom of the screen
If you need more help please click reply
If this answers your question could I invite you rate my answer before you leave today.
If the system won’t let you please click reply.
Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/