How JustAnswer Works:

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

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

How can I issue a counter claim when I responded with a defence

Resolved Question:

How can I issue a counter claim when I responded with a defence and the time has elapsed?
What conditions must apply for me to be charged with libel?
Can I charge for loss of earnings to attend court in a counter claim?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let Me know when you filed the defence and has the matter been allocated yet?
Customer:

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

Customer:

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.

Customer:

"Notice of Transfer of Proceedings" is dated 23 January 2015

Customer:

Notice of Allocation to the Small Claims Track (Hearing) document dated 10 February 2015

Customer:

Appears the mediator will contact claimant and myself (defendant) by 20 March 2015

Customer:

BUT I work overseas/on-ship. Impossible to receive postal mail.

Customer:

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.

Customer:

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?

Customer:

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?

Customer:

On a professional note with you; Is the £38 a one off as I believed or should i worry about more deductions?

Alex Watts : Did you file a counter claim or just a defence
Alex Watts : The fee is one off
Customer:

Only a defense at that time.

Alex Watts :

Why did you not file a coutner claim?

Alex Watts :

Was it actually allocated or not yet? Did you get a notice of trial date?

Customer:

I was overseas and needed to respond while I had internet connection.

Customer:

The trial date is in June 2015

Customer:

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

Customer:

To be honest, I just want to stop this company repeatedly making small claims against me that they seem intent on doing.

Customer:

I do fear they'll go on to some kind of libel case later

Customer:

I first only wanted to fight them with this new claim, but justice would be that they repay me what I already over paid

Customer:

So is it too late to file a counter claim, or should I just keep this as evidence in the defense?

Alex Watts :

You need to apply to the Court to file a counter clain

Alex Watts :

You need to complete form N244

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Alex Watts :

You can file a counterclaim and it should be done now.

Alex Watts :

It can't be a small claim if its libel or slander, only high court

Alex Watts :

So they can not stop you issuing a counter claim in the small claims court

Alex Watts :

Can I clarify anything for you about this today please?

Customer: Do I have only one chance to get the value of the claim exactly correct?
Customer: can I claim for loss of work through them blockingy emails that were my onlymethod to communicate overseas/on shop and refusing to answer postal mail this forcing me to attend court?
Customer: Saying they only want settlement or court appearance.
Customer: they know this disrupts my work life
Alex Watts :

Claim for everything.

Alex Watts :

Its better to reduce a claim later, as you can not go up.

Alex Watts :

You can claim for everything, but keep the value below £10,000 as a small claim if you can

Customer: They rewrote my original care plan ie they ignored/deleted it so yet they appear able to "imply" I accepted things as THEY rewrote them. Seems the law is biased towards them.
Alex Watts :

ok, see above. You can issue a counter claim now but you must be quick

Customer: Their claim of £100 has no reference to dates services or specific losses just this arbitrary figure. It's not even divisible by any hourly rate they previously charged!
Alex Watts :

Indeed.

Alex Watts :

But you can defend and counter claim as I have suggested above.

Alex Watts :

Can I clarify anything for you at all?

Customer: That link you sent was for repossessions not counter claim?
Customer: !
Alex Watts :

Sorry sorry, I posted to the wrong question. Let me just answer you now. I do apologise

Alex Watts :

But no, you should claim higher, rather than lower.

Alex Watts :

Loss of earnings is limited to £90 in Court.

Alex Watts :

But you wanted to counter claim anyway, as I read above?

Alex Watts :

Can I charge for loss of earnings to attend court in a counter claim?

Alex Watts :

I answered that?

Alex Watts :

You can't be charged with libel, it a high court matter only and they must show they have suffered serious harm

Alex Watts :

Can I clarify anything else for you?

Customer: I guess we're do
Customer: inw last thing; Im convinced these people begrudge my contacting various complaint authorities and are simply creating spurious allegations knowing Im often oversead and that eventually I'll miss postal mail in the UK and somehow they
Customer: i fear this company will continue to make spurious claims knowing it's difficult for me to manage while overseas or on ship . Hi can I stop them making anyore claims? Eg no business occurred between us for 6 months after their previous claim I settled regardless thinking it would shut them up yet 6 months later another claim appears.
Alex Watts :

Indeed. But they cant stop you bringing a claim

Customer: Thank you I guess we're done.
Alex Watts :

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

Alex Watts :

If you need more help please click reply

Alex Watts :

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/

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • 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! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • 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!!!! Alex
  • 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. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice