Thank you. I understand the defence of set-off.
As I said, I have already made the claim under advice of a Magistrate that it would be better to be the Claimant rather than the Defendant. Is this a reasonable process and would it be accepted by the courts?
Could you please expand on your stetement "In making the claim as you have done you need to show you owed the payment of £520.".
Kind regards, Laurence
Why do you not think the claim will succeed?
I am claiming for compensation for faulty goods or services provided which is a valid claim. I am seeking the level of compensation equivalent to the sum I have withheld. I just need the law to recognize that this is a fair and reasonable claim. If I win, the money will be owed by the defendant to myself which will be paid by means of a credit note against the outstanding invoice.
Surely I have the right to claim for the faulty services provided and not have to wait for them to claim against me for the money.
I'm sorry but I am not happy with your consideration of this case.
Thanks Jo. How do you think I should proceed in order to progress this? Would it be best to make payment with a note that it is not an admittance that the money is due and that it will be contested? Will this enable me to proceed with the claim?
I did say above that I have already made the claim under advice. I have no doubt.that the other party will sue. Is it not a better position as a claimant rather than as a defendent? if I was to pay the amount invoiced, could my claim proceed? Thank you.
could you please explain why it has rendered me liable to costs? I thought I would be liable to pays the other party''s costs if I lost and not if I won, whether I am claimant or defendent
Thanks Jo. As my claim is for £520+£60 court fees, and this exceeds the amount I have withheld, does this not put me in the net position of claimant as I claim they owe me more than I owe them? if I win, they would be ordered to pay me £60.