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Buachaill, Barrister
Category: Law
Satisfied Customers: 10984
Experience:  Barrister 17 years experience
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A claim form has been issued against us by a cleaning company

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A claim form has been issued against us by a cleaning company for £2600 in respect of unpaid invoices. We do not have an issue with these invoices but terminated their contract because it came to light that they had not been working the contracted number of hours, over a long period of time (i.e we had been over-charged). Our claim would amount to a similar figure, can we defend their claim using this as a counter-claim or should we pay this demand and make a seperate claim?
1. Yes, you can defend this claim with a counterclaim. It is the appropriate thing to do where you have a countervailing claim of a similar amount. In law, the debts would be considered mutual debts, which means a right of set off would be available to you to set one debt off against the other. So here you would defend the action by claiming a set off and counterclaim. It would be very foolish to pay their demand and make a separate claim. Set one debt off against the other and don't go making two different claims.
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