Money claim and counter-claim

[pomp1]

Hi all

I have recently submitted a claim against a former parent (I owned a nursery) who did not pay their bill - they fobbed me off for months and months (I have evidence of this as we have kept the conversation log).

The claim I have submitted is for the value of the outstanding invoices - about £1100. They have now defended the claim and submitted a counter-claim presumably for emotional distress etc...

Does anyone have any advice?

Thanks

[paintman]

I would suggest you need to disclose a lot more about the situation to get any advice.
As you have commenced legal action that might not be a good idea on a public forum.

[bad company]

pomp1 said:

Hi all

I have recently submitted a claim against a former parent (I owned a nursery) who did not pay their bill - they fobbed me off for months and months (I have evidence of this as we have kept the conversation log).

The claim I have submitted is for the value of the outstanding invoices - about £1100. They have now defended the claim and submitted a counter-claim presumably for emotional distress etc...

Does anyone have any advice?

Thanks

The counter claim is most likely a bargaining tactic but cannot say more without much more detail of their counter claim.

[pomp1]

Thank you.

In a nutshell this person has repeatedly told me they were paying and have then given every excuse under the sun not to pay.

In the end I have resorted to Moneyclaim for the courts to decide. How can someone then counter-claim? What amount can they claim for?

[pomp1]

bad company said:

The counter claim is most likely a bargaining tactic but cannot say more without much more detail of their counter claim.

I suspect you are right. I find it unbelievable that someone who hasn't paid a very fair bill can be able to counter claim. I'm waiting for a copy of the counter claim from MoneyClaim...

[Jasandjules]

Until you see their defence you can't really ascertain anything.

[pomp1]

True. I'm just trying to ascertain if there is a limit on their counterclaim?

[bad company]

pomp1 said:

bad company said:

The counter claim is most likely a bargaining tactic but cannot say more without much more detail of their counter claim.

I suspect you are right. I find it unbelievable that someone who hasn't paid a very fair bill can be able to counter claim. I'm waiting for a copy of the counter claim from MoneyClaim...

It’s almost certainly a tactic designed to get you to drop or reduce your claim.

[pomp1]

Thank you- you’ve put my mind at rest somewhat.

I’ve heard that people will do anything they can to get out of paying their bills!

[KungFuPanda]

Make sure you put a Defence in to the CounterClaim otherwise they might get judgment in default.

Keep it straightforward. Deny the totality of the claim. I presume they don't have medical evidence. Point to that as well.

[pomp1]

Thanks. The world has gone mad

[BertBert]

pomp1 said:

Hi all
They have now defended the claim and submitted a counter-claim presumably for emotional distress etc...

Out of interest, why do you presume that?
Bert

[Muzzer79]

It’s a delaying tactic

Their counter-claim will probably be ridiculous but it buys them time.

You will also need to decide how much effort you want to put in to chase £1100 and if your costs to do so will outweigh the debt.

For a small business I suspect it will be worth it but you need to be unemotional about it

I went to court once over about a grand. By the time I’d prepared my case, taken a day out and travelled to the court to find a judge saying that we should have arbitrated and basically gone 50/50 on the debt, it totally wasn’t worth it.

[anonymous-user]

If they said they were paying in full then delaying, would a statutory demand have been better than moneyclaim?

[bad company]

JPJPJP said:

If they said they were paying in full then delaying, would a statutory demand have been better than moneyclaim?

That could have been good advice BEFORE the op issued proceedings.

[pomp1]

Can’t upload details specifically but they have relentlessly lied and said they were paying but then never payment never arrived;
Money has been lost by the bank, tax credits haven’t arrived, telephone broken etc....

Wasn’t aware of a statutory demand unfortunately. I would meet this individual half way truth be told! Something is better than nothing.

[pomp1]

BertBert said:

pomp1 said:

Hi all
They have now defended the claim and submitted a counter-claim presumably for emotional distress etc...

Out of interest, why do you presume that?
Bert

I didn’t but just googled it and it stuck in my mind..