Small claims - can they counter claim???

kamkam

Long story. In short - I paid a company a deposit for some building work a while ago. When agreeing a date for the work I received astonishingly poor customer service and was told there were additional charges not in the original quote. They sent me a replacement contract where the work expected had been amended - (and acknowledged it was a replacement contract). I had heard bad things about the company so I returned the contract and then decided to cancel under the 7 day cooling off period distance selling regulations.
They argue as someone had visited my house by my invitation (they had) that doorstep regulations apply despite them sending me the replacement contract off their own backs.

I have had legal advice - Solicitors says its borderline as to if I would win at court - Replacement contract = New cooling off period.

So, I want to go to small claims to recover my deposit and have advised them of this - they are threatening to counter claim.
The deposit is £500, I will spend the money to get it to court, but I am concerned about their counter claim (expenses etc) and this is what is holding me back as I thought with small claims you had nothing to lose (except court costs and what you have already lost).
Any / all / advice / comments welcomed...... Thank you

Buzby

Different issues - if you lose you still have to pay the other parties's capped costs - around £100 if you are unsuccessful. The counter claim will be heard at the same time as your action, but assuming you win, the counter claim will be struck out.

kamkam

Thanks for this - so if I lose will I lose the deposit and the counter claim costs (and costs for taking it to court)??

[Deleted User]

kamkam wrote: »

and was told there were additional charges not in the original quote.

Are you sure the original paperwork was a quote, rather than an estimate?

[Deleted User]

kamkam wrote: »

Thanks for this - so if I lose will I lose the deposit and the counter claim costs (and costs for taking it to court)??

There is always a risk of a counter claim.

Remember that, someone can sue you, whether you sue them or not.