Small claims court - defendant is threatening to counter claim if I dont accept his offer

[Deleted User]

Surely he can't do this? Seems a bit much - accept my offer or I'm going to threaten you. Surely the idea of the small claims court is you can enter valid claims without being threatened with legal action yourself.

He actually officially responded with this:-

"I will be taking the matter further, and will also be issuing a counter claim for my costs and time taken from business in dealing with this issue, and the stress and anxiety this has caused me"

If this conduct is unnacceptable, who can I complain to?

BoGoF

Anybody can take anyone to a small claims court - whether they win or not depends on the facts of the case.

We have no idea what the offer he has made is reasonable or not. It may be a hollow threat.

cono1717

Take a look at this https://www.fosters-solicitors.co.uk/news/litigation/the-small-claims-track-who-pays/651

[Deleted User]

BoGoF wrote: »

Anybody can take anyone to a small claims court - whether they win or not depends on the facts of the case.

We have no idea what the offer he has made is reasonable or not. It may be a hollow threat.

Any idea what the basis for a counterclaim can be? Is time/stress even allowable?

Surely whether the offer is reasonable or not is irrelevant - that's for me to decide. Surely it can't be allowed that veiled threats like this are made - "accept or we'll make it awkward for you".

Pollycat

What would Judge Rinder say?
Lots of people have counter-claims against the person bringing the case his court.

Is your claim reasonable?
Is his offer reasonable?
It may go against you if it is reasonable and you are refusing to accept.
Has your issue caused him expense, stress and time?

It really doesn't sound like a threat to me. Merely a statement of intent.

KatrinaWaves

[quote=[Deleted User];76126008]Any idea what the basis for a counterclaim can be? Is time/stress even allowable?

Surely whether the offer is reasonable or not is irrelevant - that's for me to decide. Surely it can't be allowed that veiled threats like this are made - "accept or we'll make it awkward for you".[/QUOTE]

It’s not up to you, it’s up to the court.

Anyone can take anyone to court. It’s not a threat, as stated, they’re just saying if you take us to court we will also take you to court. Yes it’s allowable. Most things are allowable. Whether it will succeed is a separate thing.

waamo

Costs go in a costs schedule if you win. They don't require a claim or counterclaim. They are very rarely awarded.

Stress and anxiety. Good luck with that. Not a hope.

You seem to have avoided answering if his offer is reasonable though. If it is then he may get costs.

[Deleted User]

Is his offer reasonable? Hmmm. I'd say not really. Its £45 and it cost me £25 to bring the case.

Bit of background. My wifes old car which was not driveable needed looking at. We had a conversation that he could look at in 6 weeks time. We discussed the car was not driveable and he said no problem he could collect it. At no point did he discuss how much collection would cost.

So long story but work doesnt get done - not his fault. He invoices me for work he did inc £100 "collection fee". He wants another £100 to bring it back. I got AA to bring it back for £55. (this is why hes offering £45)

My argument is that he had every opportunity to advise me that he could collect and the charge would be £100. He would have known that the AA would do it cheaper. But he deliberately kept quiet and made things vague. I dont understand why you wouldnt tell someone in advance especially since its the expensive option.

My argument is that unless advised I would be led to believe that collection was a free "service". I recently had a garage collect my car for free to fix gearbox issues.

His argument is tough, you agreed to collection, didn't ask how much I charged, so thats my fee.

KatrinaWaves

I’d agree with him. Sounds like a total waste of time for a court.

You say the AA would have charged you £55and he’s saying he will also charge you £55, and refund you £45

The offer is reasonable. Imo more than he needed to do. You think the court will compel him to refund you £100 + £25 court costs because you thought it was free? You think the court will compel him to work for free and pay you on top?

No chance. Take the £45. Quickly before he changes his mind.

waamo

A small claim sounds disproportionate tbh. The fees alone will be bigger than the claim. You haven't factored in the cost of a hearing fee yet.

You run a significant risk of a judge dismissing the claim on that basis alone.

I would settle as there is a big risk if you getting nothing.

BoGoF

So you are going to court over £45?