Increasing Counterclaim Amount After Payment

nosferatu1001

JohnDoe - if a fee HAs been paid, then youve already filed your Counterclaim. Its too late now to decide what you are claiming for. If your CClaim hasnt disclosed those grounds, I would have no difficulty in seeing a court strike it out as without merit.

JohnDoe42

[FONT=&quot]nosferatu1001 - Yes, I think I made a mistake on this part, as on the counterclaim section I listed costs and not the reason I was counterclaiming for, which I did get an instant reply from the opposition. Funnily though they have offered me a lower settlement amount on the basis I drop my counterclaim, not sure if that’s due process or fearfulness of what is possible.[/FONT]

[FONT=&quot]Oh well I will put a note in my WS and apologise and see if the judge is having a good day.[/FONT]

[FONT=&quot]Thank you for sharing your knowledge.[/FONT]

KeithP

JohnDoe42 wrote: »

Funnily though they have offered me a lower settlement amount on the basis I drop my counterclaim, not sure if that’s due process or fearfulness of what is possible.

That's because now that there is a counterclaim they cannot just discontinue and forget the saga.

They have to answer the counterclaim and if there is a hearing they might well find themselves in a difficult situation.

JohnDoe42

KeithP - Thanks Keith thats very useful to know!



Hearing date has been allocated

Umkomaas

Umkomaas - What are your thoughts on the "Maxing out the counterclaim" thread I posted previously..

I can't find any thread under your username with that title.

JohnDoe42

Umkomaas - I meant posted in this thread, #8.

Umkomaas

JohnDoe42 wrote: »

Umkomaas - I meant posted in this thread, #8.

It does help to use the correct term to avoid confusion/wild goose chases - thread/post, costs/counterclaim.

The thread you link in your post #8, inter alia, refers to £1,500 awarded to Sassi - a poster who suffered a significant amount of harassment and unreasonable behaviour from the PPC - there is long thread about his/her case, which has still not concluded (I can't recant the detail, nor have the time to go searching for it) as the PPC has issued more claims against him/her in addition to Gladstones appealing to the court with arguments about the meaning of what's been said - lots complexities and much to-ing and fro-ing.

At face value it looks a lot more complicated than yours. But I'll be very interested to read how much you manage to win at your hearing. Always good to learn of significant PPC payouts.

JohnDoe42

Umkomaas - Thanks for your reply and sharing. My apologies you are right I didn't label the link when posting, I will amend.


I will update accordingly when there is a result.


Thank you for your help.

Coupon-mad

The counter claim sounds doomed as it sounds like no proper grounds were pleaded, but we advise sending a costs schedule at WS stage now, which is what you need to do to claim those costs.

No idea about your case though as there's no info been given to us here. Isolated orphan threads are hard to follow & advise on, hence we need all the posts on one thread if they are about that case.

New questions? Add them to the first thread every time. If there is a first thread?!