Counter sue in small claims court

[pocster]

Hi all,

 

Not sure exactly which forum to post this too

I wish to take my lender to small claims court for 5k (I believe the maximum claim I can make). A solicitor has mentioned that they may counter sue me for considerably more. Can they do this? i.e. surely if they counter sued in the court the limit would also be 5k ; or do they get the "option" at that stage to proceed legally in a different direction i.e open court hence the potential for an increased counter sue. I assumed I would be "safe" in small claims court from further action within that court.

 

thanks in advance

[maroondevo52]

Hi,

 

I've moved this thread to our Legal Issues Forum.

 

Regards,

 

Scott.

[BankFodder]

They could counterclaim and the whole action could be allocated to a higher track because of their counterclaim

[AndyOrch]

Also depends on what you wish to claim for and why you think they could possibly Counter Claim you...a little history?

 

Regards

 

Andy

[pocster]

Hi,

 

Thanks for all the replies.

There is some history ; but I get told off if I repost it!. I just wanted to know what they might do. "Counter claim to a higher track" ; they might go for. Though at least 4 times I have asked them to take me to court and they have not done so. Which suggests too me they have some issue with it )

It may be time though; to go to small claims and pursue my case for 5k. This will cause an issue and may prompt them into further legal action which at the very least will result in a resolution too my problem.

Again, apologies for lack of info but it just isn't worth the flaming hence why I just ask one simple question from the entire case

 

All help appreciated!

[AndyOrch]

Who will flame you pocster?

[reallymadwoman]

£5000 is merely a guide that your claim would be allocated to small claims anyway. The judge has discretion to allocate to whichever track he considers most appropriate so claims smaller than £5k can be allocated to fast track and claims larger than £5k can be allocated to small claims. The amount is only one of the things taken into account.

 

Additionally whilst costs will probably be very limited if you are allocated to the small claims track, again the judge has some discretion and could award some or all of the costs against either party.

 

In my opinion you should never issue a claim on the assumption that it will be allocated to small claims and you will not have to pay the other side's costs, but should at least consider the possibility that you will end up paying something.

[pocster]

Thanks