Other party paid for a counterclaim but none sent?

[Jahn]

Hi all,

I have a claim where the other party made a counterclaim in their Defence and then paid a Court fee to do so. However we exchanged evidence bundles a month ago, and their evidence is basically their Defence. No counterclaim or demand for money.

I called yesterday and the lady - a HR director - told me legal is not incolved in my case and that she had filed a counterclaim. She is under the lusukn that her initial counterclaim is sufficient. She was very nasty and would not listen to me.

Any advice on how this could serve me going forward with regards to claiming costs if I win?

[Jahn]

Please note that I meant to write "under the illusion" in the above post.

[Amethyst]

Often the defence and counterclaim cover the same issues - you filed a defence to the counterclaim ? Concentrate on ensuring your statements and evidence cover your claim and defence to counterclaim.

[Jahn]

I see.
If there is no amount claimed in their counterclaim/defence, does that mean they cannot ask for an amount at Court?

Also they mention their terms and conditions in the defence, as a cornerstone of the Defence, but there are no terms and conditions included.
*

[Amethyst]

The terms should be provided with the bundle.

How much was their counterclaim for?

Did you file a defence to the counterclaim?

[Jahn]

There is no amount claimed by them.*

And really no kind of counterclaim at all. They clearly don't know what they are doing.*

[Amethyst]

How much court fee did they pay ?

Do you have this defence and counterclaim they entered? Might be an idea to send me a copy see what's going on.

[Jahn]

They paid £25.

They ticked the counterclaim box but have not specified any amount they are seeking, leaving that part blank.

Nor have they given any reason for the counterclaim, beyond "the claim is ridiculous" and citing terms and conditions that they haven't even included on their evidence.*

[Jahn]

Following my telling them that they cannot refer to terms and conditions they have not included in their evidence, they are now telling me that, as they've just sent said terms and conditions, albeit two months late, not to the Court, just me, and only a fortnight before the hearing, that if I contiue to trial, they'll make an application to have me pay their 1k of costs representing themselves in this matter.

Is this likely to succeed?*