Outrageous counterclaim filed in contract breach case

[orbit500]

Usual case of builder, deciding for whatever reason that he didn’t want to finish the job and walking off. In this case he sent me an email saying he wasn’t going to carry on with the job, apparently because I hadn’t signed his terms and conditions. This is despite him sending me a quote, me accepting the quote and explicitly agreed the terms by email, 40% of the job being done and me, having paid 60% of the quote price. In reality, he didn’t have the skills to complete this complex Pool surround and patio, and after numerous faults became apparent, he decided to cut and run.
He demanded a settlement sum which I promptly paid under protest and so I fully reserve my rights.
So, of course, I had to engage another contractor at short notice to complete the job and inevitably there was a moderate over cost of £7k or about 25%.
When I submitted the claim for this amount, he responded with a counterclaim for 21k. This consisted of the remaining 40% of the original contract as he claimed it was lost profit opportunity. Secondly, was administration costs for defending my claim. Thirdly was £300 for legal advice on defending the claim. Lastly (and most ridiculously) was 4k for injury to feelings. It seems he lost a lot of weight, had trouble, sleeping et cetera(!)
My thoughts are this goes beyond a Claim with little or no prospect of success and into abuse of process. If a solicitor had drafted this counterclaim, I’m not sure the SRA would’ve looked to kindly on it.
Thoughts?

[efpom]

It's not an abuse of process.

You are being sued for £21k - the judge will make a judgment and the best outcome for you is that the the entire claim is struck out and marked as completely without merit.

[atticus]

I doubt that even if a solicitor had drafted it, this counterclaim would interest the SRA.

[orbit500]

Thank you both. I’m wondering then, what the consequences are, if any beyond losing your court fee, for a wildly exaggerated and groundless claim?
Also, my claim is 7k and thus allocated to small claims track, would his counterclaim being 21k be heard in the same hearing and does it have cost consequences if that counterclaim fails?

[atticus]

The consequences are that the court makes its rulings on the counterclaim. The court is the means provided by the state to resolve disputes between citizens.

It is possible that part of the intention is to try to make you want to settle the case.

[orbit500]

Understand. I’m just astonished that a claimant can make a claim like “we didn’t know where our next job would come from or how we would pay that week’s wages” when the evidence shows they had £280k in the bank and a full order book.
I was under the impression that making false statements to the court is contempt or perjury?
Maybe I’m just too naive if this is considered merely process.

[efpom]

https://www.kerseys.co.uk/seven-stag...court-process/

May I suggest you post up your Particulars of Claim (POC) and the POC of the counter claim and and say where in the court process you are, at this stage.

That will facilitate giving on point assistance here.

I understand your irritation about the content of the counter claim but you do need to put that aside -"outrageous" claims happen daily, but it's for the judge to decide, whether, in fact, that is so.

[atticus]

Concentrate on proving/disproving what you need to prove/disprove. Once the judge has made his/her findings, he/she may consider whether there need to be any further consequences.

[orbit500]

Thank you and as attached. Hopefully, this is clear?

[wales01man]

Is this Builder having a laugh? Never seen such nonsense bet he cries himself to sleep at night over this

[orbit500]

You'll like these 'witness statements' then.

[Pezza54]

Were either of the builder's PoC or Witness Statement finished with a signed Statement of Truth? If not your Reply to Defence and Reply to Counterclaim should ask the court for these documents to be struck out.
I take it you weren't provided with any evidence of stress such as doctor's letter. If not, another point to write in your defence to counterclaim.

[orbit500]

Were either of the builder's PoC or Witness Statement finished with a signed Statement of Truth? If not your Reply to Defence and Reply to Counterclaim should ask the court for these documents to be struck out.
I take it you weren't provided with any evidence of stress such as doctor's letter. If not, another point to write in your defence to counterclaim.

Neither sworn as true. No evidence on 'Additional Management Time ...' or Injury To Feelings (not that you can claim that I gather).
Also, via credit report, his Ltd had a cash balance of 280k in bank so I don't know where 'we both struggled financially' came from (other director's statement).

Regarding this question

Also, my claim is 7k and thus allocated to small claims track, would his counterclaim being 21k be heard in the same hearing and does it have cost consequences if that counterclaim fails?

Any advice there?

[Pezza54]

This may be a case for applying to the court for Summary Judgement (Part 24) before allocation to a track. There are forum members with more knowledge and experience of CPR and will hopefully advise on this.

[atticus]

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