Maximum counter claim

[EnglishRose1]

Hi
Could someone tell me what is the maximum amount you can claim for in a counter claim in small claims court? I understand it's £3k but in this situation we want to counter claim for £3k as well as retain the amount we're being sued for i.e. total would be greater than £3k. Much appreciated.

[nemesis45]

Re: Maximum counter claim

Up to the jurisdictional limit for the particular level of court, the court/judge will ultimately decide on the balance of probabilities that the counter claim is valid.

nem

[EnglishRose1]

Re: Maximum counter claim

Thanks for getting back to me. So, in my counter claim I would write that we're claiming £3k and that we don't feel it's appropriate to pay the amount we're being sued for. Originally I was going to say that we were claiming the whole amount and that it was partially offset by the amount we're retaining, but that takes the counter claim over the £3k mark.

[stevemLS]

Re: Maximum counter claim

To remain in the small claims track, the maximum is £10k, but I don't quite understand why you are including the amount you are "retaining" in the sum of your counter-claim.

In essence, you are saying that the amount claimed from you is not due but that, in fact, you have a claim against the claimant that you value as £x.