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Counterclaim against

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  • Counterclaim against

    I have a case against Lowells which I am counter claiming for stress (on health grounds) and for their harassment. The original amount was in dispute with E.on because of contract breach which was not settled. The case is possibly going to arbitration however Lowell's have offered to call it quits if I reply in 7 days about 3 left. I am reluctant to accept as I don't believe they had a legal right to pursue me because of the dispute They also can't make up their minds if they are suing me or are representing "their client" on their court forms. Advice please
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  • #2
    Hello

    Afraid we don't have enough information to give any substantial assistance and I think we need to understand the background so if you could answer some questions then we can look at what your options are.

    1. You say that you are counterclaiming, what is Lowell''s defence to the counterclaim, can you post it up?

    2. You mention that they can't make up their minds as to whether they are suing or representing their client but that seems to be confusing. Whoever is named on the claim form is the claimant, so who is claiming against you, Lowell or their client?

    3. Why do you believe that Lowell have a legal right to pursue you?

    Separately, I just wanted to point out that there is a general rule that you cannot claim for stress as a standalone cause of action. Compensation for emotional stress is very restrictive and common in cases of personal injury so if it did go to court, you might struggle with that.

    Also to point out that when you say arbitration, do you mean the small claims mediation service? Arbitration is an alternative to court so if proceedings have been issued, it wouldn't be arbitration that would be your next step.

    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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