*** DISMISSED *** Small claims for stabling fees

[jaguarsuk]

Having reviewed your document I'd say 3 is inconsistent with your accounting, as when your horses died you did not reduce in your own accounts and only reduced it in July after the meeting with the Claimant. I would say a judge would side that the agreement was a price for the space irrespective of the number of horses occupying it if this is pointed out by the claimants solicitor.

Also, you can admit 7 as you did leave without notice and there was no requirement for notice.

Other than that I'm on the same page as you, so bear with me while a do a little editing and we'll have a look at a first draft of the Defence for Rob to then cast his eye over.

[jaguarsuk]

Deleted - first draft of defence containing a lot of typos. Typos corrected and reposted in post #57

[Stopbox]

All I can say is WOW

paragraph 16, does this not slightly contradict itself by saying

“has suffered no loss by the defendant terminating the agreement within the agreed terms”

as as there were no agreed terms?

[jaguarsuk]

All I can say is WOW

paragraph 16, does this not slightly contradict itself by saying

“has suffered no loss by the defendant terminating the agreement within the agreed terms”

as as there were no agreed terms?

No, so you admitted to her Solicitor you entered into an agreement in the letters before they filed a claim.

All agreements have terms otherwise they can’t be agreements and the only terms were you’d pay for the space and the amount you’d pay.

You terminated the agreement without breaking any of the agreed terms.

Its only a draft draft and you can take it out, it doesn’t make a difference to the point your making if you remove the whole sentence and just leave in

“”Paragraph 7 is admitted, there was no notice period required as part of the agreement and the Defendant was not obliged to give notice.””

[jaguarsuk]

Typo in point 11 change

...in cash from 07/07/2017 to 09/12/2018.

to

... in cash from 07/07/2017 to 09/12/2017 when the Defendant vacated the stable.

[Stopbox]

In reference to the signed note. The Claimant made me write it out and sign, but I did I not state who it was for or date it. I’ve got a copy of it, if that helps. But it might mean amending Paragraph 18

[jaguarsuk]

In reference to the signed note. The Claimant made me write it out and sign, but I did I not state who it was for or date it. I’ve got a copy of it, if that helps. But it might mean amending Paragraph 18

Yeah post a copy, making sure identity is protected by removing name or signature.

It will mean amending point 18, I’ll change point 11, 16 and 18 plus any other things suggested by others in the morning and re post the draft.

I’m on my phone at this time of day and it needs to be done in MS Word really .

[Stopbox]

CFBE27C0-B03B-4E3E-A528-942B8979C814.jpeg That’s ok, there’s no rush at the moment. I should also point out that I am diagnosed with suffering from anxiety and panic attacks and that I can become quite withdrawn when confronted. I can get a doctors letter to confirm this if it helps in any way.

[jaguarsuk]

That information will go in the witness statement later, but a doctors letter won’t hurt supporting undue influence. It’ll probably cost £10, get a receipt and you can ask for it as part of a costs request if you win. Obviously I don’t need to know your identity and you have mentioned your husband, but I don’t want to assume your gender. When doing the next draft in the morning I can remove the he/she if you tell me what gender you identify as if you indeed identify as either gender?

[Stopbox]

Im definitely a ‘She’

[R0b]

Not ignoring this thread but will have a look at Jaguar's draft and make any comment, more likely tomorrow

[jaguarsuk]

Okay here's the bits corrected.

1. I received the claim [Claim Number] from the [Location e.g London] County Court on [Date you received the claim].
2. The Defendant denies that she is liable to the Claimant either as alleged in the Particulars of Claim or at all. Save where otherwise admitted, each and every allegation in the Particulars of Claim is denied.
3. This claim appears to be for a verbal agreement regarding livery fees for a stable, but the Claimant claims a sum based on a loan agreement.
4. It is denied that the Defendant has previously entered into any agreement with Claimant for provision of credit.
5. The Claimants statement of case fails to give adequate information to enable me to properly assess my position with regards the claim.
6. The Claimant’s Particulars of Claim fail to state when the loan agreement was entered into.
7. On the [Date] I sent a request for inspection of documents mentioned in the claimant’s statement of case under Civil Procedure Rule 31.14 to [Claimant’s Solicitor Name]. I requested the Claimant provide copies of the loan agreement and record of agreement.
8. [Claimant’s Solicitor Name] has not sent any of these documents to me.
9. In so much as the Particulars of Claim appear to relate to a verbal agreement regarding livery fees for a stable the Defendant shall respond to each numbered paragraph.
10. Paragraph 1 is admitted.
11. Paragraph 2 is denied save for the Claimant requested the Defendant be sole user of the stable and entered into an agreement in 2012 to lease a stable at £100 per week running until 06/07/2017 with payment made in cash. The Claimant verbally amended the agreement with the Defendant on this date to reduce the fee to £50 per week in cash from 07/07/2017 to 09/12/2017 when the Defendant vacated the stable.
12. Paragraph 3 is admitted save for the Defendant disputes the Claimants written record of the agreement exists.
13. Paragraph 4 is denied, the additional stable built for a pony was not built for or utilised by the Defendant. The Defendant fails to see the relevance of this to the claim.
14. Paragraph 5 is denied, the Defendant had paid the Claimant in advance until the 22/12/2016 and then made further payments on 17/12/2016, 06/07/2017 and 23/09/2017.
15. Paragraph 6 is denied. The Defendant made payments of £2,000 on 17/12/2016, £1,200 on 06/07/2017 and £1,000 on 23/09/2017 totalling £4,200.
16. Paragraph 7 is admitted, there was no notice period required as part of the agreement and the Defendant was not obliged to give notice.
17. Paragraph 8 is denied, the Defendant had paid in advance until 22/12/2016, made the further payments detailed in paragraph 15 of this Defence and left the stables on 09/12/2017. Liability was 28 weeks at £100 (22/12/2016 to 06/07/2017), 22 weeks at £50 (07/07/2017 to 08/12/2017) and 1 day at £7.14. This amounts to 50 weeks and 1 day levying £3,907.14 in fees. The Defendant has overpaid the Claimant and is owed £292.86 by Claimant.
18. Paragraph 9 is denied, the note in question is unenforceable as a contract due to Undue Influence. The Defendant did not give the note to the Claimant as alleged, the Defendant was made to write and sign it by the Claimant under duress. On 20/12/2017 the Claimant visited the Defendants place of work uninvited, wrongly informed staff in the store area she had permission to access the private offices area not accessible to the general public and trespassed on private property to confront the Defendant in a harassing and aggressive nature. The Claimant refused to leave unless the Defendant wrote and signed said note.
19. Paragraph 10 is denied, the incident as recounted in Paragraph 18 of this Defence was reported to the Police under the following crime reference numbers XX (Buckinghamshire Police) and XX (Thames Valley Police), as well witnessed by five separate colleagues of the Defendant whom have provided Witness Statements.
20. Paragraph 11 is admitted, the Claimants solicitor wrote to the Defendant claiming that she was liable for three different sums of money. The Defendant denies owing the Claimant those sums of money, the sum alleged in the Particulars of Claim or at all.
21. Under Civil Procedure Rule 16.5 (4) where the claim includes a money claim, a Defendant shall be taken to require that any allegation relating to the amount of money claimed be proved unless he expressly admits the allegation. Therefore, it is expected that the Claimant be put to the strictest proof to prove the allegation that the money is owed as claimed.
22. If further documents and/or clarification of their case is received by the Defendant from the Claimant, the Defendant may be in a position to properly asses her position and amend her defence accordingly. The Defendant asks the Claimant be ordered to bear the cost of any amendment to the defence.
23. For the reasons stated in this Defence, it is denied that the Claimant is entitled to the recovery of the sum of £4700 or any sum of monies from the Defendant.
24. The Defendant respectfully requests that this claim be ordered struck out or dismissed in accordance with CPR Part 24.2(a)(i), in that the Claimant has no real prospect of succeeding on the claim.

[Stopbox]

Paragraph 9 is denied, the note in question is unenforceable as a contract due to Undue Influence. The Defendant did not give the note to the Claimant as alleged, the Defendant was made to write and sign it by the Claimant under duress. On 20/12/2017 the Claimant uninvited visited the Defendants place of work, circumvented the security in place at the entrance and trespassed on private property to confront the Defendant in a harassing and aggressive nature. The Claimant refused to leave unless the Defendant wrote and signed said note.

Where you've put 'circumvented the security in place at the entrance and trespassed on private property', does that also relate to shops? I work for an horticultural and agricultural business. The stores area in where the customers can come into, then if they want to see anybody, they request the staff and get shown to us. I am the sales administrator and have my very own tiny office completely away from stores and you have to go past all the salesmen's offices to get to me.

I agree with everything else, I have put in a request today from my GP for a letter to support my health issues.

AND I'm keeping a record of everything that my manager has put me through since this incident happened, as well.

[jaguarsuk]

Where you've put 'circumvented the security in place at the entrance and trespassed on private property', does that also relate to shops? I work for an horticultural and agricultural business. The stores area in where the customers can come into, then if they want to see anybody, they request the staff and get shown to us. I am the sales administrator and have my very own tiny office completely away from stores and you have to go past all the salesmen's offices to get to me.

I agree with everything else, I have put in a request today from my GP for a letter to support my health issues.

AND I'm keeping a record of everything that my manager has put me through since this incident happened, as well.

How about

Paragraph 9 is denied, the note in question is unenforceable as a contract due to Undue Influence. The Defendant did not give the note to the Claimant as alleged, the Defendant was made to write and sign it by the Claimant under duress. On 20/12/2017 the Claimant uninvited visited the Defendants place of work, wrongly informed staff in the store area she had permission to access the private offices area not accessible to the general public and trespassed on private property to confront the Defendant in a harassing and aggressive nature. The Claimant refused to leave unless the Defendant wrote and signed said note.

[Stopbox]

Perfect