Strike out or Summary Judgement? Defence is using court to intimidate

[JessB99]

I'm wondering if I have a chance at striking out a defence or requesting Summary Judgement due to the lack of evidence the defence has provided when defending the claim.

They have cherry picked emails, but just copied and pasted details into the claim form. The defence is very much a rambling of denial along with accusations that are untrue and with no evidence provided.

I have evidence against 80%-90% of the defendants particulars.

The company ignored emails, phone calls and a 'letter before action' which is why I started the claim. They submitted their defence on the deadline day and have said no to mediation along with a threat to counterclaim if this claim is not dropped.

The issue is that they defendant says that I worked over budget, however there was no set budget and no written confirmation of this. The work was completed following a verbal agreement. Paid of the balance was paid, however this is just an amount they've pulled off the top of their head for the 'budget'.

I am confident I have enough evidence in favour of my claim, all of which had been provided to the defendant which was ignored in the defence.

They have gone into details regarding an issue that arose 9 months after the invoice. They did not allow me to correct this issue nor is it in no way related to the work I completed for them, and are now using this as a reason not to pay the claim.

I also believe the defendant has filled in the defence form incorrectly.

Claim is for £3000, they have written that they have paid £8000 (their 'budget') so the claim amount has not been paid.

They've also stated they 'reserve the right to counterclaim'

Any advice would be great!

[jaguarsuk]

I'm wondering if I have a chance at striking out a defence or requesting Summary Judgement due to the lack of evidence the defence has provided when defending the claim.

They have cherry picked emails, but just copied and pasted details into the claim form. The defence is very much a rambling of denial along with accusations that are untrue and with no evidence provided.

I have evidence against 80%-90% of the defendants particulars.

The company ignored emails, phone calls and a 'letter before action' which is why I started the claim. They submitted their defence on the deadline day and have said no to mediation along with a threat to counterclaim if this claim is not dropped.

The issue is that they defendant says that I worked over budget, however there was no set budget and no written confirmation of this. The work was completed following a verbal agreement. Paid of the balance was paid, however this is just an amount they've pulled off the top of their head for the 'budget'.

I am confident I have enough evidence in favour of my claim, all of which had been provided to the defendant which was ignored in the defence.

They have gone into details regarding an issue that arose 9 months after the invoice. They did not allow me to correct this issue nor is it in no way related to the work I completed for them, and are now using this as a reason not to pay the claim.

I also believe the defendant has filled in the defence form incorrectly.

Claim is for £3000, they have written that they have paid £8000 (their 'budget') so the claim amount has not been paid.

They've also stated they 'reserve the right to counterclaim'

Any advice would be great!

Okay so I need to understand where this claim is up to because you are mentioning mediation.

You have filed a claim, they have filed a defence, have you received an N180 Directions Questionnaire?

If you have not, have they said they won't mediate in their defence?

It would be useful to see your claim form (and if you sent detailed Particulars of Claim that too) along with their defence. Please remove any personal information to ensure your anonymity.

If they wanted to Counterclaim then they should have filed this with the Defence, it seems they don't really have much of an idea what they are doing and that's not really a bad thing.