Small Claims - False invoices

[NOCAB]

Hi,

I am taking my ex tenants to court for money owing from the deposit. In their defence they are claiming to be able to produce invoices for carpet cleaning and house cleaning and the cost of a replacement freezer door. During the check out process it is very clear that the freezer door is still broken and that the house and or carpets have not been cleaned at all. Dirt and grim is mentioned throughout the checkout report so its clear this hasn't;t happened. I have already asked my ex tenant for copies of the invoices for these works and or replacement items, but they have now engaged a solicitor and they have stated that these invoices will only be produced upon direction from the court. My concern is that will present false invoices as it is absolutely clear that they are lying ie the freezer door is still hanging off and was shown to be in this condition during the check out process, yet the tenant claims to have bought and fitted a new one.

How can I challenge the invoices (if they are produced) in order to establish;ish they are fake before we actually get into a court room and simply rely on he said/she said and a judge deciding without any hard evidence aside from what will be fake invoices.

Any help much appreciated.

[Holmes44]

Defend yourself in court. Took a client to court owing over £10k in rent and the useless lawyer read the notes 5 mins before being called. He was beyond hopeless knew nothing and we had to go back to court as I wasn’t allowed to speak. Therefore defend yourself and you can say exactly what happened.

[Holmes44]

Tenant not client !! I have other words I’d call her!!

[jaguarsuk]

Hi,

I am taking my ex tenants to court for money owing from the deposit. In their defence they are claiming to be able to produce invoices for carpet cleaning and house cleaning and the cost of a replacement freezer door. During the check out process it is very clear that the freezer door is still broken and that the house and or carpets have not been cleaned at all. Dirt and grim is mentioned throughout the checkout report so its clear this hasn't;t happened. I have already asked my ex tenant for copies of the invoices for these works and or replacement items, but they have now engaged a solicitor and they have stated that these invoices will only be produced upon direction from the court. My concern is that will present false invoices as it is absolutely clear that they are lying ie the freezer door is still hanging off and was shown to be in this condition during the check out process, yet the tenant claims to have bought and fitted a new one.

How can I challenge the invoices (if they are produced) in order to establish;ish they are fake before we actually get into a court room and simply rely on he said/she said and a judge deciding without any hard evidence aside from what will be fake invoices.

Any help much appreciated.

Has the other party filed a defence?

If so, does the defence mention the invoices?

[NOCAB]

Has the other party filed a defence?

If so, does the defence mention the invoices?

Hi, yes the defence mentions that these invoices will be produced under court direction if required. They have since entered a counter claim so I now need to file my own defence to this as well.

[jaguarsuk]

Hi, yes the defence mentions that these invoices will be produced under court direction if required. They have since entered a counter claim so I now need to file my own defence to this as well.

Does the counter claim state that you are liable to them for the invoices?

[NOCAB]

No the counter claim is not related to these invoices, the defendants solicitor (now cease to act - no idea why) stated that they would be produced in relation to their defence should they be directed to do so by a judge. I am slightly confused as to how their own defence (where applicable) would have any chance of success without these so waiting
on a judges order seems counter productive given it will be too late if they wait for the hearing and will not be able to retrospectively produce documents at this stage

[jaguarsuk]

Make a CPR 31.14 Request to them for copies of the invoices (delete the last paragraph of the template letter in this guide because that's not relevant to you) and add a paragraph that if they refuse it is your intention to make a CPR 31.14 Application to the court to force their disclosure or else their defence be struck out.

The caution I would add is that an application will cost you £255 and if denied could result in costs being awarded against you, so it's something you have to weigh up as to whether you just wait until exchange of witness statements. They have to exchange witness statements and all evidence with you 14 days prior to the hearing, so think they are being clever withholding it until then.

In the meantime you need to file a Defence to Counterclaim within 14 days of receipt of it, but you also have the opportunity to reply to the defence too.

If it were me I would file a Reply to Defence and Counterclaim as one document to pick their defence to pieces as well as their counterclaim.

[NOCAB]

Make a CPR 31.14 Request to them for copies of the invoices (delete the last paragraph of the template letter in this guide because that's not relevant to you) and add a paragraph that if they refuse it is your intention to make a CPR 31.14 Application to the court to force their disclosure or else their defence be struck out.

The caution I would add is that an application will cost you £255 and if denied could result in costs being awarded against you, so it's something you have to weigh up as to whether you just wait until exchange of witness statements. They have to exchange witness statements and all evidence with you 14 days prior to the hearing, so think they are being clever withholding it until then.

In the meantime you need to file a Defence to Counterclaim within 14 days of receipt of it, but you also have the opportunity to reply to the defence too.

If it were me I would file a Reply to Defence and Counterclaim as one document to pick their defence to pieces as well as their counterclaim.

Many thanks I have already done as you suggested re replying but thank you for confirming this is the correct approach. I will also now follow your advise re the CPR request re invoices.

Appreciated

[jaguarsuk]

Many thanks I have already done as you suggested re replying but thank you for confirming this is the correct approach. I will also now follow your advise re the CPR request re invoices.

Appreciated

Did you file a properly formatted defence to the counter claim?

[NOCAB]

Did you file a properly formatted defence to the counter claim?

Hi, I think so, although I did not use a particular form set, I simply took each point mentioned in the counterclaim and responded to each.

No dates as yet have been submitted by the courts for any documentation provision so I assume I could always add to anything already submitted?

[jaguarsuk]

Hi, I think so, although I did not use a particular form set, I simply took each point mentioned in the counterclaim and responded to each.

No dates as yet have been submitted by the courts for any documentation provision so I assume I could always add to anything already submitted?

Okay, was there a statement of truth at the end of it?

[NOCAB]

Yes duly signed and dated

[jaguarsuk]

Yes duly signed and dated

But did it contain the wording:

The Part 20 Defendant believes that the facts stated in this Defence to Counterclaim are true.

or similar?

Singing and dating isn't enough alone for it to be compliant with CPR.

[NOCAB]

It was worded in the same format as the statement of truth provided by there solicitor before they ‘ceased to act’