Can I reject a claim for money if I was never invoiced

[newbieatlaw]

I will be sending the acknowledgement of service tomorrow. I am ready to send the admission form for admitting part of the claim. My question is, should I send this along with the acknowledgement of service form or should I wait and send the admission form with the defence form when that is ready? The instructions are not clear and generally just refer to the acknowledgment form giving you extra 14 days for defence (not explicitly saying that the admission form gets another 14 days too).

I am going to do by post, purely because I read about a character limit on the online particulars of claim box (I know I am not filling that in) and I wondered if there would be limits for the defence box too. I didn't want to start this process online (i.e. ack of service) then find I couldn't fit my defence in when the time comes.

So to sum up, simple question, do I need to send the admission form along with the ack of service form or can the admission form wait until defence form is complete (as long as they are both sent within the new additional 14 day limit)?

I have written a draft of the defence which is 4 1/2 pages. I read that you should keep it short and concise but I am not sure that it is possible in this case!

Also, should I pay the amount I agree to straight away? I am happy to. I understand that is sent to the defendant (specifically his solicitor in my case).

Update: I have just read the defence form and it implies that I don't even need to send the admission form if I pay the amount I admit to when sending the defence. I find these forms so contradictory!

[des8]

Just acknowledge receipt of claim on line
You can then file your defence and partial admission by email later

[R0b]

Morning, I would agreed with Des' analysis in that this is a dispute which relies heavily on the facts rather than the law. It would probably further support your case if your wife anyone else who witnessed the situation to provide a witness statement to that effect as that would amplify the concerns you had with this contractor and it was reasonable to renege on the arrangement.

If he has explicitly referred to the cost of materials not returned, and he never bothered to engage with you following his dismissal, then I wonder whether you should be admitting any part of the claim. He's not complied with the Pre-Action Protocols which should have been the Debt Protocols as he is a business and you are a consumer and the dispute relates to non-payment of a debt. Presumably had he asked for the return of the materials, then you would have agreed to hand them back - you can point out the claim was unnecessary and he should be penalised for non-compliance.

Of course it's up to you whether you choose to admit part of the claim or not.

[newbieatlaw]

My feeling based on what I have heard so far is that the cost of materials is almost certainly going to fall to me in the end, regardless of whether he has ever asked for the money. Would it be unusual to deny the claim on the grounds that I was never asked to return the materials and have never been invoiced for the cost of them, yet state that I am willing to pay the amount now that it has been specified and requested. I would use this when denying interest rates as I deem the money to be owed from the date of issuing the money claim rather than 2017 (as this is the first contact I have had regarding the claim). It feels like I have to deny the claim to expect to dismiss interest charges as admitting it was owed would imply it is overdue?

I could probably get a couple of witness statements. Definitely my wife. Probably my mother. I assume you just get their account written down and make sure they sign and date it and that it has the case number on it. Also include a statement of truth.

[des8]

Based on your earlier posts I would be disputing that the cost of materials is due to him.
You still have the materials he purchased,.
You acted as an involuntary bailee, have taken reasonable care of the goods and they await collection by him