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Desperately seeking help with my claim / defending counterclaim - Please!

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  • Desperately seeking help with my claim / defending counterclaim - Please!

    Hello I will try to keep the background & summary of the case as short as possible-
    1. I contacted the defendant approx 15-months ago and enquired about commissioning her to perform & produce a number of 'custom-scripted' for me.
      The defendant quoted me a total price for producing a certain number of videos, got paid that total sum of money (just over £3,000), but then only produced 1/2 that number of videos.
      She then blocked me and stated she no longer wished to have any future dealings with me, but refused to refund the money paid for those non-produced videos.
    2. Part of our agreement, upon which the videos were ordered & paid for, was that I would have the right to re-sell the videos online.
      However as the defendant subsequently then threatened to 'sue me' if I did sell the videos online, she breached the contract & put me under duress, thus rendering the produced videos of no value.
      Therefore my claim was for the sum of money which I paid for the produced videos, due to her breaching the contract by putting me under duress, plus for the money which I paid her for the non-produced videos.

      I have written evidence showing (and proving) each & every element of those claims.
    The defendant however has filed a counterclaim saying-
    1. Because I had mentioned a few times that ''depending on how the initial order went I would be looking to/interested in placing more orders over the future months & years for approx 45-50 more videos'' | That because I didn't proceed to ever place those orders I 'breached contract', and thus should be liable to pay her the full sum of money that she would've earned if I had placed all those orders.
    2. That because I told mutual-associates of ours about what she had done, and because that information then apparently got circulated amongst people, and was apparently was heard about by 1 of the brands which she regularly worked for as a self-employed contractor, that because she then was ''driven out'' of working for that brand, and because there was apparently an 8-week period until she started regular work for another brand (again merely as a self-employed contractor), that I should be liable for the money which she claims she would've earned from Brand A during that 8-week period if she hadn't ceased working there/had been offered work by them during that 8-week period.

      She hasn't provided any evidence showing any letters from Brand A as to any reason why she wasn't offered work during that 8-week period, has simply provided copies of private messages which I exchanged with mutual-associates of ours in which I told them what she did.And the only mentions of any future orders by me were simply, as I stated, messages where I said that I would be 'looking to/interested in' placing future orders, depending on how this 1st order went.

      *The rest of her evidence is simply just screenshots of various random people saying unpleasant things to me on Twitter, none of which/or whom are of any relevance whatsoever to this matter, and all of which occured many months after this matter even.


      #
    Unfortunately as when she filed her defence & counterclaim, the court only told me I needed to file an N180 form, I didn't know that I had to also file a defence to her counterclaim within 14days!
    I only foundout about that when she requested a default-judgement due to me not having filed my defence within 14-days.
    (That judgement is scheduled to be made on the date of the trial, in November).
    As things stand I have filed an N244 requesting that judgement be set-aside, on the basis that I feel I have a reasonable chance of successfully defending the claim due to her claim not having any legal basis/being in breach of various aspects of the Consumer Rights Act.
    I did also make her a pre-trial settlement offer of a mutual-wthdrawal of claims (which would result in me losing that £3,000+ forever), however as she has been making up very serious allegations about me to people I know/associate with professionally, saying that I'm a paedophile... ect, the damage which that is having on my life is far worse than £3,000!
    She however rejected my offer.

    #

    I am now trying to formulate, and then write in a clear & concise manner my reasons why I believe I have a good chance of successfully defending the claim, and will then read that statement out to the judge at the hearing.

    But if I post that statement on here, would any of you please be kind enough to review it for me, and let me know if it looks ok from a legal perspective please?




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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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