Small Claims now Libel - Struck Out? How?

[steve1011]

I have an ongoing small claims case that has been going on since June last year. It's all based on staying in a holiday lodge in June last year and leaving the lodge we stayed in for 4 nights, giving the cleaner a littlle bit of work to do. However, no damage was done. The person suing is now looking to add 'libel' based on a review which was 100% truthful on top of the damages that she contradicts herself on constantly. I now have 3 weeks to submit a second defence. (I am the lead passenger but 6 of stayed)

The timeline of what's happened up to now is as follows:

Stayed in Lodge: 16th - 20th june 2022 for £615

Left lodge within 30 mins £100 deposit take

A few days later left a review on Booking.com, very poor review

26th July 2022: She made a claim online (Money claim)

Around start of August 22: I received her particulars of claim

Contacted her and tried to settle outside of court as in, keep the £100 deposit which they already took and call it a day but she wanted £600 so declined because bar the cleaning of the house there's nothing that cost £600....

Went through the process disputing all of her claim as above

Received all her documents however everything contradicts each other and no evidence so for example she may say the carpet cleaning cost £120 then a bank statement to a completely random person for £180 and in biro at the side writes on what 'its's for.' An actual example would be the rug that was 'destroyed' there's no images to show destroyed rug. There's a bank statement to show on the 19th January (4 months before we stayed) the rug was 'purchased' from a completely random person which we only know that person 'sells rugs' as its in biro at the side? The Cleaner in her 'witness statement' which has no statement of truth at the bottom just a random email says the 'rug took hours to clean' She then states in her witness statement that the rug was thrown away....

There is many times in her original documents she contradicts herself, or her witness or can she really refer to bank statements that in no way proove her case. Fort example 'Jim Brown' and then then in biro 'Bought a rug of him.'

On the 9th January 2023 this went to court I looked it up and assumed due to the rubbish she wrote pursuant to CPR 27.9 I didn't attend and a few days later I got a letter back....

Apparently the court has noted that the Claiment seeks to claim additional items of damage and loss and additionally seek for loss of profits. (I think the person that stayed after that she's tried to claim for (without terms and conditions or any evidence) she's gone away and decided to claim for libel.....

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Now (without evidence got more claims by duplicating (literally) what shes already claimed for or shit loads of documents like its Rooney vs Vardy and its all bullshit cause the review was my honest and truthful opinion!

I have 21 days to write another defence, can I quote how many times she's lied in her own documents? Can it be struck off? Is it abuse of power? or what is the best course of action? Many thanks if anyone helps but this is a joke now from £100 deposit to £600 outside court, to £1240 by money order to £4000+ including libel.

I can send all docs but surely she can't do this???????

[EXC]

It's not clear what happened to the original claim or who it was that didn't attend the hearing.

But in any event, unless you agree in writing, claims for libel (defamation) cannot be started in the County Court. See CPR 2.9 (1)

PRACTICE DIRECTION 7A – HOW TO START PROCEEDINGS – THE CLAIM FORM - Civil Procedure Rules (justice.gov.uk)

Where the defendant doesn't give their written consent, the County Court may either dismiss the case on jurisdictional grounds or transfer it to the High Court (both scenarios have happened to people here) but if it goes to the High Court, the costs and complexity for the claimant increase significantly. The court hearing fee for the claimant alone is £1200. So unless they have deep pockets and expensive legal representation they wouldn't have much hope of getting very far.

[steve1011]

That's good to know, thank you! The original claim will still be heard

[steve1011]

but the court said the following:

She attended and I didn't pursuant to CPR 27.9

AND UPON the court noting the Claimant seeks to claim additional items of damage and loss and additionally seek damages for loss of profits. Her documents are a complete mess. I think the court is referring to her trying to claim for the next 'holiday maker' cancelling their booking which she is trying to claim for without any evidence what so ever or terms and conditions etc... She has taken the 'loss of profits' that she can claim for 'libel.' It doesn't appear so based on what u say above.

The reason I didn't go is because the whole claim is ridiculous, for 4 nights was £615 plus the £100 deposit she's taken. The cleaner could have cleaned and that would have been it but the cleaner ran round and instead of cleaning took pictures of the 'messy' lodge. I was out of the 6 of us the lead passenger. I have pictures that are completely irritant, the things she is claiming for she has no pictures and her 'receipts' are bank statements sent to a random person, in some cases a director of her own company, no itemization, no actual receipts etc.... In biro she 'clarifies' who and what the amount was for.

The best one is an 'amendment' she has made for wood glue and vinyl which after we stayed for 3 nights until the start of June she has shown a bank statement from the 30th june, 3 and a half months later in a rental property showing she went to B&Q (no receipt, no itemization) and spent £66.50 which she's now adding. A broken door, the door when left wasn't broken, 3 and a half months later it was but adding it to this claim??? Lie's and condictiones, its wrong and with adding 'libel' now up to £4215??? Crazy!!!

Thank you for letting me know about CPR 2.9 (1). Appreciated. If you have any advice on the above please let me know.

Many thanks!

[steve1011]

*30th June I meant 30th September

[EXC]

In short if the claimant can't even produce receipts for the alleged losses then they can't demonstrate they have a cause of action.

But you were unwise to fail to attend the hearing simply because you thought the claim was 'ridiculous'.

[islandgirl]

The cleaner could have cleaned and that would have been it but the cleaner ran round and instead of cleaning took pictures of the 'messy' lodge.

Although much of this claim sounds very odd and should fail, it seems that there was a total lack of respect for the accommodation. How messy is messy? Why stay 4 nights if it was so awful? As a holiday cottage owner I can see that there could be an extra cleaning charge - as you say she retained the deposit. Of course it depends how messy it was! I do not see how she can claim for loss of business. If I were you I would find the terms and conditions you signed and use those as the starting point. And of course you should have turned up - thinking the claim was ridiculous was no excuse.