*** DISMISSED *** Small claims for stabling fees

[Stopbox]

AD4626BB-527C-448D-8005-87A7979ECD85.jpeg

[R0b]

Why don't you upload the claim form and we can tell you what it is. If the claim form says date of service as being 19 March then it will be 28 days from that date.

[Stopbox]

In that case I’m lost, there’s a second date on the form but I can’t see it very well or know what it’s for but it looks like ‘??? Claims Centre 7th March’

then Date of Service 19th March 2018

so which date do I work from

[R0b]

Its actually 33 days from the date of claim form, not service (service of the claim form is 5 days after the date of the form + 14 days to file a defence + a further 14 if you acknowledge the claim).

I would refer back to post #11 and use the template I uploaded before you consider drafting your defence. It will help you when you need to explain whether you admit or deny the allegations.

As for quantifying damages for harassment, cases are few and far between so it might be difficult to grasp what sort of damages you might be entitled to. It is likely to turn on the number of times you were harassed, how the harasser carried out the harassment e.g. in person, over the phone, email etc.

Ferguson v British Gas 2009 is the prime example of a claim for harassment though I am not sure your issues are the same as those set out in that case.

Potter v Price 2004 is another case which confirmed that sinister and alarming emails as well as anonymous phone calls in relation to a commercial debt can amount to harassment.

One thing to consider is that harassment for civil claims is a statutory tort and has been made akin to personal injury type cases in relation to the distress and anxiety. The reason why I mention this is because the small claims track will be the usual track for personal injury claims up to a value of £1,000. Therefore if you claim anything beyond this in terms of harassment, you open yourself up to the possibility of paying legal fees and may outweigh a claim altogether. You should consider limiting any claim for harassment to no more than £1,000 if you want to keep it on the small claims track.

[jaguarsuk]

Saturday, 21 April 2018

https://www.timeanddate.com/date/dat...aw=&ad=33&rec=

In which case you gave until 4pm Monday 23rd April 2018 to file as if your date falls on a weekend or bank holiday it’s the next working day at 4pm.

[Kati]

Yes, it's 33 days! I haven’t done the maths to confirm the date though.

Saturday, 21 April 2018

https://www.timeanddate.com/date/dat...aw=&ad=33&rec=

[jaguarsuk]

One last question, in the letter I’ll be sending tomorrow. The date of filing my defence, will this be (if I’ve understood you correctly) 20/4/18? - 33 days from date of service

Yes, it’s 33 days! I haven’t done the maths to confirm the date though.

[Stopbox]

One last question, in the letter I’ll be sending tomorrow. The date of filing my defence, will this be (if I’ve understood you correctly) 20/4/18? - 33 days from date of service

[Kati]

I'm on my phone in the pub having a beer right now

hope it's a proper beer (with a whiskey chaser lol) xx

[Stopbox]

Excellent, thank you for all your help. Enjoy your beer, you deserve it

[jaguarsuk]

Ok, my husband suggested the same thing, and yes it makes much more sense (I was going by what the CAB had advised). How do I work out compensation regarding the harassment?

The CAB are more of a hindrance than a help sometimes, you’d think they’d be better informed. That’s not a dig at you by the way, you asked their advice and followed it trusting them. It’s just a frustration on my part.

Anyway, back to the subject in hand.

That is a very good question and I don’t know the answer. I’m on my phone in the pub having a beer right now, so this is something I’ll research tomorrow and then we’ll pick up from there.

I’ve already got what I believe to be a good draft of your defence typed up, so you’re miles ahead right now.

[Stopbox]

Ok, my husband suggested the same thing, and yes it makes much more sense (I was going by what the CAB had advised). How do I work out compensation regarding the harassment?

[jaguarsuk]

Date of service on the claim form was 19/3/2018

Brief details of claim
For unpaid stable fees at farm arising during period 26/11/16 to 31/12/17


also, with reference to my 2 deceased horses, I lost the first on 17/10/15 and the 2nd on 4/2/16 so from 5/2/16 this was when I went down to 2 and this is what I’m hoping to make my counterclaim against.

Good we have ages to get the Defence and Counterclaim all figured out. The claim form is brief as there’s limited space in the box and it’s why the Solicitor has provided separate Particulars of Claim, in a very timely fashion too.

I think the problem you might have there is that on your accounts you are paying £400 a month until July 2017 and then reduce your own accounts to £200 a month.

The question a judge would ask is why under the terms of the agreement if you thought you were paying on a per horse basis as opposed to a flat rate for the space regardless of occupancy do your accounts show you paying £400 a month despit the stable being occupied since Oct 2015 by 3 horses and Feb 2016 by 2?

You are going to need to show those accounts along with bank statements to show add to their credibility to defeat her claim in my opinion. And if you were to alter your account the sums and timelines simply wouldn’t add up.

Your counterclaim should be for the items you can prove you stated you’d counterclaim for in the letter to the Solicitor, the overpayment amount owed after you left on 9/12/17 and compensation for the harassment by the claimant at your work place in my opinion.

[Stopbox]

Date of service on the claim form was 19/3/2018

Brief details of claim
For unpaid stable fees at farm arising during period 26/11/16 to 31/12/17


also, with reference to my 2 deceased horses, I lost the first on 17/10/15 and the 2nd on 4/2/16 so from 5/2/16 this was when I went down to 2 and this is what I’m hoping to make my counterclaim against.

[jaguarsuk]

The only grey area is that the July payment was made from me selling lots of horse stuff, I did not take cash out of the bank, however I have kept details of what I sold c/w picture, who it was sold too and when it was sold.

i presume with the overpayment that you state, you are not working on the fact that according to the claimant I have to pay for 4 weeks notice ie to end of December 2017.

No, there was no written agreement and I would assert that there were no terms for you to give any notice at all.

Bu saying you paid the £7.14 per day for the 8th and 9th December you then assert that you were only liable for the actual usage, which you paid and that once vacated the Claimant was free to lease the space to someone else, so has suffered no loss.

I know you have Acknowledged Service, but what was the date on the claim form so that we can figure out your deadline day for Defence?