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

[Stopbox]

I understand why you might add it in, but I personally don't see that it adds anything at this stage and would suggest this is raised in the witness statement if they haven't complied and therefore suggest a costs sanction might be appropriate for failing to comply or something to that effect. I don't think the written record that it began is that important unless it has signatures on there since it is already admitted that the agreement started on that date. I did caveat that admission by not admitting the written record and if you go back to paragraph 1a. I said that any non-admissions made then requires the claimant to prove.

.

It has signatures on it, to prove that I paid her. But I was never ever given a copy even though I produced it.

[Stopbox]

I have had a response from the claimants solicitor in regard to the request for evidence, here’s there response:

[jaguarsuk]

Doesn’t seem to be working on my phone

[Stopbox]

Doesn’t seem to be working on my phone

Is this any better?

5658E6B8-929A-4DC6-9F3C-9AA4874D79C8.jpeg

[jaguarsuk]

Is this any better?

Yes and her Solicitor is basically an idiot. Although, he'll have added costs to her bill for that letter and so maybe not as stupid as he comes across, which if you win she'll be paying by the way.

The letter you sent quite clearly states that you require what is mentioned in the statement of case and therefore the references puzzling his client are from his own statement of case.

As for the timetable of the court to disclose documents he is referring to the order for the hearing which will detail exchange of witness statements and documents to take place usually 14 days before the hearing, this suggests that they think they have something more than just the note you signed and I assume the Claimant has been keeping her own supposed record of payments.

You can now go on to finalise your defence and counterclaim (post a copy on here with details removed to be reviewed once done). You can state in it they are being unreasonable by refusing to disclose documentation under CPR 31.14 which severely hinders your ability to plead your case and that should you need to amend your Defence at a later date the court order the Claimant bear the costs of any amendment. Or as R0b has suggested you could leave this for the Witness Statement.

It all adds to the picture you are building up of your credibility and their lack of credibility. As well as giving you something to use should they win to ask that they are not awarded costs under CPR 27.14 due to unreasonable conduct.

If you really wanted to you could apply to the court for an Unless Order asking that the Part 31.14 be enforced by the court and unless those documents are provided by the date the court orders the claim be struck out, however that'd cost you £255 to apply and if you were unsuccessful in the application would have costs implications. More on Unless Orders here: http://legalbeagles.info/forums/foru...order-at-court

The documents are in the Statement of Case and the Solicitor has basically stated he doesn't have a loan agreement, so I'd say it's unlikely you would lose. If you were successful you would ask for the costs of the application to be paid by them to you and then you could launch a claim of your own instead of a Counterclaim.

However, if you file a Defence and Counterclaim at the next stage you'll get to move the claim to your home court (the one closest to you) where as if you had it struck out and then lodged a claim they'd get to play on home turf.

I think continuing with the Defence and Counterclaim a better choice personally.

[jaguarsuk]

Your deadline to file your Defence is 4pm on Monday 9th April 2018 (this coming Monday), but now you know all you need to know I would get it finalised with your Counterclaim and posted here for editing ASAP ready to file it on Friday.

A lot of people don't come on here over weekends, I certainly don't.



Over the weekend send a copy of the Defence and Counterclaim to the Solicitor and I would send this letter as your covering letter:

Dear <<SOLICITOR NAME or Sirs (your choice really)>>

Re: Claim <<CLAIM NO>>

I write regarding the above matter in the County Court Money Claims Centre Salford and in response to your letter dated 3^rd April 2018.

As stated in my letter of 22^nd March 2018 "this claim has not yet been allocated to a specific track and the provisions of CPR 27(2) are of no effect. Had your claim not been issued through CCMCC the Claimant would have been obliged to attach copies of the documentation upon which it relies to the Particulars of Claim."

Your unreasonable conduct in refusing to comply with your Part 31 obligations has been noted.

I’d like to take this opportunity to assist your client with being “puzzled” and suggest you refer her to the Statement of Case you produced (Para 3 of Particulars of Claim and Para 1 of the Particulars of Loss respectively).

Finally, it is not my intention to litigate by correspondence and enclosed by way of service upon you is my Defence and Counterclaim, I confirm that the same has been filed with the court.

Yours sincerely



<<YOUR NAME>>
Enc.

Personally I don't litigate by correspondence (argue the case back and forth in letters) and just ask for what I want, then when they refuse use it as ammo against them. After this I would only write to them to respond to any requests (where you are obliged by the Civil Procedure Rules to respond) they make from your Counterclaim or to serve court documents on them.

When serving documents I just use this each time:

Dear Sirs

Re: Claim <<CLAIM NO>>

I write regarding the above matter in the <<COURT NAME>>.

Enclosed is a copy of my <<DOCUMENT NAME>> by way of service upon you and I confirm that the same has been filed with the court.

Yours sincerely



<<YOUR NAME>>
Enc.

Everything else will take place in the court, as whilst you should agree to mediate to look reasonable I wouldn't mind betting the Claimant will refuse.

[Stopbox]

I thought I had until the 16th April to file my defence and counterclaim. The date of service was 19th March and I thought I had 28 days from there?

[jaguarsuk]

I thought I had until the 16th April to file my defence and counterclaim. The date of service was 19th March and I thought I had 28 days from there?

Apologies I thought the date of service was earlier and am just mixing things up, you are correct you have until the 16th.

[Stopbox]

Apologies I thought the date of service was earlier and am just mixing things up, you are correct you have until the 16th.

Anyway, you made me panic (which is a good thing as it gets my arse in gear), and I've sat for the last hour or so going through the Defence, I think i've got most of it. Please have a look, its a combination of both yourself jaguarsuk and rob, plus some of my own wording which needs some refinement. let me know if it uploads correctly, am about to go and sort the horses

Defence and Counterclaim Stabling Fees for legal beagles.docx

[jaguarsuk]

Here attached is a first revision, I have added setting out your claim for the cost of the metal for trailer repairs, cost of fuel and damages for the hay nets in paragraphs 29-36. Those paragraphs are going to need a little attention from others.

What I would say is that the onus is on you to prove on the balance of probabilities (whats most likely) what you assert in the counterclaim.

It might be a tough ask to prove she asked you to buy metal or buy fuel, but the photos of the damage to hay nets should be proof they were damaged.

Red is what I have changed and Highlighted text the reason.

[Stopbox]

With reference to the fuel, she never asked us to pay for it, we had to, due to her going abroad frequently for holidays and leaving me without any fuel in the tractor and as they were away for 5-6 weeks at a time or sometimes more, that would mean a huge amount of pooh building up outside the stables on the claimants lawn.

With reference to the metal for the Trailer, we have emails with the supplier referencing that the metal is for the trailer and at the Claimants address. plus I've also got a dodgy picture (from a bad angle - i was reversing the trailer and my dog jumped in it) of my dog standing in the trailer after the metal has been installed (which was done by their friend at the farm)

[jaguarsuk]

I’m on my phone, so let me make any amendments tomorrow and we’ll see if we can get to something you can prove to give you the best chance of success.

Bacuse of the letter tennis with the Solicitor before the claim they aren’t going to be expecting this Defence and Counterclaim. If she contacts you, report her immediately to the police as she has a legal representative to contact you and should not be engaging you directly.

I think the Solicitor will shit a brick if I’m honest with the contempt he’s showing you in that letter. Pardon my French.

I just looked at their website and this is not their usual area of expertise, which frankly is really good for you. Not that they should be under estimated, but it explains the little mistakes such as claiming a loan agreement. It levels the playing field a little

I know from personal experience going up against a Solicitor who is on unfamiliar ground leads to mistakes you can exploit.

Their Reply to Defence and Counterclaim is going to be very interesting.

[jaguarsuk]

Okay, have a look at this version.

[Stopbox]

I am on my way back from a day trip to wales at the moment, as soon as I get home I’ll have a look. My phone won’t open the attachment.

[jaguarsuk]

I am on my way back from a day trip to wales at the moment, as soon as I get home I’ll have a look. My phone won’t open the attachment.

Yeah, can almost do as much as in a computer on phones now, but not quite.