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Hello Beagles!!
I've been assisting a friend to reclaim about £3k in the Small Claims court but am looking for some advice around the Defence that has been lodged and whether we should make an application for better Particulars or Strike out?
The claim is to recover costs to the claimant from the wear and tear of a van used by the Respondent.
The Claim is as follows;
The Defendant responded with;
Aside from facts in the Defence that can be proven to be incorrect like SMS Messages between Claimant and Respondent admitting money is owed and it was by consent that the van was returned he hasn't addressed the claim at all.
Would an Application for a better Defence be appropriate??
I've been assisting a friend to reclaim about £3k in the Small Claims court but am looking for some advice around the Defence that has been lodged and whether we should make an application for better Particulars or Strike out?
The claim is to recover costs to the claimant from the wear and tear of a van used by the Respondent.
The Claim is as follows;
3.1. The Claimant loaned the Respondent a sum of money for a Van namely a Renault Traffic Van registration number XXXXXXX, this included a fair wear and tear assessment upon handing back the vehicle upon termination.
3.2. The Respondent owes the Claimant a sum for wear and tear costs of a vehicle, namely a van for which the sum of money was lent to the Respondent by the Claimant. The Respondent was aware that an assessment would be made of the van upon termination which he would be liable for, he accepted this both verbally and in SMS Messages with the Claimant.
3.3. The agreement for the Respondent to repay the balance to the Claimant became due on 3 September 2020 when the report of the vehicle was shared with the Respondent, the Respondent accepted responsibility of this debt and advised the Claimant he would take responsibility to repay.
3.4. To date the Respondent has failed to make any attempt to repay the money owed.
3.5. The Claimant has sent the Respondent numerous SMS Messages about this matter, the Respondent responded accepting that he owed the sum in question. The Claimant met with the Respondent in person to resolve the issue, he promised to make an arrangement to pay but failed to do so.
3.6. The Claimant issued a Letter Before Claim on 3 January 2022 giving the Respondent until 25 January 2022 to resolve the matter, this was served by post and e-mail, the Respondent did not respond.
3.7. To date of issue of this claim the Respondent failed to make an attempt to resolve the matter or communicate at all with the Claimant about the matter.
3.2. The Respondent owes the Claimant a sum for wear and tear costs of a vehicle, namely a van for which the sum of money was lent to the Respondent by the Claimant. The Respondent was aware that an assessment would be made of the van upon termination which he would be liable for, he accepted this both verbally and in SMS Messages with the Claimant.
3.3. The agreement for the Respondent to repay the balance to the Claimant became due on 3 September 2020 when the report of the vehicle was shared with the Respondent, the Respondent accepted responsibility of this debt and advised the Claimant he would take responsibility to repay.
3.4. To date the Respondent has failed to make any attempt to repay the money owed.
3.5. The Claimant has sent the Respondent numerous SMS Messages about this matter, the Respondent responded accepting that he owed the sum in question. The Claimant met with the Respondent in person to resolve the issue, he promised to make an arrangement to pay but failed to do so.
3.6. The Claimant issued a Letter Before Claim on 3 January 2022 giving the Respondent until 25 January 2022 to resolve the matter, this was served by post and e-mail, the Respondent did not respond.
3.7. To date of issue of this claim the Respondent failed to make an attempt to resolve the matter or communicate at all with the Claimant about the matter.
The Defendant responded with;
2.1. Our verbal agreement was that I was able to keep the van and cover future payments to Mrs X for the van. This was not acceptable and Mrs X returned the van to the company, leaving me stranded with no work vehicle. As I am self employed this was very inconvenient and I had to purchase another van straight away. I was informed that the van had to be returned to the company and the contract, which was between Mrs X and the company would be finished. Unfortunately, the money (via the loan contract) owed is between the van company and Mrs X.
Would an Application for a better Defence be appropriate??
