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Money Claim going to trial as i disputed all of it , customer full of lies

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  • #16
    The judge may decide that the claimant is claiming against the correct entity and there is no need for the claimant to apply to change the name of the defendant. This will depend on whether the judge believes the claimant was aware she was entering into a contract with a limited liability company or not.

    You should phone Staines County Court urgently to find out the current position.

    The letter you received in March from the court mentions particularisation of the defence. If the judge decides as above I believe your defence is almost certain to fail. You need to expand your defence. Call yourself (or your llc) the Defendant throughout the defence document and reply to important points in the claim. Start with details of the Defendant's emailed quotation (date, price, work involved) followed by the claimant's acceptance of the quotation (this is the point in time when the contract was agreed)

    There is something I am not clear about. You say the quotation was approximately £5400 but the claimant worked out the outstanding amount to the nearest penny. The court will want to see a copy of your emailed quotation.

    You said you didn't finish the job because you believed the customer wouldn't pay the outstanding amount and the claimant states a friend of yours telephoned her to ask for more money to finish the job. If this is right it won't help your defence.

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    • #17
      Thanks again for your reply , there is a bit more than you have seen if you get what I mean , yes I have made mistakes but the job no , she just took all her personal problems out on me and turned very horrible and made it near on impossible to finish the job .

      if possible and you don’t mind is it ok to send you the emails personally.
      im not sure if I can or there is a way and if you agree it may make more sense to you .
      or me .

      thanks

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      • #18
        There is no point in sending me emails. It is the judge's sympathy you need.
        Save what was said and emails for your witness statement.
        Concentrate now on expanding your defence.
        If you don't do this, the judge may decide the defence has no merit and may make a judgement without a hearing.

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        • #19
          Thanks when do I show or use the witness statement is it on the day or via paper before hand
          thanks

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          • #20
            Definitely beforehand so you can prepare questions on the other party's statement.
            The court will notify you the latest date to file with the court and exchange witness statements and evidence.

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