County Court Claim brought Re Horse HELP!

[Neighmad]

Hello,

ive just been referred to this site by a friend and I need some help because I've had a claim brought against me for breach of contract for the loan of a horse and associated equipment.

the thing is the claim form was so poorly written I don't actually know what the Claimant is asking for.

essentialy, I took on the loan of the horse in Sept 2011, with some equipment, I ended the contract in Feb 2014. In respect of the contract it states that "equipment should be returned in the same condition as far as possible subject to reasonable wear and tear".

Bearing in in mind I had this since Sept 2011 there was wear and tear and I offered £145.

the owner has now brought a claim against me for breach of contract although hasn't identified exactly what they're claiming.

before hand over, I had things like rugs cleaned and repaired etc and have all the receipts for that.

i wrote a defence which basically said I didn't know what they claim was about.

it has now been transferred to my local court. My friend said I could ask the court to order the other side to amend their claim to be clearer, should I do this? I have written to the other side asking but they've said they will only do it when the court orders them to.

sorry if this is a bit of a mumble, hoping someone can help.

thanks

[Amethyst]

Re: County Court Claim brought Re Horse HELP!

Hiya, and welcome.

Would you be able to type out the particulars of claim from the court papers please. (leave out any names and amounts)

A copy of the contract would also be useful.

Then we'll see if its a case of striking it out or defending, and have a look a bit more into the case.

Sharon
xxx

[Neighmad]

Re: County Court Claim brought Re Horse HELP!

Hiya, and welcome.

Would you be able to type out the particulars of claim from the court papers please. (leave out any names and amounts)

A copy of the contract would also be useful.

Then we'll see if its a case of striking it out or defending, and have a look a bit more into the case.

Sharon
xxx

Hi Sharon,

Thanks for coming back to me so quickly.

I've attached their claim form here with POC's and will post up my Defence that I sent in as well.

[Neighmad]

Re: County Court Claim brought Re Horse HELP!

Here is the Defence I wrote.

You see the £143 she refers to, I paid and sent a cheque and she rejected! All the rest is unclear.

Does that make sense?

[Amethyst]

Re: County Court Claim brought Re Horse HELP!

Okay seems quite straightforward and your defence covers it nicely, good work there xx Only thing you don't seem to have covered is what the 'unreasonable behaviour' following notice of termination w as?

I would just hang fire for the court to come back to you with directions now.

Did you take any photographs of items before returning them (I know it's unlikely as you don't expect people to be putting in court claims but worth asking) as it sounds like it may be a bit of he said/she said.

[Celestine]

Re: County Court Claim brought Re Horse HELP!

Did the original contract have attached to it a detailed list of the items loaned?

i.e 1 x Albion GP Saddle + stirrup leathers/stirrups/numnah etc (Value/condition)
2 x Bridle with Pelham bit etc etc

Their description of 'various items' is useless to them otherwise

[Neighmad]

Re: County Court Claim brought Re Horse HELP!

Okay seems quite straightforward and your defence covers it nicely, good work there xx Only thing you don't seem to have covered is what the 'unreasonable behaviour' following notice of termination w as?

I would just hang fire for the court to come back to you with directions now.

Did you take any photographs of items before returning them (I know it's unlikely as you don't expect people to be putting in court claims but worth asking) as it sounds like it may be a bit of he said/she said.

Yes I have photos. You see, because they were being so awkward I did take some, they're on a phone with a broken screen at the moment so I'll get that repaired at the weekend and take the photos off.

They were just being quite nasty about me on Facebook because I terminated the contract, saying untrue things, I wrote to them about that and then things escalated to this.

[Neighmad]

Re: County Court Claim brought Re Horse HELP!

Did the original contract have attached to it a detailed list of the items loaned?

i.e 1 x Albion GP Saddle + stirrup leathers/stirrups/numnah etc (Value/condition)
2 x Bridle with Pelham bit etc etc

Their description of 'various items' is useless to them otherwise

Yes there was a schedule.

They did write to me about all of this back along, I wrote back with an outline of all of the items and my position in terms of settlement with the monies of £143. They never came back to refuse that sum although I guess they still have the cheque and also they've never ever claimed an amount as such until now.

[Amethyst]

Re: County Court Claim brought Re Horse HELP!

Yes I have photos. You see, because they were being so awkward I did take some, they're on a phone with a broken screen at the moment so I'll get that repaired at the weekend and take the photos off.

They were just being quite nasty about me on Facebook because I terminated the contract, saying untrue things, I wrote to them about that and then things escalated to this.

Super, get that phone fixed and the photos printed off

Facebook is a bugger for these disputes, I would keep records (screenshots) of anything said , and tough as it is , not respond to anything said.

[Neighmad]

Re: County Court Claim brought Re Horse HELP!

Here is a letter I sent to the Claimant before court action started which deals with things, I'll also post up what was being claimed for and my comments that were sent with the cheque...

[Neighmad]

Re: County Court Claim brought Re Horse HELP!

Here is the schedule of challenged items and my comments.