MCOL Small Claim and DQ

[Amethyst]

Re: MCOL Small Claim and DQ

Hiya, I'll get the format for you. Two mins ... and yes send it at same time as DQ, and send a copy at same time to defendant ( of DQ and REPLY )

[Amethyst]

Re: MCOL Small Claim and DQ

Format see http://www.missing-dog.co.uk/assets/...ce_1_of_13.jpg

At the end you put a statement of truth thus - http://www.missing-dog.co.uk/assets/...e_11_of_13.jpg

( sorry about the example being regarding doggy castration lol )

[Amethyst]

Re: MCOL Small Claim and DQ

Do you want to post up the claim and the defence, then you can post a draft of your reply to the defence and check all is well, and your argument is strong as it can be, before you submit ?

( of course exclude any personal details )

[IronRoad]

Re: MCOL Small Claim and DQ

Thanks for the response. I've uploaded a file with the claim and lengthy defense. Just looking at the response doc and constructing it.

[IronRoad]

Re: MCOL Small Claim and DQ

I've uploaded a further file as a response and would appreciate your opinions on it. It is quite lengthy but have tried to make it flow and readable and cover all the points in the defence. Any comments/ feedback would be greatly received. Thanks

[MIKE770]

Re: MCOL Small Claim and DQ

break up the paragraphs, judges will not appreciate all cramped up statements spread the lining out

[IronRoad]

Re: MCOL Small Claim and DQ

I agree it really didn't tranlate well into a txt file. I've saved an updated version in word97 as that retains the formatting and looks better,

[Amethyst]

Re: MCOL Small Claim and DQ

Just having a look through...

The Defence says

1. The faults displayed by the returned transfers were caused by XXXXXXX not complying with my terms and conditions and/or my application instructions.
2. Even if the crest transfers were faulty, their part of XXXXXXXXX order was £27.18, so XXXXX is claiming three times as much as he would have been entitled to had the crest transfers been faulty when supplied.

So your reply should go along these lines for those first two points.... 2 needs some work on. Haven't been through all of it yet xxx

1: Paragraph 1 of the Defence is denied.
a) The application instructions provided by the Defendant were followed by the Claimant. This is evidenced by the successful application of;
i) a previous order for transfers from the Defendant that I applied to another model following the instructions. This model was subsequently displayed on the Defendant's Facebook page and serves as evidence the process was followed correctly.
ii) a replacement set of transfers received from the Defendant in response to a previous complaint were applied following the same process.
iii) The Defendant suggested an alternative method of applying the transfer which I tried, but also did not work.

2: Paragraph 2 of the Defence is denied.
a)The claim is for reimbursement for the cost of 12 crest transfers that were faulty.
i)The original order was for ( EXHIBIT A the order??) and the Defendant provided a quotation ( EXHIBIT B the quote ). This shows the cost for the 12 crests was £80 and it is this amount that is being claimed.
ii) The additional £12?? claimed is for costs incurred for xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

[jaguarsuk]

Re: MCOL Small Claim and DQ

I personally would add to the end:

31. I respectfully request that the defence be struck out and a judgement made in favour of me as the Claimant.

32. I also respectfully request that costs of and occasioned in the dealing of this matter be awarded to me as the Claimant.

[IronRoad]

Re: MCOL Small Claim and DQ

Thanks again. I am a bit concerned that my reply is a bit wordy although I think the sequence of events is important. I like the focus provided by your 1 and 2 as sometimes a lengthy doc is skimmed through . The order email I have and is clear but the quotation is less clear and the defendant 'summarised' the order with a single figure (although making reference' to the batch of 6 crests). Note that he refers to the value of a pair of crests in his defence being £27.28 per pair so 6 pairs are almost £180 and I've added this to number 2. The DQ has to be returned by the end of this week ie the 25th so I'm conscious of timings. Would a DQ normally be sent recorded delivery?
I have uploaded a newer version of the doc with your escellent suggestions. Any other thoughts on the length of it? Many thanks

[Amethyst]

Re: MCOL Small Claim and DQ

I agree it is too wordy, it wants to stick to the direct legal issue - anything further - whys wherefores, did this, did that stuff should go in the witness statement. Have a go hacking it back a bit and I'll be Happy to go through it tmw morning for you xx


E.g. Para 27 to 30 tells your story rather than informs the court of the issues to be decided on, so is better confined to later witness statement...

[IronRoad]

Re: MCOL Small Claim and DQ

Any final thoughts before I print and send it.

[Amethyst]

Re: MCOL Small Claim and DQ

Is it still as per your attachment in Post # 25?

[jaguarsuk]

Re: MCOL Small Claim and DQ

I have shortened it to what I would send, perhaps @Amethyst could look at it and make further suggestions to shorten it

Edited to add: All the stuff removed is content for your witness statement as advised above.

[IronRoad]

Re: MCOL Small Claim and DQ

Thanks for this. I agree that four pages of txt probably wouldn't be read in detail. The why's and wherefore tell the whole story which as you say is probably better for later so your revised edition keeping it to one page with short sentences wil have more effect.
DO people normally send these to both the court and defendant by recorded delivery just to make sure it arrives?