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hello beagles, i am defending a claim via moneyclaim on line & have sent back the aknowlegement but don't know what to do about the defence section . my questions are mainly regarding how much to say. the claimant says that i misrepresented the item (a boat) in the ad & that as a consequence he was put to some expense (about 2k) & now needs a new engine (4k) . i refute this & intend to show that he came to survey the boat &that his bad seamanship & lack of mechanical care after he started to use it, caused all his problems, also, as the boat and engine are 40yrs old and he paid me 7k , his claim is excessive (similar engines are available for £6oo ) . my defence takes up about 3 pages of A4 + several letters and comparative ads to back up my claims . should i submit my whole defence and all backup on & with the defence form ? or a precis of the relevent points ? what bearing or limitation will my reply have on what i can say in court ? i presume my whole submission will be copied to the claimant will that give him an advantage? PHEW! thanks for bearing with me . any advice welcome. peppi
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Re: moneyclaim defence
Hi Peppi,
Assume this claim refers back to your postings earlier this year.
Would suggest you start your defence with a wording similar to "Save as specifically admitted in this defence the defendant denies each & every allegation set out in the Particulars of claim" (lifted from Amethysts thread "received a court claim") because if you don't deny something it may be taken as an admission.
As this was a private sale (according to your earlier post) it could be advantageous if in your defence you point out that Section 13 (Sale by Description) of the Sale of Goods Act 1979 (as amended) cannot be relied on by the claimant as they saw the goods before the sale was completed
(Harlington & Leinster v Christopher Hull Fine Art[1991] 1 Q.B.564)
For the rest, number each paragraph, write in 12 point and space each line at 1.5.
You don't need to send documents etc that you intend to rely on YET
When you receive Notice of Allocation you will also get "Directions" which will most probably instruct both sides to serve all documents you both intend to rely on at the hearing.
I suspect others with more experience of court procedures will be along with further advice soon.
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Re: moneyclaim defence
thank you scottie dog , most helpfull .Comment
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