Dangerous Hire Van

[echat11]

is it worth imserting that the defendant requested to view the damaged, replaced roller shutter door but was informed that it had already been disposed of.

You can do.

Where you've put the following: Paragraph 1 of the Particulars of claim is admitted. Paragraph 2 of the Particulars of claim is admitted. Paragraph 3 of the Particulars of claim is admitted.

I'd start with 1 - 3, 1. 'It's admitted ........... etc.

There will be case law on 'unjust enrichment' that backs up your Defence.

Did you send the CPR 31.14?

How did the Claimant respond?

Remove the ref. number in post.

[des8]

Just one further comment ... where in the defence it is stated "it is believed.." and "or it is further believed" etc as in paras 4, 5,11, 12 &16 It might be better to state "it is asserted".etc.

The court is interested in matters of fact, not faith!

[tesla6518]

DES8, I sent the defence as it was sent to me, Siobhan has never had to file a defence in her life, and I am sure she will appreciate yours and ECHAT11 advice

I am sure any other advice you can give will be appreciated.

With regards to CPR31.14 the claimant sent the same invoice as sent in Jan 2025.

[echat11]

DES8, I sent the defence as it was sent to me, Siobhan has never had to file a defence in her life, and I am sure she will appreciate yours and ECHAT11 advice

I am sure any other advice you can give will be appreciated.

With regards to CPR31.14 the claimant sent the same invoice as sent in Jan 2025.

Give the Defence some structure.

In the Defence you can state

11. On XX/XX/XXXX the Defendant sent a CPR31.14 request to XXXXXXXX requesting XXXXXXX, XXXXXXX and XXXX.

12. On XX/XX/XXXX, XXXXXXXX sent an invoice, but failed to send any of the requested documentation.

[tesla6518]

Echatt11 thank you for that, However I am now completely at a loss, Siobhan has asked me to draft a counterclaim for the unjust enrichment, she has evidence that a decal that has been charged for was not on the vehicle when it was collected and she also believe that the roller shutter door was not required and therefore all the associated bits and bobs are enrichment. could anyone offers some assistance.
God forbid the internet puts these ideas in peoples minds and she is LiP.

[echat11]

What in way of communications has the Claimant sent i.e letters, phone calls to chase this debt?

You can Counterclaim if they've chased you for monies you don't owe, in doing that they've 'harassed' you to make payment.

You need evidence that has happened.

[tesla6518]

Well back again, I am sorry I have been very ill and unable to carry on this thread, however I am recovering well and hope to continue this matter.


A brief summary, a claim has been issued, however they are now claiming negligence, They will not provide the photographs of the repairs stating legal privilege.

a couple of things to note, Ihave been doing some research and it seems that if the terms of the Collision Damage Waiver were not supplied in a durable format before the contract is finalised then it seems it likely that consumer law has been breached.
Consumer Rights Act 2015 & Consumer Contracts Regulations 2013
Pre Contractual information regarding main characteristics, cost, and terms must be provided to the consumer. So how does that affect the main contract, or does it?

Lots more to add, but a bit weary at the moment, will continue tomorrow.

Once again many thanks for all your help

[tesla6518]

ECHAT11

I have been unable to update on this matter as Siobhan had a baby and has moved flats twice in the 3 months and has not been supplying me with information, however she has sent some emails ect for me to look at. The first thing I noticed was to do with the CDW.

It was explained to her verbally that if she took out the CDW she would be covered for any accidents, as per the hire contract she requested a copy of the terms but was informed that they did not have them and " Nobody asked for them".

I have asked her to contact U-Drive for them but has been told she does not need them, that they would be emailed, she even went to the branch to request them to no avail.

Could she put in a Part 20 application to the court stating that;
The claimant had breached pre contract regulations as in Consumer Rights Act 2015, that full details were not disclosed Section 50 information about the trader or service to be binding

also The Consumer Contracts (information Cancellation and additional charges) Regulations 2013 part 2 (Unfair Contracts -Transparency).

If she counterclaimed on the above would it hurt her defence in that , the judge agreed and cancelled the CDW, leaving her open to the full claim cost if she lost

[echat11]

ECHAT11

I have been unable to update on this matter as Siobhan had a baby and has moved flats twice in the 3 months and has not been supplying me with information, however she has sent some emails ect for me to look at. The first thing I noticed was to do with the CDW.

It was explained to her verbally that if she took out the CDW she would be covered for any accidents, as per the hire contract she requested a copy of the terms but was informed that they did not have them and " Nobody asked for them".

I have asked her to contact U-Drive for them but has been told she does not need them, that they would be emailed, she even went to the branch to request them to no avail.

Could she put in a Part 20 application to the court stating that;
The claimant had breached pre contract regulations as in Consumer Rights Act 2015, that full details were not disclosed Section 50 information about the trader or service to be binding

also The Consumer Contracts (information Cancellation and additional charges) Regulations 2013 part 2 (Unfair Contracts -Transparency).

If she counterclaimed on the above would it hurt her defence in that , the judge agreed and cancelled the CDW, leaving her open to the full claim cost if she lost

Counterclaims need to be lodged with the Defence. What your saying with the Counterclaim is that the contract exists, where as your actually arguing that it doesn't exist because of the breaches you outlined in post 38.

[tesla6518]

All of the above is now defunct, Siobhan received an email from the claimant saying "as per the court order of 21st here is our email for service" as she had not received the order I told here o contact the court, they sent a copy of the order over on 29th. please see attached.

They time scale to vary the order had expired by the time I was shown it.
My questions are as follows
1. the order has limited the witneesses to (2) Two, the defendant and the driver : how are we expected to deliver upon the mounds of evidene that we have.
2. heading Witness statement documentsc) does this mean that the documents to be supplied by 19th June have to be in a bundle or are they saying that the bundle has to be produced for the July hearing.
3. is it too late to enter a counterclaim.
4. I have always encounted Discovery to allow each side to request relevant documents, is it usual not to have this?

Many thanks in advance

[echat11]

All of the above is now defunct, Siobhan received an email from the claimant saying "as per the court order of 21st here is our email for service" as she had not received the order I told here o contact the court, they sent a copy of the order over on 29th. please see attached.

They time scale to vary the order had expired by the time I was shown it.
My questions are as follows
1. the order has limited the witneesses to (2) Two, the defendant and the driver : how are we expected to deliver upon the mounds of evidene that we have.
2. heading Witness statement documentsc) does this mean that the documents to be supplied by 19th June have to be in a bundle or are they saying that the bundle has to be produced for the July hearing.
3. is it too late to enter a counterclaim.
4. I have always encounted Discovery to allow each side to request relevant documents, is it usual not to have this?

Many thanks in advance

1. the order has limited the witneesses to (2) Two, the defendant and the driver : how are we expected to deliver upon the mounds of evidene that we have.

The 'mounds of evidence' can go into your Witness Statement.

2. heading Witness statement documents c) does this mean that the documents to be supplied by 19th June have to be in a bundle or are they saying that the bundle has to be produced for the July hearing.

The Witness Statements / evidence bundle has to be exchanged by the 19th June, so you email a copy to the Court and a copy to the other party.

https://hallellis.co.uk/preparing-witness-statements/

3. is it too late to enter a counterclaim.

Your Defence has already been submitted, you must apply to the court to submit a counterclaim (under Part 20 CPR).
The court will only grant this if your counterclaim can be handled fairly without delaying or disrupting the ongoing case.
So you can apply, but the court may say 'no'.

4. I have always encounted Discovery to allow each side to request relevant documents, is it usual not to have this?

The question is, have you had time to do this?

[tesla6518]

Echat11 a big thank you for the update,

Think I have grasped most of it, regarding question 4 , I wanted to obtain the maintenance records for the vehicle which had previously been refused on Litigation /Legal privilege
However if they only produce the documents as outlined in the claim, I think she would be able to use the fact that they will not provide them, would be in her favour.

[echat11]

Echat11 a big thank you for the update,

Think I have grasped most of it, regarding question 4 , I wanted to obtain the maintenance records for the vehicle which had previously been refused on Litigation /Legal privilege
However if they only produce the documents as outlined in the claim, I think she would be able to use the fact that they will not provide them, would be in her favour.

Yes, provide evidence to show that they had been requested, but they didn't provide the requested information.
This really is an opportunity to to make your case. Remember the Witness Statement and evidence bundle need
to be 'cross referenced' i.e. Exhibit 1, Exhibit 2 etc headings, numbered pages etc.