Tweet
If a defendant puts misleading or untrue info on a defence form returned to Money Claim Online small claims court.
Can it be struck out?
Their defence submission:
The defendant purchased a secondhand February 2015 ***** ' ********' caravan (chassis number *******) on 13th September 2016.The caravan was manufactured new with a standard painted steel chassis which carries a two year warranty from the date of manufacturing.He raised his claim on the 1st September 2017 (outside 2 years)and both **** the manufacturer, and **** Leisure the supplying dealer, examined the claim by Mr ******* and considered it to be fair 'wear and tear'. However, they offered on the 10th October 2017,to undertake one application of new paint as gesture of good will because the caravan was outside normal standard warranty parameters (2+ years old). However, Mr ***** has refused to accept this. Just to be clear, the chassis warranty expired in February 2017.
1. The date of purchase is wrong. We Purchased one month later than that date.
2. The guarantee of 2 years on a chassis was with held from us at the point of sale and a lesser guarantee was given.
3. I accepted their offer subject to the job being done properly and a warranty on that work supplied equivalent to what other chassis repair companies are offering, I simply refused the offer of a one coat over rust solution as not acceptable.
4. Plus the obvious bit, I am the claimant and not the defendant as they wrongly say.
Should I wait for this to go to court or do I have to speak up first and disclose the mistakes and deliberately misleading remarks?
Any advice would be most welcome as this is my first ever claim via a court.
Regards Scorpioman
Can it be struck out?
Their defence submission:
The defendant purchased a secondhand February 2015 ***** ' ********' caravan (chassis number *******) on 13th September 2016.The caravan was manufactured new with a standard painted steel chassis which carries a two year warranty from the date of manufacturing.He raised his claim on the 1st September 2017 (outside 2 years)and both **** the manufacturer, and **** Leisure the supplying dealer, examined the claim by Mr ******* and considered it to be fair 'wear and tear'. However, they offered on the 10th October 2017,to undertake one application of new paint as gesture of good will because the caravan was outside normal standard warranty parameters (2+ years old). However, Mr ***** has refused to accept this. Just to be clear, the chassis warranty expired in February 2017.
1. The date of purchase is wrong. We Purchased one month later than that date.
2. The guarantee of 2 years on a chassis was with held from us at the point of sale and a lesser guarantee was given.
3. I accepted their offer subject to the job being done properly and a warranty on that work supplied equivalent to what other chassis repair companies are offering, I simply refused the offer of a one coat over rust solution as not acceptable.
4. Plus the obvious bit, I am the claimant and not the defendant as they wrongly say.
Should I wait for this to go to court or do I have to speak up first and disclose the mistakes and deliberately misleading remarks?
Any advice would be most welcome as this is my first ever claim via a court.
Regards Scorpioman
Comment