Particulars of Claim not defended

[Devongal]

Hi
i have issued a small claims where I provided physical evidence (letters from bank, bank statements, legal letters) to a defendant.

their response didn’t acknowledge the particulars of the claim - rather it was accusations/conspiracy and a sweeping g denial of the facts without any evidence . I’m happy to respond to the defence before a possible hearing but it takes the case away from the POC and starts going into libel area etc.

I called the small claims and they said I had three options

N244 asking for judgement without trial due to lack of defence and evidence
Do nothing
write to the defendant stating they have not defended the POC and they must do so

what would you suggest? The defendant won’t be able to defend my claim as the bank also says they have done wrong.

thank you

[Amethyst]

First write to the Defendant telling them that their defence doesn't comply with CPR Part 16 and that they should apply to amend the defence so it is compliant within 7 days else you shall be applying to the court to strike their defence out and request summary judgment.

Your other ( less costly ) option is to file and serve a reply to the defence ( but of course that raises issues - any accusations they have made re libel should be dealt with via a counterclaim and so on ) and in your reply (if it is small claims) ask Judge to consider striking out defence as non compliant/doesn't answer claim etc whilst rebutting their points and reinforcing your claim grounds.

However first check your Particulars of Claim DOES comply with Part 16.

Can you tell us a bit more about the case, possibly post your particulars of claim ( redacted of personal info ).

Also be wary of taking legal advice from a bank - they like to pass the buck.

[Devongal]

Thank you, Amethyst
the defendant withdrew funds from my sons’ accounts without my co-signature and therefore without my knowledge. We are both bare trustees of the accounts and the bank clearly states the money is legally the children’s and therefore the bare trustees most manage accounts g for their benefit. So she breached her fiduciary duty.

the defendant gifted the money to my sons (their grandmother) following a horrendous falling out the defendant is maliciously now claiming the money wasn’t a gift but it belongs to her.

the POC are to refund the money she withdrew. Once that is concluded I will go to the court to have her removed from the accounts

Bank acknowledged it was their fault but say refunding the money is a civil matter against her and froze the accounts.

i have mountains of evidence against her. She has none.

i briefly spoke to a solicitor who said she had no defence, which is apparent. I did ask him if he thought. N244 would be worth while (I’m trying to avoid court as I e had the police involved with her) but he said no. Unfortunately he’s impossible to get hold of for more information (family friend)

she is trying to say we (my husband and I) persuaded her to put her money into the kids names to get a better rate of interest - which we never did and the better rate only gives the accounts a few hundred pounds a year. Also her and I live 250 miles away so it wouldn’t have been practical for her - it’s all made up nonsense with plenty of holes in it