Tattoo Deposit County Court Claim

[theymademedoit]

Re: Tattoo Deposit County Court Claim

Also what would i do with regards to the picture of the deposit policy if filing the defence online as i doesn't give options to attach images?

[Amethyst]

Re: Tattoo Deposit County Court Claim

Okay - the Defence at this stage is only written - the evidence parts ( photo of deposit sign etc) would be submitted along with witness statements, or upon request for disclosure by the claimant - so just hang on to it for the moment.

Just going through the defence now.

[Amethyst]

Re: Tattoo Deposit County Court Claim

On her claim she has put interest from the 18th August ( indicating she paid the deposit on the 18th) - however you stated that she and her sister visited in the morning to make the appointment for later the same day ( 20th August ) - can you check that's correct pls.

PS. you have no need to rush with a defence - the claim is acknowledged and you have 33 days from issue to defend - I agree you might as well put it in asap but would rather make sure its 100% first.

[CLL1]

Re: Tattoo Deposit County Court Claim

Okay - the Defence at this stage is only written - the evidence parts ( photo of deposit sign etc) would be submitted along with witness statements, or upon request for disclosure by the claimant - so just hang on to it for the moment.

Just going through the defence now.

Where a claim is transferred out of MCOL, it'll be listed before a procedural judge at a hearing centre for directions. I've had it before where a judge will, of his/her own choosing, strike out the claim at that point. Exhibiting the photo to the Defence will kill the claim dead in its tracks.

No harm in leaving it out though. Admittedly, I don't use the MCOL service so I can't say how one might actually exhibit it, save for filing your defence by post which is perfectly acceptable - there is no requirement for you to engage with the online system at all - not everyone owns a computer

[Amethyst]

Re: Tattoo Deposit County Court Claim

Indeed, you could file the photo ( and any other exhibits - appt card? appt book ?) with the Defence if you are happy to file on paper. I'd use a word doc to format your defence and exhibits though rather than just filing in the response pack docs - far more intimidating xx

Just need a check on the date of the booking being made.

[theymademedoit]

Re: Tattoo Deposit County Court Claim

Thanks again for this everyone.
After a lot more digging this is the full amount of information I'm likely to find out... The appointment was made pre-August and the deposit paid on 18th August in person at the shop so she definitely would have seen the deposit terms displayed and also verbally made aware of them. She cancelled the appointment on the day of the booking

[Amethyst]

Re: Tattoo Deposit County Court Claim

Thanks for finding that out - makes your argument much easier than if she'd booked on the same day xxx ( if she pushes on with this you might end up arguing whether you rebooked the appointments with another customer and whether the cancellation actually created a loss to the business etc - much easier if the booking was confirmed a couple days before as you may well have turned other clients away - more unlikely if it was a same day thing)

[Amethyst]

Re: Tattoo Deposit County Court Claim

[MENTION=80091]CLL1[/MENTION] Do you want to give this a once over pls ?

(I'm never sure on attaching exhibits to defences - do we really need a Exhibit cover sheet ?)

[CLL1]

Re: Tattoo Deposit County Court Claim

@CLL1 Do you want to give this a once over pls ?

(I'm never sure on attaching exhibits to defences - do we really need a Exhibit cover sheet ?)

That looks good to go.

I use back sheets for the defence and exhibits, but that's just preference and isn't a necessity I suppose.

[theymademedoit]

Re: Tattoo Deposit County Court Claim

Thanks again for both or your help, very very much appreciated. I have now filed the defence so lets see what the conclusion is.

[CLL1]

Re: Tattoo Deposit County Court Claim

Thanks again for both or your help, very very much appreciated. I have now filed the defence so lets see what the conclusion is.

It'll be transferred out of MCOL to the local court of the Defendant and provisionally "allocated to track". You'll need to complete a Directions Questionnire which is really straight forward. My suggestion would be to tick 'no' to mediation, given your defence. Then it'll be allocated to the small claims track and you'll be given a date for the hearing, and you will have up to 14 days before the date of the hearing to file your witness statement.

It'll be quiet for a couple of weeks, but pop back when you get more info - this is an interesting one, so I'll be following it!