Small Claims: Claimant's Response to Defence & Counterclaim
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- Опубликовано: 10 май 2016
- Are you a litigant in person, running your own case?
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This is the first in a series of blogs on the Small Claims Court in England & Wales, in which Redwood Legal provide free insights and practical tips and information on how to bring your own small claim, without the need for a lawyer. If you need our advice or assistance or input at any time - then we can provide it for a reduced fee. That is how our business model works for this project. We are also hoping of course to generate a client base for other other legal needs.
Today we deal with how to respond to a Defence & Counterclaim. You are the Claimant and you are faced with an opponent who seems determined to cause you problems. They are not just avoiding paying. As for all our vlogs, we usual actual cases that we are currently running to make sure it is the "real deal". We have found this is better than theoretical knowledge.
So in this case you have a Claimant who is chasing unpaid invoices for curtains she has made for an interior designer who has an end client that she has tried to please too hard and is now making our client pay for her, "oversell". (See the video for the brief facts.) The claim value is no more than £750 but the trouble now is that the interior designer has replied to the claim with a defence AND a counterclaim, saying that the invoices were not paid because not only was the one done improperly, but she had to spend more money on repairing the damage. Our client was about to send a long document (in effect a witness statement) in reply to the Defendants long letter reply to the claim, attached to her defence.
The issue here is clarity. Sending this long document would have been a mistake. This is where you have to, unfortunately, apply some legal knowledge. Now, it's a strange anomaly that there is this small claims system that excludes lawyers but you are nevertheless expected to know the law! Ignorance of the law is no defence! What on earth do you do? You do not know the law of contract or negligence. Well, you make sure you have separated the issues and been crystal clear about what your response is and you have NOT written a long, emotional response providing evidence. Evidence is for later - the court will direct you nearer the trial on exchange of evidence. For now you just want to focus on clearly defining your case and rejecting your opponent's.
So what should you do? Well, in this case, separate out the issues. 1. The Defence - the curtains WERE correct as they were what was ordered. The specification was met. The Defendant asked for a thin hem (not interlined) and this was precisely what was delivered. So the Claimant denies the defence. 2. The counterclaim is stoutly denied as any damage only came about as the result of the wrong specification that the Defendant had contracted for. However, even if there was any fault with the Claimant, the Defendant failed to give an opportunity to the Claimant to remedy the error. This is called duty to mitigate. Further, great expense was incurred by the Defendant, necessarily so. That is then all you need.
The court will then receive your CLEAR response. Judges like clarity. If you bombard the court with all manner of random evidence in your outrage at your Defendant's conduct, you play into their hands. And give them ammunition. The correct place for this is your witness statement and exchange down the track. So, for example, the fact that in this case the Defendant was still using the Claimant's work in their showroom gives the lie to their case- is a matter for nearer trial once the court has sent you directions for trial and exchange of witness statement and disclosure of documentary evidence.
Do not be indignant - just be clear. Crystal Clear. And finally, your response to their defence is the REPLY - and your response to their counterclaim is your DEFENCE to the counterclaim, for a claim that they are now bringing against you. Be sure to think clearly and separate these two elements out when your draft your response and sent it into the court. And title it "REPLY AND DEFENCE TO COUNTERCLAIM" if you like.
11 May 2016
![Darren Waller - Who Knew (Her Perspective) [Official Video]](http://i.ytimg.com/vi/GytDjB8u6bM/mqdefault.jpg)
Thanks for the blog and advice. A scheduled 3 interliner, by the way, is an important lining fabric that acts as a fire barrier!
Thank you, precise and easily understood. I always remember, the principle of the case can be found by the judges treatment of the facts as material and his decision based on the.
Good luck! :)
Very kind gentleman, there's still hope for civilization🤩
Thank you, we will pass on your comment to Alex as he puts a lot of time and effort into these videos :) Many thanks, Redwood Legal Team
@@RedwoodLegal thank you for these videos super helpful, I have query what if the counter claim is in excess of the small claims limit, how do you respond?
This is like a Dummies Guide to Small Claims Court, perfect for me, thanks Dude ;)
Thank you and best wishes! If you need a written guide to lead you in your case, there is also a book (part 1 now available and full book coming out in March).
@@RedwoodLegal Thanks, i'm just filling out an N1 form this weekend after watching some of your vids and others. Got your Kindle book, I'll read through it first before i submit my claim though. I also called the N1 form advice line to double check a few things, they seem helpful.
Can you please make a video explaining how to fill n244 form and witness statement how to write.
Thanks sir 👍
Thank you for the great video. I've got in touch with Redwood and they are going to help me with a claim
Thank you Aron!
very useful thank you
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Hello! Regarding the claim form if the defendant will offer payments via instalments - is the is judgment will still be enter against the defendant?
I am just quite confused regarding claim form and jugment.
Hi I am in court in Clerkenwell and Shoreditch ON 17TH December. The claim was against my company for £5000 and I have counterclaimed for £30000 and submitted the paperwork and payed the counterclaim fee. I initially was going to defend myself but decided now I require a solicitor. Please contact me if you can help.
Dear Splash Backs, please feel free to email us on info@redwoodlegal.co.uk and we can see what we can do to help, Many thanks, Redwood Legal Team
I have received a counterclaim from the defendant .. complete shocker !!
Going to contact Redwood Legal asap as I m short of time to reply.
Please do! Happy to help.
can you do a video about how to respond to a judge, or the adjudicating officer in the claims court. Paperwork is great, timings, dates timelines, but all the paperwork n the world doesn't prepare you for a judge, knowing you are self litigant, constantly interrupting, throwing curve ball questions, and worst of all quoting Latin terms to you.
What do you mean by an adjudicating officer? Yes, I could do a video on the mental side and being mentally prepared as well as physically prepared for court (with documents etc).
Hello,
Could you tell me what the structure of a 90 minute hearing for skeleton arguments is? Is it 45mins for each party to present its argument? Do witnesses give their testimonies as well? It's a claim for possession.
If you email me Luke, we can help. We have discounted rate £150 + VAT an hour for small claims advice and assistance. I will do a Vlog on the trial/hearings but unfortunately have not had a chance to date so nothing up just yet. info@redwoodlegal.co.uk
thank you. I have not been supplied direction questionnaire following the defence, what should i do
Has it been long since you received/supplied the defence?
Whats the time frame for replying to a defence? Is it 14 days?
Yes, but do not forget if you file an acknowledgment of service you have 28. You can also ask for a one month extension on top of this (so 56 days) if you have good reason. Most lawyers will not refuse this if you have good reason.
I ended up filing the defence form surprising no reply to defence from claimant, no directions questionaire from court, gone straight to directions hearing, not SURE if N244 to strike out application would suffice at this stage
@@mrt4409 Please feel free to email us if you require any assistance with this. We offer discounted hourly rates for litigants in person. Thanks, RL Team
Get to the point
No British accents 🙉👎