Trader is defending the claim against them - any advice?

sezzybear

I have issued a money claim online claim against a trader as they have not sent the items that I ordered some months ago now. My claim is for the cost of the items plus the original postage that was paid (plus any court costs incurred).


The trader is defending the claim and in their defence papers have included information that is not true (ie incorrect facts, not judgements or opinions). Also, the defence includes most of the correspondence that we have had whilst trying to resolve my claim but they have omitted some of my responses which makes it look as though I am the one who is being unreasonable.


Do you know whether I get a chance to tell the court that that the defence is factually incorrect and to send the correspondence that the trader has not sent?

ScorpiondeRooftrouser

Well surely your case includes all the correspondence, so they will be able to see which parts the trader has left out.

waamo

Out of interest did you put on the letters anything like "Without Prejudice"?

BorisThomson

A timeline of events would be helpful here. Did you issue a letter before action?

sezzybear

ScorpiondeRooftrouser wrote: »

Well surely your case includes all the correspondence, so they will be able to see which parts the trader has left out.

When I issued the claim much of the correspondence hadn't taken place - their trainee solicitor started to email me once they received the claim.

sezzybear

waamo wrote: »

Out of interest did you put on the letters anything like "Without Prejudice"?

I didn't but the solicitor wrote on their first letter to me
"Without prejudice save as to costs"


and later in that same letter wrote


"...this correspondence is without prejudice, meaning that neither party is entitled to put this correspondence before the court or to disclose this correspondence to any third party."


They haven't included that particular letter in their defence papers as is their right but have included most of the email correspondence we subsequently had, but have omitted some of my emails.

waamo

Replies to a without prejudice letter also won't be shown. It is supposed to be a confidential attempt at settling the matter without going to court.

Showing one side of confidential negotiations would be against the principles of those negotiations. A court may look rather dimly on you showing them.

sezzybear

BorisThomson wrote: »

A timeline of events would be helpful here. Did you issue a letter before action?

1. Ordered items online and paid (less than £75).

2. Items not delivered.

3. Email correspondence with supplier.

4. Letter before action sent by me (by post, got certificate of posting).

5. MCOL claim issued by me.

6. Supplier's solicitor emailed me to try to resolve claim.

7. No agreement (ordered items not sent to me, nor any money refunded).

8. Supplier's solicitor issued defence to MCOL claim which includes factual inaccuracies and incomplete correspondence.

cono1717

What is the factual inaccuracies they are stating? Also as mentioned above if it's a reply to their letter that had without prejudice then they can't show this in court.

sezzybear

waamo wrote: »

Replies to a without prejudice letter also won't be shown. It is supposed to be a confidential attempt at settling the matter without going to court.

Showing one side of confidential negotiations would be against the principles of those negotiations. A court may look rather dimly on you showing them.

It is the supplier (ha ha, actually non-supplier!) who has sent the correspondence to the court, not me. They have sent all of their emails and all of their letters other than the without prejudice one and they have sent almost all of my emails but not all.

sezzybear

cono1717 wrote: »

What is the factual inaccuracies they are stating? Also as mentioned above if it's a reply to their letter that had without prejudice then they can't show this in court.

Distances from my home to the supplier's shops - they have significantly understated the distances by 150 - 185% which I presume is either to bolster their case that I am being unreasonable or because they haven't actually done their research properly.
And, yes, my emails are in reply to the without prejudice letter and it is they who have sent the correspondence to the court.