Money Claim

Declan1992

Hi,

I had some work completed for me by a landscape company. Now the job wasn’t fully completed however they promised to return 2/3 days later to correct it as it was late in the day. I made the payment by bank transfer (rookie move).

Now they responded to me for the first 2/3 days and to my partner but then totally ignored me and her and all forms of messages on text, Facebook via there business page and calls.

I posted a bad review on a review site and provided them with the proof necessary to do so. I also posted a shared review onto a Facebook community page detailing my dealings with them to warn others.

Fast forward 3 months and a money claim has been made against me stating the fence was damaged after installation however I have a photo from the day of installation showing it in the condition it was left. Also for my ‘slanderous’ quotes that have caused them to loose Business.

What’s my best play here and what are my chances?

Slanderous is the quote on the claim details and on the heading for the photo evidence.

I thought slander was a spoken word not a written word and am I correct in saying the onus is on the claimant to prove that such comments if proved untrue have provided loss of earnings with proof.

I feel I have a strong case with evidence between us showing I was ignored on 23 occasions when trying to make contact

Also does the claimant have to provide notice of intent to file a claim in such a case to attempt to come to an agreement before they can peruse such action ?

DoaM

Slander is spoken; Libel is written. If their claim is for slander then they'll have a hard time proving it.

Have you received an actual MCOL or merely a letter threatening one? If yes then the pre-action protocols advise that a Letter Before Action should be sent to allow the parties to narrow the scope of the claim, or reach a resolution prior to court action. Not sending one isn't fatal to their claim, but it may be taken into account when awarding costs.

Is there a claim reference number on the form? If it's a real claim then you need to do the Acknowledgement of Service (AOS) to state that you'll defend ... that gives you 28 days (actually 33 days in reality) to file your defence. Note: DO NOT enter a defence when doing the AOS otherwise you lose the opportunity to actually file a proper defence.

Your defence is the points you'll raise to defence the claim ... it is NOT a full pack of details with evidence - that comes later at the Witness Statement stage.

I suggest you have a look at the NEWBIES FAQ in the Parking board ... one of the posts in it addresses the small claims court process.

the_lunatic_is_in_my_head

They should a letter advising they are going to take you to small claims, my limited understanding is not doing so doesn't stop the process but would reduce the chance of them being awarded costs if they won.

All websites are responsible for content they host which is why they offer a take down process which should be the first avenue in a situation like this.

Again my understanding is limited but I don't think small claims handles claims for defamation but they require a different court process and costs are extremely expensive.

You are correct that slander refers to spoken and libel refers to written.

waamo

If you've received a claim then read this https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Failure to send a letter before claim can invalidate a claim but, frankly, don't get your hopes up.

Point it out in your defence and invite the judge to strike the claim out. They probably won't but it's worth a shot. Cite the case of Barton vs Wright Hassall (Neutral citation number [2018] UKSC 12) which states the court process must be followed to the letter which the claimant has failed to do.

Evidence for court is AIUI exempt from libel laws.

the_lunatic_is_in_my_head

Worth a read of this as well:

https://legalbeagles.info/forums/forum/legalbeagles-consumer-forums/welcome-forum/1442987-can-defamation-case-be-brought-through-small-claims-court

as it suggests it can only go through small claims if both parties agree.

Pollycat

The OP started a thread on another board (not sure which one) a couple of days ago that was moved here today - after the OP followed someone's suggestion to re-post on Consumer Rights.
https://forums.moneysavingexpert.com/discussion/6072859/money-claim


Maybe one of the mods could amalgamate the threads.

Declan1992

Hi, so as suggested. Shall I just acknowledge this claim. I do not have to file my full defence? Just my intention on what I am responding weather that’s counter or just a full defence.

I have until the 4th to respond I think

waamo

Declan1992 wrote: »

Hi, so as suggested. Shall I just acknowledge this claim. I do not have to file my full defence? Just my intention on what I am responding weather that’s counter or just a full defence.

I have until the 4th to respond I think

Do the acknowledgment of service online. That buys you extra time for your defence. Do not put anything in the defence box at all. If you do that will be taken as your defence. I once heard of someone who put "To he completed later" in the defence box. It cost them £100 to amend their defence.

Am I right in thinking the claim forms were emailed to you? That's a big no no. Ask for the claim to be struck out in your defence as it probably will be. Take a read of this https://www.supremecourt.uk/cases/docs/uksc-2016-0136-judgment.pdf

Manxman_in_exile

See my post #21 on your other thread.

DoaM

Declan1992 wrote: »

Hi, so as suggested. Shall I just acknowledge this claim. I do not have to file my full defence? Just my intention on what I am responding weather that’s counter or just a full defence.

I have until the 4th to respond I think

Follow the dropbox link in post #4. (That's the same link referenced in the NEWBIES FAQ I mentioned previously). That gives you the guide on what to do when ... you need to be careful and make sure you do things correctly.