Faulty vinyl

DoaM

If you have an MCOL claim then:

#1 Acknowledge the claim. Give it a few days (up to a week after the claim date) to do the AoS online but otherwise there's nothing to be gained by delaying further. This then gives you a full 28 days (actually 33 days in reality) in which to file your defence.
#2 When doing the AoS, do not put anything whatsoever in the Defence box. Nothing. Not even a dot. If you do put anything in there than that is your full defence to the claim.

Go to the Parking board here and take a look at the 2nd post in the NEWBIES FAQ. This addresses court claims and provides advice regarding the process. (Ignore the fact that the board is about parking - the MCOL and court process is the same for all small claims).

Manxman_in_exile

michno8 - do as DoaM advises above.  File an Acknowledgement of Claim and that gives you more time to file a defence later.  (Your  defence will basically be a point by point denial of, and/or a response to, the Particulars of Claim filed by the claimant).

Why do you say in an earlier post that you only have until 18 August to file a defence?

It would help other people to give you advice if you could confirm: (1) whether or not you received a Letter Before Claim from the claimant warning you they would sue; (2) that you've recieved an actual court claim from the court; (3) what is the date of that claim; (4) what are the Particulars of Claim; (5) what action you have so far taken in response to the claim.

EDIT:  As DoaM implies, you need to respond appropriately to any claim to avoid losing it by default or because you've done something wrong.

Manxman_in_exile

Just to clarify: What is the date of the claim?  What have you done so far regarding the claim and when?  Have you acknowledged service as DoaM advised above?  (The reason I ask is that you may be mistaken in thinking you have until 18 August to repond).

Manxman_in_exile

I'm no expert in any of this, but have you read and understood DoaM's post made above on 07 August at 12:48pm?

As I say I'm no expert, but does what DoaM posted apply to you?  ie they are suggesting that by simply acknowledging the claim and doing nothing else at this point, you give yourself longer to file a properly thought-out defence.

EDIT:  Just to clarify my understanding:  If the claim you have received is a MCOL claim, then day one is the date of the claim (31 July).  Five days is then allowed for service, and you then have 14 days to lodge a defence.  BUT, if you simply acknowledge service of the claim online and don't put anything* in the "defence text box", you get a further 14 days to think about and to file your defence.  By my reckoning that takes you up to about 01 September.  But don't take my word for it, see what others advise.

*This is why it's important to know what, if any, response you have already made to the claim - it affects the deadline for responding with a defence.  (Third time asking).

Manxman_in_exile

IMPORTANT

I see you've left the claim number and security code on the scan you uploaded.  Might want to redact those...

You may as well check the deadlines on the support 'phone number they give.

DoaM

Please please please read post #2 of the NEWBIES FAQ thread in the Parking board, as I previously stated. This will explain the court process to you.

What you've received is the initial claim. Therefore you must do the Acknowledgement of Service, online. Do it now, don't delay, and as I said before - do not enter anything in the Defence box, that comes later. With a claim date of 30th July you have until (at least) 4pm on 28th August by which to file your defence (although a deadline of 1st September seems realistic - I'm just stating the bare minimum time that you have).

Once a defence is filed then it is up to the other party to decide whether or not to pay the hearing fee. If they do then the claim gets allocated a court date - as you are a business and the claimant is a consumer then they get the choice of court ... although I suspect the same court is closest for you both. Once this is defined then you'll receive instructions on when (and how) to file your Witness Statement and Evidence (in support of your Defence).

Note: the Defence is your rebuttal to the claimant's Particulars of Claim. (Technical points ... C claims X, you rebut that due to Y). The Witness Statement is a narrative to support your defence - what happened, in your own words. Evidence is referred to in your WS, and it is recommended that any evidence is referenced in the form of Initials/001 with sequential numbering.

Question: to whom has the claim been filed? You personally? Your business name? Are you Ltd company or a sole trader? Do you have a Company Number with a registration at Companies House?
The reason for asking is that you need to ensure that she has filed the claim against the correct entity ... if she's pursuing you personally yet the contract was with a Ltd company, then there's one defence point right there - she's pursuing the wrong entity.