Small Claims Court Help Please

baloo

We're after some advice please. We are in the process of taking a very dodgy car dealer to the Small Claims Court. We (think!) we have followed the law to the letter - sending letters to the car dealership etc, going though mediation etc and after exhausting all these lines we are have been given a court date. Due to Covid this will be via video conference. 
We have completed a Witness Statement (diary of events) and associated paperwork and have been instructed to send this to the court and to the Car Dealership. We, in turn, should receive their defence statement. We know this will not happen. They have not had the decency to reply to any of our calls or letters. 
So. my question is - do we HAVE to send our Statement to the defendant? We don't have anything to hide - it's all been sent to them at various points, but feel rather aggrieved that we won't get to see their defence  - which they say is an invoice signed by my husband - prior to the court hearing. My husband knows he didn't sign what they are saying he did and we get the feeling that they are either just making this up or have forged some paperwork so would like the opportunity to see this before the court date. 
Can anyone who has knowledge of the SCC process help please? 

waamo

Simple answer is yes. If the court says do something you do it.

baloo

And if we receive nothing from the defendant? Will that be taken into account during the case?

pinkshoes

baloo said:

And if we receive nothing from the defendant? Will that be taken into account during the case?

Yes! If they've been told to send you their defence and didn't, then use it in the hearing then it won't look favourably on them.

If the court says do something, you do it. 

baloo

Many thanks for the replies. Of course, it makes total sense. We have abided by the law, so should have no worries. 

tacpot12

I hope it goes well for you. Unfortunately going to court is a bit of a gamble, but it works most of the time.

Sandtree

baloo said:

Many thanks for the replies. Of course, it makes total sense. We have abided by the law, so should have no worries. 

Its not about "abiding by the law" but simply following due process. If you fail to follow the courts instruction then you are as bad as the defendant is and the court will consider that when deciding either a) the case or b) costs.