Help with small claim defence and deadline

A_Geordie

Since you have acknowledged the claim, you have 33 days from the date of the claim form being issued. So the court must have your defence by 4pm on 22 April. Filing a defence online via Money Claims Online has a limited character count and usually not advisable to do because you can't argue something that is not mentioned in your defence. You can use the email ClaimResponses.CNBC@justice.gov.uk.

If you're posts are anything to go by, there's a very good chance you are going to lose if you apply the same approach to your defence because so far what you've said, doesn't really amount to a legal defence. I would caution against Pinkshoes' suggestion of just writing a simple defence, that is also not the answer. The answer is to address the allegations in the particulars of claim in a structured way.

You seem to be clinging on to the CRA 2015 and the Consumer Protection from Unfair Trading Regulations but it seems that the claim (or part of it) is based on defamation. Defamation claims are not allowed to be heard in the County Court without the consent of both parties so it must be issued in the High Court, which becomes very costly very quickly. That's a very quick win to have the claim or part of it struck out immediately. If you don't address that, you could be implied to have consented to the defamation claim being heard in the Court Court.

I am getting the impression you want to rush your defence and I have my doubts about whether you fully understand the legal process and the rules on how things should be drafted and submitted to the court. I would have thought you might have wanted some assistance on that from others on the forum who can give some input on what to focus on, but anyhoo, it's your claim so you can do what you want.

If you want to use a template to write your defence you can use this one: https://www.filemail.com/d/iasvirbjgilxlhv

Good luck

Le_Kirk

https://forums.moneysavingexpert.com/discussion/comment/81956952#Comment_81956952

On an earlier post you stated that the date of issue was 20/03/26, which makes: -

With an issue date of 20/03/26 and having completed the AoS in a timely manner your defence deadline date is 4.00 p.m. on 22/04/26

But above, you write 3rd March (03/03/26) which makes you late. what is the actual date of issue? What is an "aid for 28 day"? Did you mean you submitted the AoS?

Okell

@A_Geordie - I'm not sure he is suing the OP for defamation?

He may have threatened to sue for defamation but as I understand the OP he's only suing for the £90 unpaid diagnostic fee(?).

And I'm not convinced the OP can get out of the diagnostic fee just because it was the wrong diagnosis(?).

It would help if the OP could provide some actual useful information about the Particulars of Claim rather than a load of irrelevant detail

(But as you say, if she's adamant that she only wants to know the deadline for filing a defence fair enough)

A_Geordie

https://forums.moneysavingexpert.com/discussion/comment/81957414#Comment_81957414

Depends how you interpret what was said. The way I read the below suggested that there was a claim for £90 but also allegations of defamation within the claim form.

Bug they didn’t and ended up taking me to small claims for the £90 which I’m trying to formulate a proper legal response to . They are also alleging libel for defamation re the fb post .

The whole selection of posts from the OP are jumping from one thing to another without much context or narrative, so I think we are all going to say something different unless the OP clarifies the position. I agree the particulars of claim would be helpful and I deliberately avoided saying that in my last post as I suspect it could open up another can of worms with further questions that might go unanswered…

meiyaonline

deadline date . No it doesn’t . And lots of people ask on the motoring forum because it’s ambiguous as there is something about Sundays and bank hold but not all Sundays ?
At least I’m not only one getting confused .
I think it’s 17 th ?

meiyaonline

Also if have rescued 15 cats and there 11 rescued and retired horses on my mothers property I don’t see why that’s an issue .
if hadn’t stepped in they would have been sick starving and producing kittens as all were stray and abandoned by their owners .
I have always been passionate about helping animals ( and people )

My mum has a little cotragr on the countryside with lots of fields and outhouses for them to live their happiest life’s either in or out of the homestead .

We are not a charity but self funded and do every penny goes to their welfare . But at times certain types of people walk on to our property and think we must be rich ?! Well we are not because we do what we can for them

Yes we do have 15 rescued cats it’s one of the best things I’ve ever done with my life and I will always help animals or people in need.
Can anyone please tell me what my deadline is please. If it did say anywhere I wouldn’t be asking

meiyaonline

thank you so much a.geordie

You are an absolute legend xx.

Okell

didn't @A_Geordie tell you three days ago it was "by 4pm on 22 April"?

[Edit: cross-posted; see you've noticed A_geordie's answer]

Okell

@meiyaonline - can you confirm what he;s actually suing you for?

what do his Particulars of claim say?

meiyaonline

thank you so much for giving me the deadline date … all the advice and comments have been amazingly helpful

I truly appreciate everyone’s comments and even the surprise at 15 cats lol

I believe the claim particulars were asked for so will post now
had a lot going on with animals and haven’t been able to get back to forum over weekend so apologies