Help with small claim defence and deadline

meiyaonline

tgwml you for sharing the file a_geordie but unfortunately I cannot access it.

Could you please share again?

meiyaonline

yes you are correct in saying I do not have any legal knowledge of how to go about defending this taking each allegation in turn. And I would definitely appreciate any help in forming defences against each of these claims ina correct legal manner.

I have spoken to ask now legal was nswers and they advised using consumer rights 2015 and 2008 unfair trading practices for my defence in not payi g for a diagnostics service that was incorrect and proced ten times above what the repair actually cost

I also understand that the practice of turning up hours earlier to a vulnerable person when booked to come when someone else would be present comes under 2008 regs . .

But in defending the claim furtber and the particulars laid against me I would very much like more help from the forumites .

meiyaonline

in response to le_kirk the submission or filed date of this claim is the 20th of March the 3rd of March to an entirely different claim that is in the parking forums so yes you are correct I am referring to the 20th of March and I

meiyaonline

Hi forumites

I have this prepared so far .

I would like to ask

Where should I insert and how should I word the libel claim is not dealt with in all claims and should therefore be struck out please?

DEFENCE

1. The Defendant is a consumer within the meaning of the Consumer Rights Act 2015 ("CRA 2015").
2. The Claimant is a trader within the meaning of the CRA 2015.
3. The Defendant denies that they are indebted to the Claimant for the amount claimed, or at all. The Defendant alleges that the Claimant has breached statutory duties and engaged in unfair commercial practices. 

The Background

4. On [Date], the Defendant engaged the Claimant to provide a [diagnostic service/repair] on [Vehicle/Item] (the "Goods").

5. The Claimant provided a diagnosis stating [State what the trader said was wrong] and quoted [Amount] for the repair.

6. The Defendant, relying on this expert advice, agreed to the repairs. 

Breach of Consumer Rights Act 2015 (Service/Diagnosis)

7. Under Section 49 of the CRA 2015, a trader must provide a service with "reasonable care and skill".

8. The diagnostic service provided by the Claimant was not carried out with reasonable care and skill, as it was inaccurate. Specifically: [Explain why it was wrong—e.g., "The engine light was caused by a faulty sensor, but the trader claimed the entire engine needed replacing."]

9. Because the diagnosis was inaccurate, the subsequent services were not fit for purpose (Section 49) and did not conform to the contract (Section 19).

10. The Defendant further relies on Section 56 of the CRA 2015 regarding the right to a price reduction or to request the trader to redo the service. As the service was not done properly, the Defendant is not liable for the cost of the inaccurate work.

Breach of Consumer Protection from Unfair Trading Regulations 2008 (Price)

11. The Claimant breached the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) regarding unfair commercial practices.

12. The price charged was unduly and exorbitantly high, far exceeding the market rate for the actual necessary repair.

13. The Claimant engaged in a "misleading action" or "misleading omission" by failing to provide an accurate assessment, causing the Defendant to take a transactional decision they would not have otherwise taken (i.e., paying a high price for unnecessary work).

14. The price quoted constitutes an unfair commercial practice because it is disproportionate to the actual work required. 

Conclusion

15. In light of the above, the Defendant denies liability for the claim.

16. [Optional - Add a Counterclaim] Furthermore, the Defendant counterclaims for [Amount] for [e.g., damage caused by the incorrect repair / cost of having the work properly repaired elsewhere].

meiyaonline

or o could go with this version in full or just add para 3 at end

I would really like your thoughts

DEFENCE AND COUNTERCLAIM

1. I, am the Defendant in this matter. I am a consumer and the Claimant is a trader.
2. I admit that I entered into a contract with the Claimant on [15.12.2026] for diagnostic service (leading to repairs) for the price of £90
3. I deny that I am liable to pay the sum claimed, or any sum, for the reasons set out below.

1. Inaccurate Diagnostic Service (Breach of Consumer Rights Act 2015)

1. Under Section 49 of the Consumer Rights Act 2015, a service must be provided with reasonable care and skill.
2. The Claimant failed to provide an accurate diagnostic service. Specifically, that the burner and pump had jammed to such an extent they would have to be replaced and non repairable and two new pump valves were required , leading to unnecessary repairs, whereas the actual fault was  the burner had seized but was easilyrepaired  requiring none of the aforementioned spa ree parts  were required. 
3. The diagnostic result provided was misleading, and the service was not performed with reasonable care and skill.
4. [Optional: As a result, I am exercising my right to a price reduction under Section 54/55 of the CRA 2015, claiming a refund of £[Amount] of the fee paid for the useless diagnostic servic]. 

Or ( my own version)  as a result I am refusingto pay on a section 54/55 of the CRA 2015 for £90 being claimed for a useless diagnostic service

2.     Unduly High Price / Unfair Trading Practices (CPRs 2008)

1. The Claimant acted in breach of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs), specifically by engaging in misleading actions and failing to act in accordance with professional diligence.
2. The price of £[90] charged for the [ diagnostic service / work/ required  was unduly high compared to the actual price of a professional repair  (£170] (( company name ) and was misrepresented to me.
3. Had I been provided with an accurate diagnosis and a fair price, I would have agreed to the repair/service. The misleading information materially distorted my economic behaviour.

3. Strike Out Application: Defamation/Libel Claim

1. The Particulars of Claim include a claim for "defamation" or "libel" arising from [describe where this is mentioned, e.g., a review I posted].
2. The Defendant requests that this part of the claim be struck out under Civil Procedure Rule (CPR) 3.4(2) as it has no prospect of success and is an abuse of process.
3. Pursuant to Section 15 of the County Courts Act 1984, the County Court does not have jurisdiction to hear and determine any defamation action, which must be handled in the High Court.
4. A small claims court is not the appropriate venue for a defamation claim, and it should not be dealt with in this forum. 

meiyaonline

i could persue a counterclaim for cost of using small fan heaters and oil radiators to heat thevhme whilei wasted 2 weeks looking into getting a recommendation fo a good boiler engineer from a trusted source .

But am not sure if it's more hassle than it's worth rbh. I just d9 not feel I should pay for a useless diagnostic service that would have left me thousands out of pocket for totally unnecessary repairs!

Love to know your thoughts as to which I should go with .

Okell

https://forums.moneysavingexpert.com/discussion/comment/81967052#Comment_81967052

"6. The Defendant, relying on this expert advice, agreed to the repairs."

But you didn't agree to the repairs, did you?

Didn't you engage somebody else to do the work?

"Where should I insert and how should I word the libel claim is not dealt with in all claims and should therefore be struck out please?"

Is he alleging defamation? All he seems to be claiming for is the diagnostic fee (plus statutory interest?)

I suppose you could put as point 4 of your "Defence" that you deny any allegation of defamation - or however he phrases it

Okell

You are asking for confusion if you post in succession two different draft defences and ask people to comment on them.

Decide on one draft and then ask for comments

A_Geordie

I'm not going to do the legwork for you because it's your claim and you are the one who has all of the facts and evidence to be able to formulate a defence. As for a counterclaim, that's up to you but I think you might struggle to persuade a judge.

Like I said before, you need to match your defence against the particulars of claim. The particulars don't comply with the Civil Procedure Rules because there are no numbered paragraphs but that doesn't stop you from breaking it down and responding in a methodical way. For example, a breakdown of the particulars would be:

1. The Claim says you contacted them on 15 Dec 2025 about an boiler issue.
2. The company told you there would be a diagnostic fee, and they say you agreed to that fee.
3. The company attended on 17 Dec 2025 and gave an opinion about the boiler.
4. The company issued an invoice on 5 Jan 2026.
5. The company say you didn’t pay the invoice and there were telephone discussions that followed.
6. The company claims you posted about them on social media, and that you later admitted those posts were false or incorrect. They asked you to remove the posts.

What you need to do is going through each point and ask yourself, do you admit or deny each point. If you deny the point, you need to explain why and give you version of events (in a succinct way). If you have no knowledge of the point being made then you say that you are unable to admit or deny that point and it is up to the claimant to prove it. Keep it factual and no opinions or emotional statements that are irrelevant.

If it were me, I would probably write the defence something like the below:

The Particulars of Claim are poorly pleaded and fail to comply with the Civil Procedure Rules in that they are not set out in numbered paragraphs and lack proper particularisation. Accordingly, the Defendant has summarised the claim (and will respond in the same manner) as follows:

(a) The Claimant was contacted on 15 December 2025 regarding an boiler issue;

(b) A diagnostic fee was discussed and allegedly agreed;

(c) The Claimant attended on 17 December 2025 and provided a diagnosis as to the condition of the boiler;

(d) An invoice in the sum of £90.52 was issued on 5 January 2026;

(e) The Claimant seeks to recover this sum together with interest pursuant to section 69 of the County Courts Act 1984; and

(f) The Claimant also makes reference to alleged social media posts by the Defendant that were incorrect.

2. Paragraph 1(a) is admitted.

3. Paragraph 1(b) is admitted to the extent that a diagnostic fee was discussed and agreed. However, such agreement was subject to an implied term under the Consumer Rights Act 2015 (section 49) that the services would be carried out with reasonable skill and care, in accordance with the standard to be expected of a reasonably competent gas engineer.

4. Paragraph 1(c) is admitted in so far as the Claimant provided a diagnosis, but the Claimant breached section 49 of the above Act because the engineer failed to correctly diagnose the fault with the boiler. [Explain the misdiagnosis]. The Defendant will say that a reasonably competent gas engineer would have been able to diagnose the fault with relative ease and the misdiagnosis demonstrates that the services were not carried out with reasonable skill and care. Accordingly, the Claimant has failed to perform the contract to the required standard and is not entitled to the sum claimed, or at all.

5. Paragraph 1(d) is admitted but the Defendant denies that the Claimant is entitled to be paid the invoice, for the reasons explained in paragraphs 3 and 4 of this Defence.

6. Paragraph 1(e) is denied for the reasons set out in this Defence.

7. The Defendant fails to see the relevance of paragraph 1(f). Whether or not the Defendant made certain social media posts, such posts have no bearing on the claim or the Claimant's obligation to perform the services in accordance with its statutory duties. In any event, to the extent the Claimant is seeking to allege defamation, the Defendant would point out that all defamation claims must be started in the High Court unless the Defendant has given consent for such claims to be heard in the County Court. For the avoidance of doubt, the Defendant does not consent.

8. In the circumstances, the Defendant denies that the Claimant is entitled to the sums claimed or any sums at all.

The above defence is merely an example as to how you could respond so do not just do a copy and paste job and submit your defence as is. You need to fill in the gaps and add any relevant and important details that support your defence. Happy to look at a proposed defence but don't leave it last minute.

Le_Kirk

https://forums.moneysavingexpert.com/discussion/comment/81967029#Comment_81967029

With an issue date of 20/03/26 and providing you complete(d) the AoS after 25/03/26 and before or on 08/04/26 your defence deadline date is 4.00 p.m. on 22/04/26