Help with small claim defence and deadline

meiyaonline

Firstly

I am so sorry not to have been on this forum for so long but have been struggling with my my health and exhaustion for a while but feel but better today.

thank you to everyone who took the time to answer and give advice

But also a big thank thank you so much a_geordie.

You have been amazing .

I submitted my defence using the framework suggested but added additional paragraphs regarding the high quote and aggressive practices of ignoring my instructions to attend in the afternoon as you did say I should make it my own and do some of my own legwork so although I don’t think they are strong points they were in my opinion ‘ things that r really wanted to address. 

as I have now received my dq form and am using previous advice on car parking forums about filling this in and getting it submitted ( says by 8 th may )l

I do have another question if that’s ok ? Regarding witnesses on the dq form

1 Can I put my mum as a witness? Except that she has no landline or mobile phone or internet etc and would only be able to probably write a statement of what occurred as there is no phone signal in her house .
2 can o ask to attend a hearing without having to travel ? Whereabouts on the form do I ask for that ?
3. Should I provide other witnesses such as support workers ( who know my health and disabilities and personal circumstances that led to my misssinv their initial invoice oand other people who can provide proof of things around my circumstances? Because my mum is probably the best witness as she was there .
Is there anything else I need to provide

Obviously I have all the other documents from the other boiler engineer but he is not a witness is he?
I font think he would appear as one as he’s given his analysis and repair of the problem with the boiler .
so I just really want to know who I should think about as a witness ?

I think of my mum was the witness as it was her house ( I was not there ) as I was meant to be there at the spot scheduled for afternoon . She is a key witness and the engineer is the company boss and the receptionist / administrator o made the booking with is the company director and his wife .
so if they can be each others witness surely my mum can be also ?

Le_Kirk

The only reason they ask about witnesses at this stage is to make sure the room where the hearing is to take place is big enough for you and all your witnesses. You get a chance to submit witness statements after DQ stage and Notice of Allocation.

meiyaonline

is my mum allowed to be a witness as she was there but is family member

GDB2222

https://forums.moneysavingexpert.com/discussion/comment/81988730#Comment_81988730

Yes, she is. Her credibility would be less than an entirely independent witness.

meiyaonline

hi everyone

I finally received the claimants n180 yesterday via post.

so I think perhaps they are trying to get it struck out?
I think as well it shows some duplicity or double standard as it says they think I can’t afford the original fee but are asking for more fees to piled on top of it were to go to a higher track .
i think so far with everyone’s help and especially A Geordie this hopefully has put them off continuing but it has really taken a lot out of me so if they are trying to get it struck out part of me hopes it will get heard because I feel so angry to have been put through this when they didn’t even do the job correctly that they wanted m ey for .
o see why many people just pay up rather than go through this process but then if it does get heard I really hope it will help stop this happening to other people too.
So I don’t know which way this will go as it’s not up to them it’s up to the courts . Any thoughts on this ?
once again , thank you so much everyone for helping me fill out my defence correctly and holding my hand through this . I’ve literally wanted to give up at times but with all the help especially from A.Geordie and amazing suppprt shown I feel so grateful to have come this far with it

Thanks again everyone

A_Geordie

If you have requested a hearing but they have not, then there should be a hearing. A hearing will only normally be heard on the papers unless you both consent.

As for why they have stated that the claim shouldn't be allocated to the small claims track, that's unlikely to be upheld as cases like this sit squarely within the small claims track. It would b e a waste of court resources to allocate the dispute to a different track that's reserved for more complicated disputes.

meiyaonline

thank you for your insight.
I have received mediation appt now and plan to offer zero .
this is because I stand by my right to not pay for wholly inaccurate diagnostic service and because this case has left me adrenally exhausted and I’m having to rest as much as possible to get my health back on an even keel . If it goes to hearing I feel ( rightly or wrongly or naively) that I have a good case against the claimant.
any thoughts ?

GDB2222

Why bother to mediate if you have no wish to settle?

Personally, I’d at least offer something, as I find court hearings quite daunting despite having participated in quite a few. So, I would be happy to offer something to avoid the strain. Especially if you’re unwell you should prioritise your health and wellbeing if you can afford it.