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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I just looked at the paper and section 3 defence the guy put

Customer Question

I just looked at the paper and section 3 defence the guy put the claimed attacked me and my family it caused me stressed and it was reported to the police CAD number 7109 I have full details when the matter goes to court.
But I haven't done anything to his family or him I never even met his family. He is the only one lives at the house. What is that got to do with anything that he took my money didn't move me in and done a runner and in result I had to take him court. And even then he said he do not owe me any money .
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
What exactly would you like to know?
Customer: replied 3 years ago.
In his defence that he owes me money he is putting that I attacked him and his family. But I haven't done that or met his family. Surely it can't be that easy just to make up a story to get away from paying money that he took
Expert:  Jo C. replied 3 years ago.
Ok. So it was reported.

Is this a counterclaim or just a defence?
Customer: replied 3 years ago.
On the paper it says defence and counterclaim what is that mean?
Expert:  Jo C. replied 3 years ago.
Yes, he is counterclaiming then.

He can make that allegation and use the CAD to support it.

He won't get very much for it but it won't be brought to and end just because you are female and he is male. It will be considered on facts.
Jo C., Barrister
Category: Law
Satisfied Customers: 69365
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Customer: replied 3 years ago.
CAD it's just his word against my word. He made a completely false statement and just reported it. As I told him I'm taking him to court. So what abt my evidence that he gave me a contract singed it and took my money then done a runner and never gave me money back made me move out from my house and even spend more money to hire the van to be ready for the date he wanted me to move into
. Told me that house will be ready for me. But really the neibours said he lived in the actuall house for 20years and never plans to move out. People just pay him deposit and he never gives money back does a runner knowing he can get away with it .
Expert:  Jo C. replied 3 years ago.
its never as simple as one person's word against another. One account is always more credible.

He will use the CAD to argue that it was reported immediately so this can't be solely invented in response to your claim.

Thats not to say he will win but thats how it will be argued.
Customer: replied 3 years ago.
he is saying that I harassed him and attack him and his family and he said its been reported and he provided with CAD number. But I never attacked him or even seen his family. Surely its a serious offence police should contact me or give me a caution about this matter . But I heard nothing about it. How can his claim be valid ? Any one can make a story up and report it. But the fact that I wasn't contacted by police about this matter does that not show its a lie ?
Expert:  Jo C. replied 3 years ago.

You may yet hear from the police about it.

These allegations are nothing even remotely like serious offences. They are the most minor offences on the statute books.

Anybody can make false allegations and sometimes they do.

But the issue here is that he has made some kind of report and he is using that to challenge your suggestion that he has recently fabricated this to deal with your claim and that would seem fairly strong.
Customer: replied 3 years ago.
So what are the chances of me winning this ?
Expert:  Jo C. replied 3 years ago.
It depends on how the evidence comes out.

I haven't had full vision of this case or seen the demeanour of the witnesses so i can't give you any guarantees.

Overall, you would probably win on the deposit but I think your difficulty may be that you went to his home address and he will say you did it for an argument
Customer: replied 3 years ago.
Ok thank you for your help. Last question .im doing this all throu small claim court. Where do I supply my evidence throu paper supplying small claim court with my response or I do not supply it till actual court date ?
Expert:  Jo C. replied 3 years ago.
There will be a direction from the court that you supply all that information within 28 days of the direction. You can exchange then.

Since this is small claims court its probably worth fighting it. It might be that he has nothing at all and it all disappears into nothing. Even if the court does find a harassment against you it would seem its hard to quantify the loss.

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