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Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
with your permission may we resume with this in the morning? I should be available most of tomorrow. would that be alright?
Yes of course.
my apologies for the delay in reverting to you. How may I assist you?
Hello, I am back
Hello. How may I assist?
Hi, Joshua, This is a follow up enquiry from my question on 14 March. Would my best defence be with a counterclaim for lost business and customers?
Thanks. I am sorry to hear of your wife's condition but glad to hear she is making a recovery.
Have you been able to identify and actions of the company beyond that provided for by its terms and conditions please?
No. All I have is verbal agreements.
Thanks. Have you asked for a copy of the terms and conditions of business?
thank you. The first step in my view would be to obtain a copy of the terms and conditions of business in particular the terms that govern credit terms from the other party. From there, it is a question of analysing their actions in respect of those terms and conditions and identifying any actions they have taken which are beyond the remit of those terms. In addition, if they have applied payments in a manner contrary to your instructions in any covering letter, this is another basis upon which you can claim a breach of contract.
if you are able to demonstrate a breach of contract in either of the above heads, then it follows that if you have suffered losses as a direct result of those breaches, you have a potential claim for damages they would need to be older demonstrate that a loss you have suffered was a direct consequence of one or more particular breaches
as to whether a counterclaim would be your best course of action would depend upon whether you can demonstrably show that you have suffered losses significant enough to justify a counterclaim as a consequence of breaches that you are able to identify. If the losses do not amount to a significant sum, then it may be better to focus on simply defending against their claim rather than issuing a counterclaim. however, if you can demonstrate substantive losses as a result of any breaches you can identify, then you may well wish to consider a counterclaim as a means of response in addition to the defence
is there anything above I can clarify for you any further?
Yes Please. I have only 2 days left to file defence, so obtaining their terms and conditions might not happen in time.
Have you considered acknowledging the claim rather than is submitting a defence straightaway? if you return the form from the response pack you have received from the court ticking the acknowledgement box, the length of time you have to respond to the claim will be doubled from 14 days to 28 days
as an alternative, if you do not yet have the terms and conditions to hand, you could consider claiming a breach of the terms in additions and placing the burden of proof upon the other party to demonstrate that they have not breached the terms and conditions you claim
I have already already applied for extra time
Furthermore I have written my sample defence with 12 points. Can I paste it here for advice of what I should keep or remove from my defence?
I ommited the names of people and companies only because this is online. I will use names on Defence
Point 2 - I would consider replacing the words "messed up" with a more detailed description of what occured.
Point 3 consider going into more detail about was agreed
Point 4 consider explaining the terms you offered payment upon and that they accepted payment but then did not honour the conditions you set
Point 6 consider going on to state that he puts the claimant to strict proof in respect of any claims on costs they claim against you
Point 8 consider replacing "man" with a company representative or debt collectors representative is appropriate
you may wish to consider on the above basis a counterclaim in respect of faulty stock and so far as you claim they have breached agreements and terms and conditions, any loss of business you can show you have suffered as a consequence of those breaches
is there anything else I can help you with from the above?
Thanks, XXXXX XXXXX alter the above, but as far as counterclaim can I do that on a later date?
Yes you can but if you decide to do it as a later date after filing your defence, you need to ask the court permission to do so and will need to explain that you chose to delay your counterclaim until such time as you could obtain further evidence you required in order to frame the counterclaim
I have to pick my daughter from school, be back in a bit
If there is anything else I can help you with please let me know.
Are you happy with all of the above to date?
Thanks, XXXXX XXXXX have less chance of getting a good outcome by not counterclaiming?
This is my revised defence. You made no comments about 9 10 11 12. Is my overall defence too long? and how do you see it?
may I clarify that the words in capitals have been substituted for privacy?
I would be using their names and full company names on defence plus actual dates
Thanks. This looks fine. you do not prejudice your position with regards XXXXX XXXXX defence of the claim against you by not issuing a counterclaim. By not issuing a counterclaim, you simply deprive your right to claim monies against the other party if you believe you are owed them as we discussed above.
One thing I forgot to mention is Pre Action Conduct or should I let the judge decide if they complied or not?
they should have written to you before issuing proceedings in order to request that you settle or that they will in the alternative issue proceedings against you. However in small claims cases minor trasgressions of the civil procedure rules rarely have a significant impact
If I can assist any further as the situation develops please do not hesitate to revert to me
Thanks, XXXXX XXXXX be in touch.
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Thanks and have a nice day.
And to you.