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Anthony Chendo
Anthony Chendo,
Category: Law
Satisfied Customers: 2223
Experience:  Solicitor at BLM
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I'm being taken to the small claims court over a dispute

Customer Question

I'm being taken to the small claims court over a dispute with a livery client for the payment of 1 weeks livery
JA: Where are you? It matters because laws vary by location.
Customer: Gloucestershire
JA: What steps have you taken so far?
Customer: Answered the claimants accusations via a defendant HMRC claim online
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes the claimant hadn't paid for the transportation of her horse to the vets , over 1 month later saying she had paid me cash with no witnesses that I know she hadnt
Submitted: 20 days ago.
Category: Law
Customer: replied 20 days ago.
She is asking for £643 as it breaks down into 1 weeks livery 128.68, I charge 110 per week ,,£250 for stress? £80 refund as her husband paid the outstanding balance when called and still reputing that she paid? Plus now £50 for rubber matting that I never ever would have sold her? As I don't sell my rubber matting it's part of the fixture and fittings, 2 of my liveries have bought there own, and this client never did as she moved into a stable already matted out, I have a previous occupant of said stable to verify this. And then court and legal proceedings costs.
Expert:  Anthony Chendo replied 20 days ago.

Hello

Welcome to JA.

I am sorry to hear about your situation.

Is it the case you require information on how to respond to the claim via the court given you do not accept her comments within the claim form?

Customer: replied 20 days ago.
I need to respond and also make a counterclaim as she has been utterly abusive and shouted expletives at me in the presence of my staff and other clients on more than 1 occasion, and also upsetting my staff when in the presence of clients when I was not onsite, questioning my authority and disrespecting my integrity. I have never been accused of being a liar or of fraudulently taking money from anyone.
Expert:  Anthony Chendo replied 20 days ago.

Hello

Ok you will need to send a defence and counter claim to both the court and claimant within 14 days from the date of service of the claim form. Alternatively if you have sent an acknowledgment of service within 14 days of service of the claim form then you need to send the defence and counter claim within 28 days from the date of service of the claim form.

The defence and counter claim needs to outline your response to each allegation noted within the claim form and particulars of claim. The link below gives you guidance on how defendants should approach each allegation noted within the claim form.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part16/pd_part16#II

I have also attached a defence and counter claim template for your consideration.

Once you have sent the defence and counter claim, if the Claimant does not provide a reply to the counter claim within 14 days you should request judgment on the counter claim. if successful you will receive a CCJ for your counter claim which can be enforced against the Claimant.

Expert:  Anthony Chendo replied 20 days ago.

I hope i have clarified the position, if not please let me know.

Thanks and stay safe.

Expert:  Anthony Chendo replied 18 days ago.

Thank you again for visiting JustAnswer, please let me know if you need me to clarify the answer given.

Thanks and stay safe