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Is it through the "small claims" court? You should have received a letter with their claim and you counter claim online using the code they provide.
It is usually for a a claimant to prove, not you, that they tried to sort it out before hand. It is encouraged before using the court, if there are any falsehoods in the claim it will not go further than your response and will be closed.
So, counter it honestly and chances are it will be denied and the claimant charged the £70 or whatever it is.
Good luck.
.mo.-
Yeah it's through Small Claim, all filed online at moneyclaims.service.gov.uk. The claim is with a shop that owes me a refund for a cancelled order. I opened the claim back in March after bing told for months that "we'll get it sorted by the end of the week" until eventually they stoped responding. I offered them to go through mediation and then sent a letter 'making time of the essence'. Once the case was open they disputed the claim and offered to settle out of court. They missed their own settlement date and never signed their own agreement.
The case was then automatically sent for mediation. They missed the call from the mediator so it was then automatically forwarded to the court and we both submitted evidence.
I sent me evidence before they did. Once I received their evidence I saw that they claimed that they offered to settle out of court and I declined, which is not true.
What I don't know is if I'm now able to write to the court again explaining that they agreed to settle but didn't sign the agreement and missed the deadline.
Trunkie
I've had a Money Claim case referred to the County Court. As part of the evidence the defendant has submitted they've claimed that they offered to settle out of court and that I declined. This is not true, I agreed and signed their settlement claim. They never signed the agreement and missed their own deadline, at which point I escalated the case.
Will the Court see that the defendants claim is not true? Am I correct in saying that I can't offer further evidence once our initial evidence is submitted?
Is there a legal advice thread?