Hi there,

I received a county court claim form with the date of service 19th june with no particulars of claim attached.

I filed my AoS and i have been waiting for the PoC but they still haven't been filed

. My defence date is tomorrow (17/07/18) so im really at a bind as what is required of me.

I'm thinking i have to send in a defence but i'm not sure what to write the defence against as im sure its defending the points set out in the PoC.

Its briefly outlined in the "Brief details of claim" on the front of the form but besides that...nothing.

Should i write my defence up to defend against the brief details of claim?

Really appreciate any help you can give me! Thank you

Please post up the claim form which you have received in PDF format.

Also maybe you should tell us the story

Yes follow upload to do it

Hi sorry wont be long, just trying to upload

i worked for this guy for 4 years and he wanted out of two of his shops

i bought the stock off him but a stock value was never agreed,

i did my own stock take and by my estimate ive already paid him or not far off.

He never gave me an itemised stock list or anything.

He started asking me for money recently and i told im to stop asking me as ill continue when he gives me his estimate of the stock price.

A week later i received this court claim form.

Claim form(2).pdf

I won't be able to comment on this too much tonight. Check back tomorrow

However, this claim form includes the particulars of claim and it should have been dealt with straight away with a proper defence.

It would be helpful if you typed out his claim because your redaction makes it rather difficult.

Very briefly though, if you consider that he has no basis for his claim then you will need to address each point he makes.

Clearly you have very little time and so you better get cracking now typing out the claim and what you want to say about each point.

because this claim is for much more than £10, 000, it means it will go onto the fast track and so if you lose you could be liable for his costs as well.

Start preparing your defence here on this forum and we will have a look at it but I'm afraid that we are all compromise by the severe lack of time and the fact that we don't really understand the issues very well

Moved to gen legals

Defence was due today by 4.00pm......date on the claim form is day 1.

This is a CCMCCC claim not MCOL

Andy

Well he still has time to get a defence in as long as it is received by the court before a judgement application is received and it is processed. But he better look lively.

On the basis of what we have been told so far:

The claim is denied.

The defendant agreed to buy the stock of two businesses from the claimant.

The claimant undertook to provide a stock value and failed to do so.

In the absence of an agreed price, the defendant started making payments on the basis of an implied reasonable price for the stock.

The defendant has now paid what he believes is a reasonable price for the value of the stock received.

The claimant has still failed to provide any other valuation.

 

Additionally, the claimant has failed to observe the pre-action protocol and is not given any notice that he intended to begin a legal action.

The defendant respectfully requests the court takes this into account when considering any question relating to costs.

 

Statement of truth

It's really up to the defendant if he wants to come back and engage with this thread and try to sort the mess out.

It seems to me that the risk of costs are so dangerous that he should put in a defence and then try to negotiate a way out of it. However, an independent valuation of the stock and then a comparison of that against the money that he has paid date would be extremely helpful.

He needs to get a move on