Received a MCOL for a kitten I sold **SETTLED**

[steampowered]

What if the plaintiff doesn't intend to rely on any paperwork from the vet? Presumably the defendant can then claim there's no proof the kitten they sold went near a vet? Vet bills may exist but the claimant does have to show somehow they relate to the kitten in question, no?

 

Indeed. It is difficult to see how they can claim for a bill without providing a copy of the bill. The burden of proof is on the Claimant.

 

Personally I think it is probably better to let the other side come to the hearing with no paperwork, than it is to ask for the paperwork. If there are holes in the Claimant's case it is not the Defendant's job to plug them.

 

If they try to ambush the op at the hearing with new paperwork, after not complying with a clear court order to disclose it in advance, then the op should ask ask the judge to disregard it.

[hightail]

 

Personally I think it is probably better to let the other side come to the

hearing with no paperwork, than it is to ask for the paperwork. If there are

holes in the Claimant's case it is not the Defendant's job to plug them.

Absolutely. I was thinking more of them turning up to court with a vet's bill which may, or may not, be specific to the animal in question and my wanting the defendant to be ready for such a game. It needs a full copy of veterinary records and/or a witness statement from the vet to identify the kitten. A bill simply saying x and y treatment for 'Fluffy' won't do.

[citizenB]

hightail, the court/judge should not allow the claimant to "ambush". If they do this, then the OP should request an adjournment to ensure the paperwork is correct.

[busylittle1]

Surly in these type of cases a Judge isn't going to do an adjournment .... well lets see what awaits for me.

[AndyOrch]

You cant introduce undisclosed evidence at the last moment...that disadvantages you the defendant and is against the ethos of the CPR.You would reject it and request time to consider or even it should be allowed.

 

Regards

 

Andy

[hightail]

 

hightail, the court/judge should not allow the claimant to "ambush".

 

My one experience of small claims had the judge allowing the introduction of documents unseen by me. Admittedly this was by the defendant and maybe it was because they didn't have a real defence so it was just let go. It's no hurt to let the OP know their options just in case.

[labrat]

hi is there any updates on this?

[busylittle1]

Greeting all.. My court date is on the 17th of Feb.. no paper work of evidence has been sent to me...Should I be expecting anything. How do I start this when I go to court

[citizenB]

You might want to telephone the court and ask if the opposition has submitted any paperwork eg Witness statement, etc. I think all items that are going to be relied on have to be provided to both the court and the other parties at least 14 days prior to the actual hearing.

[steampowered]

Has there been an order requiring the parties to serve documents they intend to rely on in court a certain number of days before the hearing? If so, and if you want to use a written statement, you should submit this as per the deadline.

[SuperVillain]

Has there been an order requiring the parties to serve documents they intend to rely on in court a certain number of days before the hearing? If so, and if you want to use a written statement, you should submit this as per the deadline.

 

The date for exchange of documents should be on the order that notified you of the time date and location of the hearing.

[AndyOrch]

The date for exchange of documents should be on the order that notified you of the time date and location of the hearing.

 

Otherwise known as the Notice of Allocation:wink:

[busylittle1]

Evening all. I phoned the court and no paper work relating to this case has been submitted.. So if they try to submit t at the time of the hearing should I request the judge to disregard it.

 

 

I'm going through a check list for my self. Am I to say that the wife is a stranger in this matter and is not a third party. Mr XXX took legal possession of the kitten after insisting on taking it. He also failed to take out at the time the free pet insurance. He simply rushed the kitten into his basket and left the money on the side

 

 

of cause what ever happens I will post it on here

 

 

court time 2pm.

[havinastella]

Hope it goes well for you.

[busylittle1]

attended court today.

This is the preliminary hearing... the hearing before a trial.

 

 

Firstly.Mrs xxx who filed this case was the wrong person doing so...which at the preliminary hearing is not a problem...as the correct paper work get sorted after for the trial date.

 

 

In jest Mrs xxx said the kitten died of a virus.. This is what the vet had said. No paper work was submitted to the courts yet as this is the preliminary hearing. all paper work will me submitted before the trail date.

The judge was not interested in any paper work as he was simply telling the opposite side what they need to do to PROVE I am responsible for the kittens death. A kitten dying of a virus is not MY responsibility. ...its just one of those things with animals. So the OP would need extensive paper work from vets and so forth to prove I was responsible by neglect.. The judge said at this point "I can't see how you will obtain that when the vet said it died of a virus".

If on this basis the OP wants to take it to trail. It would cost them thousands. And all I would pay is the £800 or so that they are claiming for.

He told us both to go out and discuss if we could settle so it doesn't go this far.

 

 

I was happy to do so.

 

 

I agreed to pay them for the kitten back and £100 towards their vet bill.

 

 

she snatched my hand off at this.... as what the judge had said...it would be hard to prove the I was responsible for the kitten dying

 

 

So case closed.

[steampowered]

Well done!

[renegadeimp]

Glad to see this is over. It must have been very stressful. As long as it was the result you were looking for, then im happy for you

[andydd]

And good for the Judge for spelling out the weak case and asking you both to mediate, the Judge could of let the case continue and the other side lose and maybe face some costs consequences.

[honeybee13]

Hello there.

 

Well done today, I'm pleased this is over for you.

 

HB

[citizenB]

Busylittle, I am really pleased this is now resolved

[busylittle1]

Yes I'm glad it's over. It would have cost her Thousands to take it to a trial...which I didn't know it could/would get that far... I think in all.. this is a lesson for everyone.

The preliminary hearing is not the end of that matter.. there is those of us like myself have no knowledge of the term. And the stages to follow. So it's always best at this stage to consider your options.

I could have been really unkind and said I didn't want to mediate or make a offer and let this case((if she could afford it)) take me to court which will cost her thousands...if I win it would cost me nothing...if I lost it would cost me the claim she was after which was a mearly £800

 

 

I don't feel I won or lost. I feel I did the right thing and gave the money back for the kitten her husband paid for and some extra towards the vet bill...........if she /he would have contacted me prior all this.............I would have done the same. It was only at the court date that I found out the kitten died of a virus..Bless her little kitten sole

[citizenB]

I agree, you did what was best - although I would have left it at just the cost of the kitten. IMHO, I do not think that you were responsible in anyway for any portion of the vet bill.

 

It is very sad indeed that the kitten died, but this was not down to you in anyway.

[honeybee13]

Hello again.

 

I think you've come out of this very well. You weren't vindictive and I agree with CB that you've been very fair.

 

I hope this hasn't put you off kittens?

 

HB x