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

[hightail]

I've only just seen this thread. It appears this claim is mainly about vets fees so all paperwork from the vet should be sent to you, absolutely everything including a printout of the vet's notes showing diagnosis and treatment. That should be a start in identifying the kitten and give you a reason as to why it was pts. Really they should also get a witness statement from the vet. They are going to have to go some way to showing the kitten they took to the vet is the same one they got from you and that the dates tally with their claim. Without that it's pretty difficult to say much more so insist on seeing it.

[hightail]

 

With the court date there is likely to be an order that all parties disclose

documents they intend to rely on at the hearing a certain number of days before

the hearing.

 

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?

[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.

[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.