This is an example of the sad state of Legal Beagles these days: Court Claim – Arrow Global.
This poor OP posted up on the 28th of December saying they had received a claim. He posted twice, about a claim for £13,000. Not exactly a small amount, yet his two posts were completely ignored for a whole seven weeks!!! OK, so it was the Season and all that but, come the New Year, he didn’t receive any replies in the whole of January, or even the first half of February. You know the song: “This happened once before, when I came to your door, no reply!”
The first response from Amethyst came on February 15th, exactly seven weeks after he posted. He said he was planning to do his defence online on Dec 30th and any advice would be appreciated. He also asked whether the fact that the claim was over £10,000 should make any difference. You know what they said? NOTHING! Absolutely nothing! No-one popped round to say: “please post up your draft defence so we can take a look”. In fairness to Amethyst, she does try, she’s always around, but there’s just one Amethyst. The site has 70,000 members. Clearly there is a need for a bigger team. Even if not everyone is able to deal with a defendant facing court action, at the very least, they could flag up these posts for someone to respond. Trouble is, there’s hardly anyone left.
While the amount claimed would not affect the material facts used in his defence, it does have an effect in various aspects of the case. For a start, the claimant could not skirt around their duties to fulfil a request under Part 31 of the Civil Procedure Rules as they routinely do with small claims. At the very least, the poster should have been informed of the potential to get an extension agreed with the claimant. They should also have been told about the possibility of enforcing that request using an unless order. Inability to comply with the order could well force an early end to proceedings.
As it stands, the OP has submitted a defence without having the full facts or any documents. The defence has not been posted up but it can be safe to assume they would have just submitted an “embarrassed defence” saying they haven’t got the documents from the claimant. This would leave them wide open if the claimant supplies the documents. Placing an account on hold after proceedings have been issued means nothing.
Furthermore, being over the small claims threshold, the case will be allocated to the fast-track. That means they are at risk of costs if they lose. It also means the poor sod could have at least looked into getting legal representation through a CFA. Has anyone mentioned that? No. Of course they haven’t, no-one has even been on the thread, other than Amethyst, who is clearly overwhelmed by the amount of posts she has to respond to. That means she cannot give every thread the attention it deserves. That wouldn’t be the case if there were other people on board. Oh and where’s their Nemesis when they need him? Hibernating? Probably for the best!