I am helping a friend who has received a claim.
They have to fill in an N9D form based on the allegations in the particulars of the claim, now the N9D says to supply your defence.
The problem we face is, the allegation is vague and does not offer ANY evidence other than to say that the claimant 'has' evidence.
It is difficult to write a defence against an allegation that does not present evidence, and therefore is just an allegation?
The claim is from a previous tenant claiming the landlord withheld a deposit for rent arrears (some £3,000) when it was actually withheld for damage to the property (over £2,000 of damage)
Literally it say, "xyz owes me £700 for illegally withholding a deposit for rent arrears which it cannot be used for"
The defence is really, "The £700 was withheld to cover the £2,000 worth of damage cause (full evidence available)" and has nothing to do with the rent arrears for which a count court has already made judgement against you, in our favour"
SO, my question is, do they just write a defence to the allegation on the basis of not evidence being provided as the claimant claims to have full supporting evidence that the money was withheld for rent arrears?
After reading some other threads, I belive the defence should start something like:
I, xxxx xxxxx am the defendant in this action and make the following statement as my defence to the claim made by xxx xxxxx.
Save as specifically admitted in this Defence, the Defendant denies each and every allegation set out in the particulars of claim.
But unsure of what detail to go into about an allegation without evidence?
Any advice is much appreciated.
Thanks