They've lied in their Defence Statement

[LegalDunce]

Hi all, I filed a small claim in the County Court (in England) a couple of months ago and the defendant filed a defence.

They have a solicitor; I don't.

The defence is full of inaccuracies (that I can prove) but I didn't know I had to file a "reply to the defence" when I returned my directions questionnaire! This was all done months ago and the hearing is next month.

Is it too late and what can I do about it? There were no instructions sent out about this and I only realised today.

You need to repost in the legal section.

Hey OP, we're not sure you meant to post this one in AIBU. We're going to move it over to legal for you now where we hope you get the advice you are after.

Thank you both.

I think this explains the process to submit a reply to a defence quite well

Thank you Jolly. I had found that information and it says:

15.8 If a claimant files a reply to the defence, the claimant must
(a) file the reply with a directions questionnaire; …

The directions questionnaire was sent back months ago!—I didn't know I had to reply to the defence at the same time. I thought the place to raise these points was during Mediation but that happened last week and went nowhere as the defendant was just wasting time.

Any thoughts on what I can do?

It’s not a requirement to file a reply. It’s only if defendant raises a new issue that you have not already covered in your initial particulars of claim.

You don’t have to file a reply as above. However as you are a LIG, the judge is still likely to consider it even if it’s late. I would advise to file one now in response to each and every one of their allegations even if it will all be covered again in your witness evidence. You will find a template online but adopt their paragraph numbering and respond to each paragraph even if it to say ‘bit admitted’ or ‘not understood for lack of particularly’ etc

It’s only if defendant raises a new issue that you have not already covered in your initial particulars of claim.

Yes, this is exactly what they have done.

@Pleasedontputthatthere Thank you—I will do this. I actually have this written up already from months ago but didn't know what I needed to do with it.

What is a LIG, by the way?

Sorry I meant LIP - litigant in person.

Strictly speaking you could make an application to seek permission to file a reply out of time. But you should try filing it without an application first. As another poster said, you're a LIP so the court may be lenient and it's a small claim.