Respond to each point in the defence

Typical issues include: whether a money claim is the correct route; whether the First-tier Tribunal (FTT) findings are binding; whether the claimant has calculated the overpayment correctly; whether the defendant received or owes the money; limitation; set-off; and whether a later agreement affected the claim.

Create a response table with the defence paragraph, what you admit or deny, the legal answer, the evidence and any change to the amount claimed.

• Court route
• Legal basis for repayment
• Identity of parties
• Binding findings
• Principal calculation
• Interest
• Set-off or counterclaim
• Agreement, waiver or settlement

A signed document can raise questions of construction, consideration, authority, statutory effect, duress, estoppel or settlement. The answer depends on the exact words, context and law. Get advice rather than relying on a template assertion.

In the worked case, the defence relied on a document described as a waiver and the claimant disputed its effect. The later order records judgment for the claimant but gives no written reasons resolving that issue. It does not establish a general rule.

Follow the court's directions for responding to disputed points and exchanging evidence. A formal reply to a defence is not always required. For a small claim, CPR 27.2 generally excludes Part 32 apart from rule 32.1; use the witness-statement format and deadlines the court directs. Preserve mediation confidentiality and do not place inadmissible settlement material before the trial judge.