Court Claim - Roof Trusses / - 2-10-2014

[Buel]

Hi,
I'm new on here and have been advised to post on here from the lovely people at MSE.

12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them.

2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?)

My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice.

Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed?

Thank you in advance.

[Buel]

Court Claim - Roof Trusses / - 2-10-2014

Received a claim? Yes
Issue Date: 2-10-2014
Amount approx: £5079
Claimant: Roof Trusses
Solicitor: A C Jones
Original Credit:

Particulars of Claim:
We manufactured and supplied timber frame panels and roof trusses to xxxxxxxxxxx on 8th September 2014 on behalf of the defendants who had ordered these from us. Our invoice xxxxxxxxxx for the balance of £4874.22 remains outstanding - this invoice should have been paid on delivery. Despite numerous requests for payment nothing has been forthcoming. Neither party are responding to voicemails, letters or emails.
We are not aware of any reason why this has not been paid. Interest is now payable at a rate of 5% per month as per our conditions of Business/Sale which currently equates to £20.31

Stat Barred? No

Have sent:

Other Info:
12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them.

2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?)

My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice.

Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed?

[Buel]

Re: Friend's received a court claim asking for amount plus 'costs'?

Apologies, it seems that I have posted on the wrong part of the forum. I have now filled out the relevant parts of the 'Received a Court Claim'!
Sorry for this.

[Kati]

Re: Friend's received a court claim asking for amount plus 'costs'?

Apologies, it seems that I have posted on the wrong part of the forum. I have now filled out the relevant parts of the 'Received a Court Claim'!
Sorry for this.

Hi @Buel, to LB.

I've merged your threads for you :tinysmile_twink_t2:

I'm sure some of our knowledgeable Beagles will be along soon to advise ....

Kati x

[Buel]

Re: Court Claim - Roof Trusses / - 2-10-2014

Hi,
Thank you so very, very much. This is so appreciated as my friend is one of life's 'good guys' otherwise I wouldn't be doing this for him!!

[Buel]

Re: Friend's received a court claim asking for amount plus 'costs'?

Hi all,
Please can someone help me with this when you get time?

[des8]

Re: Court Claim - Roof Trusses / - 2-10-2014

sorry wrong post

[Buel]

Re: Court Claim - Roof Trusses / - 2-10-2014

Hi again,

Please can someone offer any help with this?

[des8]

Re: Court Claim - Roof Trusses / - 2-10-2014

Hi & welcome.
Apologies for my aborted post earlier... I got on to wrong thread by mistake.

Presumably this is an MCOL from Northampton.
Your friend could respond by completing admission form N9A admitting the balance due for the trusses (as he had no intention of withholding that payment) and also completing form N9B denying liability for court fees and interest as the claimant had neglected to provide an invoice, in spite of requests and so brought he delay upon himself.
Admitting the claim could result in judgement being entered against him. This registration would then be passed to credit agencies.

Did the delay in delivery of the trusses cause problems or additional expenses (paying builders perhaps)? If so he could counter claim.

Alternatively he could now pay for the trusses directly following receipt of the invoice (less the court fees and interest).
Then acknowledge the court claim.
Then submit defence that payment made following late submission of invoice and that court fees and interest claimant's responsibility for not submitting invoice. and possibly counter claim for delays in supply!

Others more au fait with court claims may have other advice now I've got the ball rolling

[Buel]

Re: Court Claim - Roof Trusses / - 2-10-2014

Hi & welcome.
Apologies for my aborted post earlier... I got on to wrong thread by mistake.

Presumably this is an MCOL from Northampton.
Your friend could respond by completing admission form N9A admitting the balance due for the trusses (as he had no intention of withholding that payment) and also completing form N9B denying liability for court fees and interest as the claimant had neglected to provide an invoice, in spite of requests and so brought he delay upon himself.
Admitting the claim could result in judgement being entered against him. This registration would then be passed to credit agencies.

Did the delay in delivery of the trusses cause problems or additional expenses (paying builders perhaps)? If so he could counter claim.

Alternatively he could now pay for the trusses directly following receipt of the invoice (less the court fees and interest).
Then acknowledge the court claim.
Then submit defence that payment made following late submission of invoice and that court fees and interest claimant's responsibility for not submitting invoice. and possibly counter claim for delays in supply!

Others more au fait with court claims may have other advice now I've got the ball rolling

Thank you so much for this, this is very helpful indeed!
Did the delay in delivery of the trusses cause problems or additional expenses (paying builders perhaps)? If so he could counter claim.
Yes it did cause him quite a lot of problems. Please could I ask for a little help in making the counter claim, if he so wishes?

Alternatively he could now pay for the trusses directly following receipt of the invoice (less the court fees and interest).
Then acknowledge the court claim.
Then submit defence that payment made following late submission of invoice and that court fees and interest claimant's responsibility for not submitting invoice. and possibly counter claim for delays in supply!
This sounds just perfect and I fully appreciate the help! Would he have to provide a detailed breakdown of costs incurred such as the hire of a builder?

[wales01man]

Re: Court Claim - Roof Trusses / - 2-10-2014

Was this a Company invoice or a CCJ moneyclaim form?

[Buel]

Re: Court Claim - Roof Trusses / - 2-10-2014

They (finally) sent an invoice and in the MCOL form was in another envelope. Both arrived on Saturday.
Here is an edited version of the letter they sent:

http://i199.photobucket.com/albums/a...n/A-EDITED.jpg

[des8]

Re: Court Claim - Roof Trusses / - 2-10-2014

If it was me,I would pay the amount outstanding for the trusses tomorrow, possibly by bank transfer.
If the claim was a MCOL acknowledge the court claim online.
Then complete form N9B.http://hmctsformfinder.justice.gov.u.../n009b-eng.pdf
There are fees to pay if making a counterclaim.http://www.doyourselfjustice.co.uk/fees.php

If he requires help in completing forms etc there is plenty available here.

Also lots of info here:http://www.legalbeagles.info/forums/...-a-Court-Claim

[Buel]

Re: Court Claim - Roof Trusses / - 2-10-2014

Edited invoice:
http://i199.photobucket.com/albums/a...n/C-EDITED.jpg

[des8]

Re: Court Claim - Roof Trusses / - 2-10-2014

Just seen your post 12.
Bit quick of the mark , weren't they.
Certainly the missing LBA doesn;t do their case any good, but it wouldn't be fatal for them. Presumably they aren't using a solicitor.