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Wrongfully being claimed against for debt..??

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  • Wrongfully being claimed against for debt..??

    Hi,

    I had some work carried out by 'A', who then damaged part of my property. A then said they would fix it as a gesture of good will. A instructed B come round to my house and fix the problem. B is now claiming for money owed to them from myself.

    The issue now escalated to a CCJ and is in motion to go to court.

    First of all. Surely I dont owe the money due to not being part of the contract. I have not had any dealings or even spoke to B.

    Please could someone shed some light on this.
    The information I supply is provided for informational purposes only and, should not be construed as legal advice.
    Tags: None

  • #2
    Have you filed a defence in the case?

    It does seem from the little information you have given that B was subcontracted by A and A is the correct party for B to claim payment from. You contracted with A.

    Do you want to post the particulars of claim from the N1 court claim form and tell us where in the process the case is.

    Has B contacted you before issuing the claim ? anything in writing between you and A ( original quote for job, complaint about the damage, A's offer to rectify etc ?)

    How much approx. is the claim?
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    Comment


    • #3
      Originally posted by Amethyst View Post
      Have you filed a defence in the case?

      It does seem from the little information you have given that B was subcontracted by A and A is the correct party for B to claim payment from. You contracted with A.

      Do you want to post the particulars of claim from the N1 court claim form and tell us where in the process the case is.

      Has B contacted you before issuing the claim ? anything in writing between you and A ( original quote for job, complaint about the damage, A's offer to rectify etc ?)

      How much approx. is the claim?
      Thanks for your reply.

      I have not filed a defence as of yet,
      My defence will consist of :-
      1. I am not party to the contract, I never spoke to B to carry out any work. A said they would fix the damage as a matter of good will.
      2. B has taken me to a business to business court and i am not a business.
      3. The property is not actually owned by myself, i am just a tenant.

      I have just received the a letter from the court saying that B has commenced proceedings.

      There is numerous emails detailing the communication between myself and A, but no where I have agreed to pay for what B was going to do.

      B contacted me by letter/invoice to say i owed the amount.

      Its not a lot of money but its the principle that matters.
      The information I supply is provided for informational purposes only and, should not be construed as legal advice.

      Comment


      • #4
        Please clarify. You say it is in motion to go through court. Have you received a claim form from the court or just letters saying they are going to court?

        If you have received a claim form have you acknowledge it using the details and password on the form? Did you put anything in the defence? Not recommended as acknowledging gives you 33 days from date of issue to submit a defence.

        As a consumer the court hearing the case, if it gets that far, will be the court of your choice.

        Comment


        • #5
          Originally posted by ostell View Post
          Please clarify. You say it is in motion to go through court. Have you received a claim form from the court or just letters saying they are going to court?
          If you have received a claim form have you acknowledge it using the details and password on the form? Did you put anything in the defence? Not recommended as acknowledging gives you 33 days from date of issue to submit a defence.
          As a consumer the court hearing the case, if it gets that far, will be the court of your choice.
          Again thanks for the reply.

          I have received the claim form from the court. I'm filling the defence in today.
          The information I supply is provided for informational purposes only and, should not be construed as legal advice.

          Comment


          • #6
            If you have acknowledged the claim then that gives you 33 days from date of issue to submit your defence so don't rush it, you basically only get one shot at it. Why not post up here for critique before sending?

            Comment


            • #7
              Ive spoke to a solicitor and he has confirmed what I already thought, he has directed me to what to put in the defence, i.e the evidence to say that I have no contract with the company who is wanting money from me. I also have no contract with the company who directed the other company to repair the damage. So all is sorted, thanks for your all help.
              The information I supply is provided for informational purposes only and, should not be construed as legal advice.

              Comment

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