Debt Claim but counter claim of harassment

[Dean121]

I am making a debt claim against a company who have had significant business, but only made part payments. After numerous messages, calls and emails to no reply, the letter before action, a letter of harassment was sent to me as a way of avoiding the payment. Is a claim through small claims court the best option or a statutory demand? What are the other options?
Mis the letter of harassment, simply to frustrate my claim?

[jaguarsuk]

I am making a debt claim against a company who have had significant business, but only made part payments. After numerous messages, calls and emails to no reply, the letter before action, a letter of harassment was sent to me as a way of avoiding the payment. Is a claim through small claims court the best option or a statutory demand? What are the other options?
Mis the letter of harassment, simply to frustrate my claim?

Yes, they think by claiming you are Harassing them that it will make you go away.

The Protection from Harassment Act 1997 s1(3)(c) says:

(3)Subsection (1) or (1A) does not apply to a course of conduct if the person who pursued it shows—
(c)that in the particular circumstances the pursuit of the course of conduct was reasonable.

(1) and (1A) talk about you knowing or ought to know that your conduct amounts to Harassment, but while your correspondence and messages may be unwanted it is reasonable you contact them. However, it doesn't allow you to bombard them or use threats against them. Here forward I would limit the contact to postal purely for the purpose of any claim you might make.

It is perfectly reasonable for you to be chasing unpaid invoices and if they were to Claim or Counterclaim Harassment then this would be your defence.

You have had your answer to your LBA, therefore you must now decide whether you file a claim against them.

In sending documents or anything relating to the court process directly to them until they notify you they have a solicitor (if they do in fact get one) you are complying with the Protection from Harassment Act 1997 s1(3)(b):

(b)that it was pursued under any enactment or rule of law or to comply with any condition or requirement imposed by any person under any enactment, or

If engaged in a Claim the Civil Procedure Rules obligate you to carry out certain actions and the court will order certain actions, both of which you must comply with.

Basically you have the choice now of whether you wish to confirm to them that The Protection from Harassment Act 1997 s1(3)(c) says you can act in the manner you have to pursue the unpaid invoices and give them a last chance to settle or to just file a claim.

How much are we talking here?