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Intention to issue a county court claim

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  • Intention to issue a county court claim

    Received this in the post today, after months of fighting to an ex employer that I don't owe it

    Sums due following termination of contract £344.38

    Take notice that unless you make payment of this debt within 7 days a county court claim will be issued against you.

    Then usual stuff if issued court fees interest and fixed costs will be added etc, and it will be entered in the register of
    ccjs, and never get credit ever ever ever.

    Any advice would be great, they wont let go of this, and there a massive big company, they already kept my deposit
    of £1000, should I arrange to pay it, or can they add all the fees to the total.

    Thanks
    Tags: None

  • #2
    Re: Intention to issue a county court claim

    At that level of claim, costs are possible but unlikely. They are even less likely if they go ahead but refuse mediation.

    Comment


    • #3
      Re: Intention to issue a county court claim

      What are the 'sums due' for?

      Are they a contractual term, such as repayment of training costs, or are they an overpayment of wages?
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Intention to issue a county court claim

        Originally posted by charitynjw View Post
        What are the 'sums due' for?

        Are they a contractual term, such as repayment of training costs, or are they an overpayment of wages?
        No nothing like that, it was a franchise I was in, long story short, I left they where pissed, a casual employee of there's
        I used to work for me while on holiday caused damage to a vehicle, they are charging me for it, and fined me as well, all
        because they can they said, I just want to no should I arrange to pay this or will this end up in small claims court, and do you
        think all the costs will be added. Thanks

        Comment


        • #5
          Re: Intention to issue a county court claim

          Originally posted by enquirer View Post
          At that level of claim, costs are possible but unlikely. They are even less likely if they go ahead but refuse mediation.
          I really don't want to pay it, as I no I am in the right, but how can I fight a huge company, I would have a problem paying it if they add all the costs
          they are threatening with, do you think I should try and make an arrangement to pay it up, or ignore it, thanks

          Comment


          • #6
            Re: Intention to issue a county court claim

            Originally posted by irnbrukid207 View Post
            Received this in the post today, after months of fighting to an ex employer that I don't owe it

            Sums due following termination of contract £344.38

            Take notice that unless you make payment of this debt within 7 days a county court claim will be issued against you.

            Then usual stuff if issued court fees interest and fixed costs will be added etc, and it will be entered in the register of
            ccjs,
            and never get credit ever ever ever.

            Any advice would be great, they wont let go of this, and there a massive big company, they already kept my deposit
            of £1000,
            should I arrange to pay it, or can they add all the fees to the total.

            Thanks
            Does this mean that it hasn't been to court yet and you can defend? ie is this a Letter Before Action? If so, and you believe you don't owe the money, why not defend the court action and counterclaim for your £1,000?:confused2: There are knowledgeable people on here that can help you with that.

            Or have I completely misunderstood?:rolleyes2:

            Comment


            • #7
              Re: Intention to issue a county court claim

              Hi thanks for your post, no its the letter before action, its a messy affair, I decided to leave and they fined me for 2 days non service, which is in my contact
              only if they have to bring in an outside contractor which I no they didn't, the rest is an insurance claim part excess and part vat element of the claim, this is where its messy, the contract with the company is in my name but I trade as limited company, and the vat registration is in the company name, but they are charging it all to me personally, and I have now started to close the limited company down, thanks

              Comment


              • #8
                Re: Intention to issue a county court claim

                Originally posted by irnbrukid207 View Post
                Hi thanks for your post, no its the letter before action, its a messy affair, I decided to leave and they fined me for 2 days non service, which is in my contact
                only if they have to bring in an outside contractor which I no they didn't, the rest is an insurance claim part excess and part vat element of the claim, this is where its messy, the contract with the company is in my name but I trade as limited company, and the vat registration is in the company name, but they are charging it all to me personally, and I have now started to close the limited company down, thanks
                Is their contract with you is as a private individual/sole trader or you t/as your name ltd.?

                Do you accept that you owe them all or any of this money or, if not, do you have evidence that you don't? For example, evidence that they didn't "bring in an outside contractor" and that they hence are not contractually entitled to fine you?

                What of your £1,000 deposit? Why are they keeping it and are they entitled to do so?

                On the VAT, I believe you would have had to be invoicing as a Ltd Co if you were claiming the VAT and are not VAT registered as an individual ...erm... as you say it's not as straightforward as it might be.:tinysmile_hmm_t2:

                In your position I would seek appropriate professional advice before making a decision.

                Take a cold look at all the evidence to see whether you have a defense that would convince a judge and, if you do and can handle the stress, consider calling their bluff. Why should you be bullied into paying money if you don't owe it?:hand:

                Comment


                • #9
                  Re: Intention to issue a county court claim

                  Is the invoice in a company name with a companyVAT number or in the OPs name with the company VAT number,
                  Might be wrong even illegal if doing the second one
                  The contract is the most important evidence here what name company or individual is on there

                  Comment

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