Court claim over £1000.00

[mcqk007]

Re: Court claim over £1000.00

We received it from the Claimant,in 03.11 we receive an email from Thomas Higgins requesting payment and we answered it stating that we arent liable to pay it.

I was looking for a template about Part 18,I will send anyway to them tomorrow.

[Diana M]

Re: Court claim over £1000.00

I still can send CPR18?I dont have so much time left.

There is no Quick Fix for a county court claim of £15k.

The claim Issue Date dictates the next stage which is to file your Defence 33 days later.

It's now been established that your business invoiced the Claimant which may (may not) have created a legal contract between you both.

Without sight of the paperwork I can't say for sure.

Why did you issue the invoice and not Third Party Garage who actually carried out the work?

Di

[Diana M]

Re: Court claim over £1000.00

I was looking for a template about Part 18,I will send anyway to them tomorrow.

With respect, a generic template letter (Part 18) is not the same as a Part 18 application.

Neither is a CPR 31.14 generic template letter.

Either/both needs to be bespoke to your particular legal situation and the POC.

This is not a Consumer Credit Act situation (from what you say).

Di

[mcqk007]

Re: Court claim over £1000.00

Because the Third Party invoiced us and we invoice on their behalf,things you do without thinking.

- - - Updated - - -

Thank you,I start panic now.....No idea in what to do.
On the back of the Claim says " if you send the acknowledgement of service you must send a defence to the court to arrive no later than 28 days from the date of service."

[Diana M]

Re: Court claim over £1000.00

Because the Third Party invoiced us and we invoice on their behalf,things you do without thinking.

Thank you,I start panic now.....No idea in what to do.

No need to panic

The good thing is you've started to analyse the situation in order to discover whether you may be 'in the frame' for this claim.

But that doesn't mean by a long shot that you'll have to ultimately pay up.

This is why I kept referring to the potential of joining Third Party Garage into the legal proceedings (Part 20). This may not be appropriate but at least explore that legal option.

Is there any personal/family connection between you and Third Party Garage?

Di

[mcqk007]

Re: Court claim over £1000.00

Nope,any connection at all.

[Diana M]

Re: Court claim over £1000.00

Because the Third Party invoiced us and we invoice on their behalf

Did the Claimant pay you for that invoice you sent them?

Do you have a copy of that invoice and does it refer to work carried out by you or work carried out by Third Party Garage (named) on your behalf?

Do you have a copy of the invoice which Third Party Garage sent to you? Does it state the work they carried out?

Did you pay Third Party Garage for the invoice they sent you?

Were the two invoices (Third Party Garage to you, and your invoice to the Claimant) for the same amount?

Was there VAT on either/both of them?

Di

[mcqk007]

Re: Court claim over £1000.00

Hi Di,
The Claimant didn't pay for it so we didnt pass the money over to the Third Part.
Yes,we have the Invoices.
An observation, the Third Part didn't work on our behalf. The Invoice sent by the Third Part has the name of the place and the dates.
And yes,was the same amount.