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Hi all,
Some advice in relation to my next course of action would be gratefully appreciated.
A supplier I utilised has issued a small claims court claim against my business for an unpaid invoice. The claimant claims to have sent reminders regarding payment pre-action however I have not received these or a pre-action letter.
The claim form received is in the wrong entity name. I have advised this within my filed defence. I am not opposed to paying the invoice in settlement but can I avoid paying the interest and court fee added to the claim value? If a settlement was agreed, with no order as to costs, does this include the court issue fees or just in relation to legal costs incurred by the claimant?
Should I be seeking a summary judgement or strike out application? I understand however that this is will require a court fee of £255. If I seek a strike out application or summary judgement, is the fact the claim form and I assume the invoice in the wrong entity, enough for the courts to deem the claim has no merit or success?
Should I contact the claimant and request they discontinue the claim. Is there a fee payable by them for this course of action? Could a settlement agreement, stating I will pay the invoice value within X days, following their discontinuance of the claim and reissue of the invoice in the correct entity name (so that I am able to reclaim the VAT) be acceptable?
Thanking you in advance of your assistance.
Some advice in relation to my next course of action would be gratefully appreciated.
A supplier I utilised has issued a small claims court claim against my business for an unpaid invoice. The claimant claims to have sent reminders regarding payment pre-action however I have not received these or a pre-action letter.
The claim form received is in the wrong entity name. I have advised this within my filed defence. I am not opposed to paying the invoice in settlement but can I avoid paying the interest and court fee added to the claim value? If a settlement was agreed, with no order as to costs, does this include the court issue fees or just in relation to legal costs incurred by the claimant?
Should I be seeking a summary judgement or strike out application? I understand however that this is will require a court fee of £255. If I seek a strike out application or summary judgement, is the fact the claim form and I assume the invoice in the wrong entity, enough for the courts to deem the claim has no merit or success?
Should I contact the claimant and request they discontinue the claim. Is there a fee payable by them for this course of action? Could a settlement agreement, stating I will pay the invoice value within X days, following their discontinuance of the claim and reissue of the invoice in the correct entity name (so that I am able to reclaim the VAT) be acceptable?
Thanking you in advance of your assistance.
