Surcharge Invoice and Third Party

[Posted21]

Hello Everyone
I am the sole director of a ltd company and received a Claim Form from the County Court Money Claims Centre with a Date of Service 1 December 2020 (despite actually receiving it in the post on 16 Dec).
I've sent an Acknowledgement of Service on 17 Dec.

I'm now at a bit of a loss about how to complete my defence (due by 29Dec). The Particulars of Claim say 'The Claimants claim is for Services Rendered by the Claimant to the Defendant at the Defendant's Request details of which have been delivered together with interest thereon pursuant to contract.'

But the details are just the invoice, amount and interest they've charged.

The claim is for just over £4000 - which is enough to put us out of business after the year we've had.

I used the company to do a big posting earlier this year. They sent me an invoice. I paid it. Then about a month later they sent a second invoice. The invoice just stated 'reversion'. When I telephoned the company they said it was a surcharge because Royal Mail had decided that my company didn't qualify for the type of postal service used. This despite me having confirmation from Royal Mail that we could use that service.

The company's T&Cs do say they reserve the right to 'amend the price of the Services to reflect any increase in the cost to [the company] which is due to any factor beyond its control'.
I asked for proof of the extra being charged by Royal Mail. No reply. Then pandemic/lockdown happened and I got distracted. In September I got a debt collection letter. Then this court claim in December.

Please could anyone advise
1. how do I raise that I only received the claim by post on the day it was due to be acknowledged?
2. How can I ask for more detail and proof of the money they say has been charged by RM?
3. Can they enforce T&Cs that give them such carte blanche to charge any sum after the service has been invoiced and that invoice paid?
4. Can I bring in RM as a third party to the claim?
5. If I can bring in a third party how do I do that?

Many, many thanks for any advice, particularly at this time of year.

[des8]

Is that the totality of the Particulars of Claim?

[Posted21]

Thanks for the reply Des8

Yes, the first sheet says under Brief details of claim: 'Services rendered, interest and costs'
And then they attach another copy of the first page of the form with PARTICULARS OF CLAIM: The Claimants claim is for Services Rendered by the Claimant to the Defendant at the Defendant's Request details of which have been delivered together with interest thereon pursuant to contract.'
Then there's some calculations of interest.
That's it.

[Posted21]

Is that the totality of the Particulars of Claim?

Yes it is

[efpom]

See https://www.bailii.org/ew/cases/EWHC...2010/1209.html

[des8]

The Civil Procedure Rules require that PoCs contain a concise statement of the basis of the claim in law and fact.
Those particulars do neither

So your defence admits Services were rendered by the Claimant, but the defendant contends that this claim is not suitably particularised and the statement of claim shows no reasonable grounds for the claim to be brought.

As it is small claim they will probably be instructed to file an amended PoC, at which point you file an amended defence

[Posted21]

Thank you Des8 and efpom that's really helpful and very much appreciated. I'll file the defence as you suggest and see what happens.