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Claim form for unpaid invoices. Disputed... Not late.

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  • Claim form for unpaid invoices. Disputed... Not late.

    Hi all,

    Had some invoices from MKM which we were disputing because for the same item they made up the price on 3 seperate days and it was different to what we signed for.

    This went back and forth for a number of weeks. The debt was passed onto a law firm who again requested the balance we immediately fired back and said we'd disputed the balance because it is different to what we agreed. The law firm passed this to another department in that law firm and then another person was emailing us... Inbetween all this MKM had accepted the dispute and reduced the balance, but nobody told us this had happened, fast forward a month and we received the claim form... They now want the new balance, but they also want interest, court fees and £160 in unpaid commercial debt fees...

    I have contacted them and said look, poor communication from you guys meant that we didn't even know the dispute had been upheld and the balance rectified. we were still waiting for a resolution whilst it had already happened.

    Will we have a defence for these fees if we were to return the claim form and accept the balance unpaid + the court fee but dispute the interest and £160 fee for unpaid commercial debt.

    We have and always maintained that we are happy to pay... but we want to pay the correct amount and not the amount they just plucked out of thin air...

    Also, the invoices were addressed to the company but the claim form has come in my name/as xxx business name...
    Tags: None

  • #2
    Hi, is your business a LTD company? if not what sort of company is it?

    Comment


    • #3
      Originally posted by JK2054 View Post
      Hi, is your business a LTD company? if not what sort of company is it?
      Sole Trader.

      Comment


      • #4
        so yes it would be correct that it is your name t/a business.

        You will need to look at the communcation you received for the confirmation that the lower amount was accepted, and the terms for the payment of this amount.

        That should clear up any dates or debt fees you are unsure on.

        Did you get a PAPLOC?

        It might be a good idea to SAR the law firm to get a copy of any documentation or communication that is sent and/or involves you.

        In any case you should go to the governemtn website stated on the claim form.

        If you are 100% sure you owe some of the money, you can admit some and then go through the steps then defend for the rest.

        otherwise you should file AOS defend all if you are in ANY doubt you owe any of the money.

        Comment


        • #5
          I have been through and there was no communication to say the balance had been changed it was just changed without our knowledge and sent over to the law firm.

          All we got in terms of a paploc after saying we are disputing them was pay by xxx or were going to court.

          Comment


          • #6
            Originally posted by JK2054 View Post
            It might be a good idea to SAR the law firm to get a copy of any documentation or communication that is sent and/or involves you.
            Although the law firm will likely assert the SAR Legal Professional Privilege Exemption to refuse you the communications between them and their client MKM.

            What other exemptions are there? | ICO
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment


            • #7
              Originally posted by PallasAthena View Post

              Although the law firm will likely assert the SAR Legal Professional Privilege Exemption to refuse you the communications between them and their client MKM.

              What other exemptions are there? | ICO
              I meant to get a copy of the communication to show whether or not they were notfied of the change in balance

              Comment

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