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Court Claim

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  • #16
    I guess the HWF refers to Help With Fees, and therefore that they claimant may qualify for an exemption from having to pay court fees.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Guides and handbooks for Litigants in Person - :

    https://legalbeagles.info/forums/for...60#post1701560

    Comment


    • #17
      Thank you for your speedy response
      So if I or my company lose I will pay the court fees of which I have no clue as to what they would be? So if that is the case this makes me wonder whether to even continue to defend as the claim value is only £400. Time spent and the cost of fees if by chance I were to lose. I have telephoned, texted, left voicemails, emailed and written to the claimant to ask if they would like to discuss to reach an early resolution without reply so I am unabl;e to pay even if I decided to!!!! I have sent the defence forms today along the lines of your good advice, also advising of my inability to contact the claimant so I will await the response. Thank you for your kindness.

      Comment


      • #18
        The figure 0 generally means zero, nothing.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Guides and handbooks for Litigants in Person - :

        https://legalbeagles.info/forums/for...60#post1701560

        Comment


        • #19
          That's reassuring, thank you.

          Comment


          • #20
            Hello
            I have today (Sunday) received in the post a form N149A Notice of Proposed Allocation to the Small Claims Track. This along with form NI80 Directions Questionnaire.
            This is still in my name rather than The Limited Company name which I advised of on the Defence document.
            I also emailed the court progression team three weeks ago to advise them and received a response to say that I would receive a reply within ten days.
            Any advice on what to do next.
            Thank you very much.

            Comment


            • #21
              Not much more you can do about personal name or limited company as the defendant. Court staff will not provide legal advice so are unlikely to answer your email with any useful advice,
              How did you quote for the work? On company headed paper, email with the company name, address etc on it? Did the customer pay by cheque, or transfer money to your personal or company bank account?
              You should complete, file and serve the DQ by the deadline

              Comment


              • #22
                Hi
                Thank you for your reply
                Yes all correspondence including confirmation of price was by Company email.

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                • #23
                  And the customer paid money to the limited company account?

                  Comment


                  • #24
                    No, this customer was given the option of paying by Bank transfer to the limited Company, by PayPal or Cheque.
                    She said she was unable to do any of those for a variety of reasons and sent the money in cash!!!

                    Comment


                    • #25
                      Did you send the customer a company receipt for the cash?

                      Comment


                      • #26
                        Originally posted by Jon56 View Post
                        No, this customer was given the option of paying by Bank transfer to the limited Company, by PayPal or Cheque.
                        She said she was unable to do any of those for a variety of reasons and sent the money in cash!!!
                        Cash was paid into business account of LTD company?

                        Comment


                        • #27
                          She sent the cash in three amounts and I advised her each time by company email of receipt

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                          • #28
                            You have the evidence that the claimant contracted with your limited company

                            Comment


                            • #29
                              Thank you
                              How do I get this message through to anyone as noone has acknowledge this so far and what would be the result? Strike out the claim (is that the term)?

                              Comment


                              • #30
                                I suspect the court will order the claimant to amend their claim form and poc to take account of the incorrect defendant being sued. If the claimant fails to amend their claim by the deadline set by the court, the claim may be struck out.
                                You just need to be patient "the wheels of justice turn slowly but the grinding is exceedingly smooty"

                                Comment

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