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Court Claim - / - 16-9-2014

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  • Court Claim - / - 16-9-2014

    Received a claim? No
    Issue Date: 16-9-2014
    Amount approx: 1900
    Claimant:
    Solicitor:
    Original Credit:

    Particulars of Claim:


    Stat Barred? No

    Have sent:

    Other Info:
    I have received notification that a claim has been filed against me from the claimant - however I am still waiting for the paperwork from the court to arrive.

    I am a contractor and work away from home. As such, I provide services to various companies, although PAYE and wages, etc are processed by a different limited company.

    In May of this year, I spoke to a taxi company who offered long distance transfers about a price to take me from my home town to a city approx 90 miles away due to very poor public transport links and journey times once a week return. It was the lowest quote I received - and I offered to pay cash each time as long as I could be provided with a receipt so I could claim it back.

    They didn't want to do this - they wanted to invoice my employer directly - I explained how my employment situation worked and they stated that they were happy to do this - and would prefer to operate this way and invoice monthly. Unfortunately, this was agreed via telephone.

    The first invoice was received before the end of the month and before all journeys booked had been completed. My employer (i.e. the one who actually pays me my money) queried it, and stated that they wouldn't process for payment until all journeys had been completed as the cancellation for these was with 24 hours notice.

    They also stated they didn't agree to the 30days payment terms (which is fairly standard for businesses). After a long round of calls - I agreed that they could invoice me directly at the end of each month and I would clear it directly taking up to 14 days to do so. This put the onus on me - and not my employer.

    Payment made and acknowledged as received although I received a number of narky texts about the processing time with the bank (all of 2hours!)

    Before the end of June - I received another invoice for little over £1k, again including journeys that hadn't been undertaken - and I stood my ground refusing to pay until the end of the month. Payment was transferred as previously on 4 July.

    I flew out on holiday the following week. (Taxi company knew I was away and out of the country for 3 weeks) I received a text message on 17 July to advise they hadn't received the payment. I responded stating that there was little I could do abroad and I'd look into when I returned at the end of July.

    By 5 August, I was receiving abusive text messages from a variety of numbers using obscene language. I'd spoken to the bank - they'd confirmed the payment. I relayed this message but I was told to go in to their office on 18 August. I refused. Having had a number of harassing text messages, emails (to the address I am currently providing services for) and them repeatedly ignoring my requests to put their claim in writing, I ceased to engage with them. Again, more phone calls and texts (this time from their accountant). They have my personal email and mail address.

    I was threatened with if I don't make payment by 5pm on the Bank Holiday Monday, I will be taken to court and "evidence of their submission" stating I had provided proof of payment. I still hadn't had anything in writing other than threats via email or by text despite repeated requests. Apparently they did turn up at my house (knowing I wouldn't be in - and from what my friend who was there said, and will testify to, trying to intimidate me). Aside from anything else, they should not have been discussing the matter with her.

    So again, I ignored them. Today I received an email to my works address (again company I am consulting for) with them sending a screenshot of their claim that's been submitted.

    I should add, that I do owe for a couple of trips in July and I don;t object to paying this - however, they do not seem to like direct transfers and my personal account ceased to have a cheque book years ago - and I'm not about to give them my card details as I do not trust them.

    Once again, I replied to state that I would respond to documents from the court in due course - and they were to cease contact. Cue a sarcastic response. Another response from me stating that I will view further contact from them as harassment and to cease contact. Another reply from them "ho ho ho".

    I would like to know where I stand on defending this - I do not want to have to take a day off as that will cost me money (and I don't get paid for days off as a contractor) not to mention the cost of solicitors, etc if I go down this route.

    I am quite happy to pay the outstanding balance - provided they take something other than my card details - but I am not going to respond to threats and abuse.

    I am away again this coming weekend so won't receive any claim form from the courts until next week which will still give me time to respond.

    All help/advice gratefully received.
    Tags: None

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SHORTCUTS


First Steps
Check dates
Income/Expenditure
Acknowledge Claim
CCA Request
CPR 31.14 Request
Subject Access Request Letter
Example Defence
Set Aside Application
Directions Questionnaire



If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





NOTE: If you receive a court claim note these dates in your calendar ...
Acknowledge Claim - within 14 days from Service

Defend Claim - within 28 days from Service (IF you acknowledged in time)

If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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