court hearing

[blackvelvet]

Re: court hearing

My account is in my personal name and initially I was down as "Self-Build", however the builders' merchant changed this without my knowledge and has been very vague as to when - it appears to be approximately 2 years ago, hence my suggesting they go back to then on my account - they put me down as "Electrician", which I am not - my partner is, but does not purchase any electrical goods from them. I am not a tradesman, I am an individual. I have purchased considerable amounts because I have renovated 4 houses over the years.

[des8]

Re: court hearing

So possibly not a business, but without the further info requested by PT we can't go further as there is insufficient detail.
As you asked the claimant for details of your account over the past two years, does that mean you haven't kept records or copy invoices?
That is going to make it difficult for you to prove your counterclaim, as I don't see them rushing to provide you with he proof you need.
Perhaps you need to send them a SAR, and hope you get the info before the court hearing.

[blackvelvet]

Re: court hearing

Regarding the invoices - I have some of them - the last year - but it is no help, as I was trusting them to have given me my correct discount as "Self-Build" - on their invoices it lists only the prices that I was charged, and not whether I have received the due discount or not - so I need them to provide this information. If I send them a SAR I don't think that would help, as I still would not know the full price as against the discounted price.

The reason the whole situation occurred is because I made a purchase (my last purchase from them), and I had reason to check the price - then I found that they I had paid £6 more than I should have done on a £40 purchase. When I queried the price, the manager gave me the £6 discount. So I now have questioned all my transactions.

Please note I have not ever refused to pay them, I have simply requested that they provide me with the necessary information to verify whether I was receiving my discount.

The manager agreed that the price was wrong.

Regarding the "Contract" - Which sections are relevant? The sections listed are:
DEFINITIONS; CONTRACT; PRICE; PAYMENT; NON-PAYMENT/INSOLVENCY; DELIVERY; CANCELLATION AND RETURN OF GOODS; INSPECTION; LIABILITIES; GENERAL

And one more question - if we have never refused to pay, and have been in dialogue to try and sort the matter out, should it not have been escalated to court proceedings? And will the court think this?
THANKS

[wales01man]

Re: court hearing

They may claim as you are not trade you do not get a discount even if you had it before

[blackvelvet]

Re: court hearing

Except they had me down as trade - as electrician - though it should have been "Self-Build" still.

[des8]

Re: court hearing

I think you might have a problem.
The claimant has requested you settle your outstanding invoice, which you checked and was amended by application of the discount?
You now don't have a problem with this invoice?
You BELIEVE that in the past you MIGHT not have been given the discount which had been agreed and you now require them to give you the info to prove they did not discount the listed price.
And this of course does not invalidate the invoice for which they are taking you to court.
And if you lose you will have to meet the original solicitors fees of £70, as these will have been paid by the claimant.

[wales01man]

Re: court hearing

You say you never refused to pay but sorry to say as you did not pay they have a case a defence needs to be found maybe PT can help difficult to see one though did you put the reasons you did not pay in writing?