Court claim over £1000.00

[mcqk007]

Hi,

A company have invoiced us for a service our company didn't ask for.We can't afford to pay £600.00 for a solicitor.Will be possible we write the Defence Letter?

Thank you!

[Diana M]

Re: Court claim over £1000.00

A company have invoiced us for a service our company didn't ask for.We can't afford to pay £600.00 for a solicitor.Will be possible we write the Defence Letter?!

A little more information would be helpful

What is the claim Issue Date on the summons? You have 19 days from that date to file your Acknowledgement of Service stating that you intend to defend all of the claim.

You have 33 days from the claim Issue Date to file your Defence at court.

Is this a claim issued online through MCOL or personal service?

Your thread title suggests the claim is over £1k but you've referred to it being over £10k in another post on another thread. If so this is likely to be allocated to the Fast Track where the rules are different to the Small Claims Court way of doing things.

So what is the claim for, what were the services you didn't ask for, and did they carry out those services even though you say you didn't ask them to?

Di

[mcqk007]

Re: Court claim over £1000.00

Hi Di,

Thank you for your answer.
English isn't my first language so apologies in advance.

The Issue Date is 21/12 (we already send the Acknowledgement of Service).
My husband have a family business (engineering transport) and some times this other company ask for his services and sometimes the same company had asked if he knows another company which does the same service and my husband gave a"certain" company as reference,as they had work before in the past.
At certain period,we arent operating due of a lost of our daughter and the claimant company contact this"certain" company directly.Well this "certain" company done something wrong,based on the claimant views and damage a bus.The claimant said that we are liable to pay it as we indicate the other company and the other company doesnt have insurance.This "certain" company invoiced us for the same reason as the claimant didnt pay them.We said we arent liable to it,as we didnt do it and we dont have any contract with any of them.They said the will carry the work and invoice us when it was finish and the summon was £14170.34.We never agreed to it also it was nothing to do if us,as we were grieving all the month.

[ostell]

Re: Court claim over £1000.00

If you had no contract with the company then there is no way you would be liable for the claim. Pointing to another company as you could not do the work is not creating a contract. Have you asked this company for proof of contract with you?

[Diana M]

Re: Court claim over £1000.00

I'm sorry to hear of the the loss of your daughter.

From what you say this is a very complicated matter so you may need to go back to that solicitor (who gave you a £600 quote) for help because it's not a straightforward 'debt' claim if there are liability and damages issues involved.

The Claimant appears to be the owner of a vehicle which was damaged while work was being carried out by a third party.

The Claimant has therefore not paid the third party who now wants you to pay them for the job (is that right?).

The Claimant's claim may include damages for their damaged vehicle because they say you recommended the third party but didn't tell them that the third party did not have insurance.

How much of this chain of events was recorded in writing because if it wasn't this would be a situation of "he said she said". The Claimant has to prove their case against you not the other way round.

Without knowing the full story it's hard to comment but it may be a case of you joining the third party into the proceedings (Part 20 Defendant) which means in simple terms that the Claimant sues you and you in turn sue the third party for their potential negligence all in the same legal proceedings.

The court may also ask for an independent Expert's report on the work carried out etc.

Like I said this is going to be complicated and getting formal legal advice may be the way forward. Contact your local Citizens Advice Bureau to see if they can help you.

Di

[Diana M]

Re: Court claim over £1000.00

If you had no contract with the company then there is no way you would be liable for the claim. Pointing to another company as you could not do the work is not creating a contract. Have you asked this company for proof of contract with you?

Do you think the Claimant might try to argue that if they asked (verbally contracted?) the Defendant to carry out the work, and then the Defendant subsequently passed the job to a third party (because they were not able to carry out the work themselves at the time) then they (the Defendant) sub-contracted the work?

Perhaps the next question is: who actually asked the third party to do the work?

Di

[mcqk007]

Re: Court claim over £1000.00

Thank you.They dont have any contract with us.

[mcqk007]

Re: Court claim over £1000.00

Hi Di,

The bus in question belongs to the claimant customers.They always knew the third party didnt have insurance,but I cant not prove it.What I have is emails between us and the claimant,which proves we didnot authorised anything and a statement from their client with the dates.Ive prove that we arent operating as I have the documents of my daughter,since the hospital to her funeral. I attached their client statement .Where is in black is the name of the claimant company.We even dont have sure if the third party really done that.

Thanks!

- - - Updated - - -

The claimant ask them directly,but we cant prove it as we arent operating at the time.

[Diana M]

Re: Court claim over £1000.00

Do you have legal expenses cover in any insurance policy you may have including your home buildings or contents insurance?

Are you a limited company (with insurance) or are you a sole trader?

Di

[Diana M]

Re: Court claim over £1000.00

The claimant ask them directly,but we cant prove it as we arent operating at the time.

You don't have to prove it - the Claimant has to prove that they contracted you, and from what you say they didn't.

And you also say you didn't subcontract the work to the third party.

Why isn't the Claimant suing the third party who did the damage?

Di

[mcqk007]

Re: Court claim over £1000.00

I think because they aren't insured.
Thank you so much for your attention.Helped me a lot.

[mcqk007]

Re: Court claim over £1000.00

We are a limited company with liability insurance it covers my husband only.

[Diana M]

Re: Court claim over £1000.00

We are a limited company with liability insurance it covers my husband only.

Who (or what) is named as the Defendant on the claim form?

Di

[mcqk007]

Re: Court claim over £1000.00

My husband's company.
When my husband write the Defence should he only defend the particulars of the claim?Because on it say "The Claimant claims debt of 14170.34 arising from agreements for goods and services particulars of which appear in invoice"(Even the invoice due date stated in the claim is wrong,diverge from the date of the invoice which they have send to us).We never agreed in anything.Should we explain everything or only say we arent liable for this debit ,we never ask or have any contract/agreement with them?
Tks

[Diana M]

Re: Court claim over £1000.00

We are a limited company with liability insurance it covers my husband only.

Who (or what) is named as the Defendant on the claim form?

My husband's company

In which case check with the insurers to see if the policy covers legal expenses.

Di