Court claim over £1000.00

[Diana M]

Re: Court claim over £1000.00

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?

I can't answer that but you have 33 days from the claim Issue Date (which was 21st December 2016) to file your Defence so you have time to find the answer.

Before then it would make sense to send a formal CPR 31.14 Request to the Claimant for documentation to support their claim.

I expect someone on this forum can help you with that but the template letter in the Court Claim Section isn't appropriate for your special circumstances (it's basically for debts regulated by the Consumer Credit Act).

A Part 18 Request may be more appropriate since those POC sound woefully inadequate, but I can't suggest that without sight of the paperwork which I'm not in a position to do.

Fingers crossed your insurance cover may be able to step in. Check that first.

Di

[nemesis45]

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

Hi Can you post copies of the claim form and the invoice please after removing all personal details.
What exactly were the alleged goods /services involved?

nem

[mcqk007]

Re: Court claim over £1000.00

Thank you! !!

[nemesis45]

Re: Court claim over £1000.00

Thank you! !!

The details requested will help to get advice, there's number of " services " scams in regard to IT, advertising and business management and training is it something like this?

nem

[Diana M]

Re: Court claim over £1000.00

The details requested will help to get advice, there's number of " services " scams in regard to IT, advertising and business management and training is it something like this?

I believe the claim is in relation to works carried out on a vehicle by a business that the OP nominated which did a botched job.

For some odd reason the Claimant seems to think the OP should pay for the damage caused by the third party.

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.

. . . . . . . Please see the sequence of events below.

• XXX staff carried out engine oil leak repairs to Fleet Number XXX (Reg X) completing the task on Wednesday 20th July 2016.
• On Friday 22nd July 2016 the vehicle above broke down on Thornhill estate where the driver claimed the engine light came on and the vehicle came to a stop.
• Stagecoach engineer attended and found the engine sump plug to missing and engine oil all over the road surface.
• Walls Trucks recovered the vehicle back to Cwmbran Depot within one hour of breakdown on Friday 22nd. Stagecoach engineer cleaned road surface of engine oil.
• Stagecoach engineer fitted new sump plug to engine and filled with oil only to find the engine would not start due to partial seizure of crankshaft.
• On Monday 25th July 16 Stagecoach informed XXX of vehicle failure after checking all vehicle warning devices I.E - Low oil, Low water, Engine overheat. (All working as they should)

The vehicle mileage at the last service date on the 15th July 2016 was 6891 miles, and at time of failure on 22nd July 2016 it was 7484 miles totalling only 593 miles since last vehicle inspection.

Di

[nemesis45]

Re: Court claim over £1000.00

Is this view correct? Your husband recommended or referred the claimant to a 3rd party when repairs were needed to the subject vehicle? He did not subcontract the work to the 3rd party formally or verbally?

nem

[mcqk007]

Re: Court claim over £1000.00

Hi Nem,

Thank you for your help.The documents are attached.

- - - Updated - - -

We didn't ask because there isnt any Contract or Agreement.Tks!

[mcqk007]

Re: Court claim over £1000.00

33 days?I thought you should send in 28 days of the particulars of the claim been service...

[mcqk007]

Re: Court claim over £1000.00

Yes,he recommend the 3rd part before,not on this case.In this matter the Claimant contacted them directly .He didn't subcontract him,but could he say that?Surely he will need to prove that?

[Diana M]

Re: Court claim over £1000.00

The documents are attached.!

This is a claim for £15k + which is destined to be allocated to the Fast Track where the winner/loser may have to pay the other side's legal costs.

Has the Claimant instructed lawyers? Who is Thomas Higgins?

As I said earlier you should check your company's insurance policy for legal expenses cover to deal with this.

Di

[Diana M]

Re: Court claim over £1000.00

33 days?I thought you should send in 28 days of the particulars of the claim been service...

No it's 33 days from the claim Issue Date.

Di

[mcqk007]

Re: Court claim over £1000.00

Yes,their solicitor is Thomas Higgins.We will do.Tks!

[nemesis45]

Re: Court claim over £1000.00

The POC states " agreements " which to me means written ones, also the figures are all different, the Management Fee £ 500.00 + 20% Vat is not £500, the whole invoice seems " too rounded up " to be true.

nem

[Diana M]

Re: Court claim over £1000.00

33 days?I thought you should send in 28 days of the particulars of the claim been service...

Can you confirm whether this claim was issued by MCOL from the Northampton County Court Business Center or by Salford which uses a different system.

If it's from Salford it may state 28 days on the top right of the first page where it will give a service date which is deemed to be two postal days after it was issued.

You must be careful not to miss the deadline.

Di
PS I see the claim form shows NCCBC so it's 33 days.

[Diana M]

Re: Court claim over £1000.00

Yes,he recommend the 3rd part before,not on this case.In this matter the Claimant contacted them directly .He didn't subcontract him,but could he say that?Surely he will need to prove that?

Are you on speaking terms with the third party so they could provide you with a Witness Statement confirming that the Claimant contacted them direct not you ?

If the Claimant calls them as their Witness then you can cross-examine them in court under oath if their story doesn't match the truth.

The third party may be reluctant to help you because that could mean they'll get lumbered with the bill for their shoddy workmanship. That's why I suggested you taking legal advice on whether it would make sense to join them in the proceedings (Part 20 Defendant).

Di