Claim against letting agents failing to pay sub contractor - name error!!! Help

[Amethyst]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

The court - write in the box on the form yes

Yes cross out their names - if you find it easier you can email it to me admin@legalbeagles.info and I can check it before posting.

In your reply to defence you should list EVERYTHING ... but in the letter back to their letter you can just state you have contacted them on numerous occassions prior to bringing court proceedings and had no response.

Also is there any particular wording phrases i need to mention when explaining about their company/trading name mix up as that is their main point of defence?

not specifically but I'd like to see what they have put firstly. You might need to apply to amend claimant, I'm not sure just yet.

[Cornerfield]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

I have sent their defence and their letter to the email address above. Hope thats ok.

Thank you

[Amethyst]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

Thanks xx I'll have a look

[Amethyst]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

Here's the docs.

[Amethyst]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

REPLY TO DEFENCE - WORK IN PROGRESS....... ( editing this post)

1: The Claimant has applied to the County Court to substitute the claimant on the claim form. The Claimant contracted with Maxxxxxxxx Couxxxxxxxxxxxxx Lettings at xxxxx, xxxx address xxxxxxx. It was not until the Defendant pleaded his defence that it was known that this was a trading as style of Couxxxxxxxxxxx Resxxxxxxxxxxxxxx Letxxxxxxxxxxx Ltd.

2. The Claimant contends that the claim form was issued by the Northampton County Court Business Centre and the court's protocol was followed when issuing the claimant's particulars of claim. Practice Direction 7C point 1.4(3A) eliminates the requirement to attach the documents to the Particulars of Claim when they are issued by this court.

3. The Claimant has previously sent copies of documentation and invoices to the Defendant in letters dated x,x,x,x. EXHIBIT A

4. The Claimant further attaches the relevant invoices to this reply to the defence. EXHIBIT B

5. The Claimant complied with the pre-action protocol and sent letters to the Defendant on x,x,x,x,x. Copies of letters sent and received from the Defendant are enclosed at EXHIBIT C


5. The Claimant received a cheque?Bank transfer? for an amount of £xxx on xx/xx/xx from xxxxxxxxxxxxxxxxxxxxxxxx Limited.

6. The Claimant accepts this payment as a partial settlement of the claim as follows;
INVOICE XXXXXX - £XXX
Collection Costs - £40
Statutory Interest from XXX due date xxxx to date of payment of £xxxx

INVOICE XXXXXX - £XXX
Collection Costs - £40
Statutory Interest from XXX due date xxxx to date of payment of £xxxx

7: The Claimant continues the claim for the following overdue invoices;

INVOICE XXXXXX - £XXX
Collection Costs - £40
Statutory Interest from XXX due date xxxx to date of payment or judgement at £xxxx per day

INVOICE XXXXXX - £XXX
Collection Costs - £40
Statutory Interest from XXX due date xxxx to date of payment or judgement at £xxxx per day

[Cornerfield]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

You are a super star!!!!!!! Cant believe how good you guys are. Even as work in progress its amazing!!!!!! Thank you thank you thank you!

(Im flicking back and forth as currently sitting printing out every email chasing payment and every works order and invoice sent. I am up to 50 sheets of printed paper! And still going. Don't think they expected us to have a copy of everything dating back 5 years ago!)

[Amethyst]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

Thanks, I'm thinking and have to pop lunch down to school for the kids in a bit but will finish it off a bit later and hopefully someone else will give us some input. I'm not actually sure on the process to substitue a claimant, but we are dealing with a case where the other side have just substituted the claimant so will check how they did it and what the CPR's are in a while xxx

I think it is a good idea to include everything to show that you complied with pre-action and it took the court action being issued to make them actually pay... so that you are still entitled to the interest and collection costs.

[Cornerfield]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

Thank you so much!

I will look forward to your added details later lol

X

I am going to reply to their solicitor and say i have tried for the last x amount of years to settle outside of court amicably and that payment has now only been made as i have involved the court. So as far as i am concerned i have complied with all CPR she can quote!

[Cornerfield]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

Thank you Amethyst could you please advise how i go about doing this substitution of the claimant please?

And does it need doing before i send back the questionnaire or at the same time?

[Amethyst]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

Sorry got completely sidetracked... for a change.

So to substitute the defendant

- write an email to the defendant asking for their signed consent to substituting the claimant so that you may make the relevant application

- Make an application to the court ( £50 ) to substitute the defendant( Form N244 ) - needs a copy of the signed consent from the new defendant attaching to it.

- The court may then order that you submit a revised particulars of claim within 14 days.

[Cornerfield]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

ok thank you.

The deadline for the questionairre is on monday.

Do i send all these documents back at the same time- N244, Questionairre and my defence?

Where do i do my defence? Is it online? Or do i have to type it out and put it with my questionairre as there has been no letter from the court instructing me to put one together?

Out of interest what would happen if i didnt substitute the claimant and sent it as it was, explaining i was unsure which name to put as they keep changing their name? Can i claim the additional £50 back also?


Thank you

[Cornerfield]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

oh one more thing do i have to agree to mediation if they have ticked the box to say they do?

[Amethyst]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

Yes may as well all go together. You'll have to submit the application by post or email and telephone the court to make payment. You could try not amending and see if the court orders amendment to the claimant and just send your witness statement ( defence to the application) in to court for the court managers attention. There is a possiblity of costs against you for their application ( unfair I know)

[Cornerfield]

Re: Claim against letting agents failing to pay sub contractor - name error!!! Help

Could you explain this last part please? There is a possiblity of costs against you for their application ( unfair I know)