Don't know whether to discontinue claim - other side threatening massive legal costs

[jammo]

Hello Legalbeagles!

I had a problem with a company last year, where I was relying on a payment from them for essential travel to work. I told them this over the phone and received assurances I would receive this payment by a certain date. On this date, which was a Friday, the money had not arrived, and I was not able to communicate with the other party and my bank to sort out the problem until the next day, by which point the travel could not be paid for/completed and I missed work totalling £250 in wages.

I have an email which states that the money would be with me in time, yet having started a Small Claims case, the other side made an application to strike out, stating I had not been EXPRESSLY told the money would be with me by this day, or that it was not in the contemplation of the Defendant when and why it was necessary, and they cannot be held responsible.

Said application makes no reference to the calls, and omits an important email, which makes it appear that they took care of the problem immediately, when in fact it took them five hours, and this led ot the missed transportation.

I have sent a Witness Statement including proof of calls made, and the missing email.

They sent me a cost breakdown last Friday totalling £8000! Which they are seeking to recover at this hearing, on Thursday.

I am concerned.

I am not attending as I am working in another part of the country, and have asked the Judge to consider in my absence.

But what happens if he/she orders these costs? I cannot afford £100, no matter £8000.

I was going to send a notice of discontinuance today, but I feel like they are trying to bully me into giving up.

They know my situation. They know I cannot attend the hearing, and am basically skint.

Further, they put in their application that all papers to be relied upon should be sent seven days before, which I did.

Then on Friday night they sent a bundle to my address which I have yet to receive. We have been corresponding via email only up to this point. Further, they have sent it six days before, not seven, they have had 24 hours to consider my submissions, and they sent it late Friday, so their office was closed all weekend when I wanted to get it emailed, and I am at a distinct disadvantage now as I cannot consider anything before the hearing as I am working non-stop.

Any advice?

James

[MIKE770]

they are trying to bully so much for fair justice (non existent in the UK) these days, they would not get away with anything like that figure on such a small amount, but that letter is to your advantage as harassment keep copy for the judge, you say figure of £250 is the claim against them?

Amethyst

[jammo]

Yes!

[Amethyst]

Did you go through the complaints process and send a letter before action before filing the claim?

Could you post your particulars of claim ? And the wording of their application ( presumably they have applied to strike rather than defend?) please.

What was the payment they made ( that was late and thus the basis of this claim) for? Was it directly related to your travel arrangements or the work you were meant to be undertaking to have earned the £250 ?

[jammo]

Amethyst

Sorry I cannot post POC.

It is an application for strike out.

Yes I went through complaints process. They are an American company who are based all over the world. I complained and told them I held them responsible and wanted compensation. They had their American lawyers send me threatening emails and told me to stop emailing them or they would take ME to Court.

Payment was compensation for call costs for complaining to them from abroad over four months. Total payment £320. Was not related to my travel arrangements.

Their application first and foremost states they are an American company who merely used their UK office ot sort out the initial payment, hence I have served in the wrong country.

Yet they have been served at their UK office as on Companies House website. Further, I believe that as this office is in the UK, and the staff member who mucked this payment up is a UK person in a UK office, I am holding the right location office responsible.

Wording of application is as follows (and notes on why I disagree):

1) No agreement was made relating to deadline for the payment, thus could only be expected by the claimant in a reasonable period of time.

Well I have an email stating it will be with me by this date i.e. "please expect it by 3pm Friday). And I also was told this in the calls.

2) The payment was in any event made on Friday.

It was but they failed to put the right bank details and this maladministration meant it took them another five hours to sort out.

3) Timing of payment was never made of the essence and the claimant never expressed any intention to rely on timing of the claim.

Well I wonder if this is relevant as relying on the timing I was told should be sufficient? in any case this importance WAS expressed in my calls.

4) The loss alleged to have happened was no forseeable or within the contention of the parties, therefore not recoverable. There is no causation between the Defendant's payment, or the timing of the payment, and the loss alleged to have been sustained.

Again, this was all covered in the calls, proof of said calls having been submitted as a screengrab from my phone showing two calls on the day I made them.

I am concerned they plan to deny these calls happened though. No mention of them was made in their application.

Would this mean it is my word against theirs and it would be struck out?

5) Claimant failed to mitigate his loss by checking the funds had cleared.

This is BS. They have made out I had all night to sort the mess out, and did not, by omitting the email I mentioned in my first post. In fact, I acted immediately and was waiting for their response to tell me where the funds were, which they then sorted out five hours later, by which point it was too late to travel.

6) the claimant's apparent failure to have sufficient funds for his travel to work are completely unconnected with the Defendant or with the monies being sent pursuant to the settlement agreement. As such there is no causation in any event.

See above.

So what do you reckon?

And what about their late submission of docs for the hearing?

Thanks!!!!!

James

[jammo]

Amethyst edited with more info!

[Amethyst]

So far I'm afraid I agree with them. Have they said anything about wasted costs or the cost of their application should you discontinue or have they offered a drop hands so you can just walk away ?

They offered to pay you compensation for complaints/calls you had with them ( which was then paid on the Saturday rather than the Friday by 3pm - was this definitely down to them sending the payment late or your bank not processing it )

Was this compensation offers as a gesture of goodwill, an admission of liability or ordered via an ombudsman etc ?

[jammo]

Amethyst

If I discontinue, the Court told me that the case would be dropped and the application hearing cancelled.

They cannot pursue me for costs then can they?

[Amethyst]

They could ask for wasted costs - however likely only the costs of the application ( £255 ) - but I would try get a drop hands agreement before you discontinue?

( ie. They agree in writing that they won't claim costs off you if you discontinue the case )

[Amethyst]

Can you post their costs schedule? Have they submitted to court or just sent to you?