Claim Received 3 months after issue date!

[DennisC48]

Hi

I have received a claim form fro county court business centre for a debt over disputed invoice around 2 years ago. I was in partnership with my wife running a shop which closed due to poor trade , and invoice in dispute was from a supplier. We accept a small part of the amount around 20% but not the full figure. We had been in correspondence and suddenly they stopped communicating.

We returned from holiday on 13th October to find claim form posted 12th October by claimants solicitors, delivered 13th October with claim dated 7th August, showing address we lived at some 10 years ago crossed out and new address (where we have lived for some 7 years) written in. I contacted court straight away to be advised that it was being reissued and suggested I acknowledge service which would give us 14 extra days to prepare defence.

My main question is that we have received no notification of this action by way of letter before action, nor any pre action protocol? I understand claim reissued with a date of 16th October. Does per action protocol apply to us as not sole trader at time but partnership with wife?

If not should we not have received LBA to give a chance to come to some arrangement, claim has increased by around £1000 including court fees/legal rep fees/interest and £210 for "late payment of commercial debt"

For your information Supplier new current address, sales manager had actually dropped my off at my address a couple of times, so no excuse for submitting claim to address 10 years old?

Any help much appreciated as I do not know how to submit defence in this circumstance

Thanks

Derek

[R0b]

Re: Claim Received 3 months after issue date!

I presume you were corresponding with them about the dispute at your current address and not the one 10 years ago? Did the court confirm that they are going to re-issue the claim form with the correct details on? The one you've received from the solicitors doesn't sound like correct service but do you know if the claim form is stamped by the court?

Who are the solicitors acting for the claimant?

You could write to the Claimant's solicitors and point out that you have received no letter before action in line with the pre-action protocols for debt claims and so they are in breach which you will point out in your defence and so you suggest that the claim is stayed i.e. for to enable the parties to enter into reasonable discussions and to avoid the need for court and incur further unnecessary costs. If they do not agree to stay the claim, then you should seek their consent to agree further time to file a defence under CPR 15.5. If their consent is unreasonably refused then you will also draw it to the court's attention when it comes to costs.

Alternatively, acknowledge the claim asap and start preparing your defence now. Assuming the claim form is correct and was served on 13 October then your already out of time for filing a defence so you do need to acknowledge today which should give you until 10 November to file a defence to the claim.

How much is the value of the claim, is it less than £10,000?

[charitynjw]

Re: Claim Received 3 months after issue date!

Could you clarify?

I have received a claim form

Is it just your name on the claim form?

[DennisC48]

Re: Claim Received 3 months after issue date!

Hi,

Thanks for your reply, the only correspondence was by email or the shop address. The court knew the address had been changed as they said is new address written in red, which it was, and they said that it was being reissued and I have managed to get on line to find date of service 16th October, notified on 25th Oct and Acknowledgement of Service 26th Oct, as we had acknowledged service.

Solicitors are Hopsons, Cheltenham and I have contacted them to advise them of the fact that we have heard nothing and are willing to try and resolve without court action and they said they would seek instructions from their client and get back to me, this was on 16th Oct and I chased on 30th Oct, they replied still waiting to hear from client! I will again contact solicitor to see if agree to extension you suggest.

Claim originally £2500.00 now £3500.00 with fees etc!

Thanks for your help, much appreciated

- - - Updated - - -

Claim has been issued in my name, and a separate claim for same debt in wife's name.

Derek

[DennisC48]

Re: Claim Received 3 months after issue date!

Could you clarify?

Is it just your name on the claim form?

Have received claim in my name,

and one for same debt in wife's name

Regards