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Is this a valid reason to defend a claim?

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  • Is this a valid reason to defend a claim?

    Hello all

    I received a county court claim form from a solicitors representing a company that states I have unpaid invoices.

    While the claim form includes copies of these invoices, the only correspondence received prior to the claim being filed was a brief letter from the solicitors, requesting payment was to be made in five days, otherwise 'proceedings will be commenced against you'.

    It does not seem the solicitors have followed the 'pre-action protocol' correctly - I was given neither sufficient time to respond to their original letter, nor did they provide me with up to-date statement or accounts, evidence of invoices, reply forms nor why regulatory information sheets.

    Is this a suitable reason to defend the claim? I do not want a CCJ against me, and I cannot afford to pay the invoices in full.
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  • #2
    No its not a suitable defence. Presumably if you received the letter and you knew it was not in compliance then you responded to the solicitors and explained their non compliance? What was the solicitor's reply?

    You would have to make an application to the court to seek a stay of proceedings pending compliance with pre action protocols. Otherwise you file a defence and follow the court process unless you admit the claim.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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