MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

[swansea jack]

Hi Guys looking for some help defending this claim
this case is a bit complicated to put in writing but here goes.
its a claim for out standing invoices on a business to business level LIMITED COMPANY TO LIMITED COMPANY

I SHALL START WITH CLAIMANT`S MCOL CLAIM FORM..

1. the claimant is unknown to us ( never ever had invoices from this LTD Company) not to confuse issues ,call this COMPANY " B "

2. the claimants address is wrong ie;- not its registered office address

3 POC issues, THE unpaid invoices it refers to are from a different COMPANY which is vat registered and have DEALT with us in the past,, ( not to confuse issues call this COMPANY "A" )

4.POC , claimant , claims Court fee for a previous action,, states action cancelled on promise of payment, my company has not seen sight of this so called previous claim.

5. claimant states " I will provide the defendant with separate detailed particulars within 14 days after service of claim form. " NOT HAD THESE PARTICULARS ", (MCOL issue date 13 Jan 2016 )

6. claimant claims interest county court act 1984 section 69,

HOW CAN THIS CLAIMANT CLAIM INTEREST ON INVOICES NOT ISSUED BY THEM

The claimant believes that the facts stated in this claim form are true

IS IT A CASE THAT THE FACTS ARE UNTRUE

HOW DO I WORD MY DEFENCE, ? WHAT IS MY DEFENCE ?

[nemesis45]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

Good afternoon welcome to LB.

What is the connection between company A (known to you) and company B ( unknown to you).

Is company A using company B as a trading stly? i.e. Company a trading as Company B or
vice versa?

nem


Has there been correspondence between yourself and company A e.g. a letter before action?

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

Connection of, company" B" to "A" .. company B may be a franchise of company A. (COMPANY "A" IS VERY LARGE WORLD WIDE COMPANY)

invoices from company A, do not make a reference to company B (that is to say companies B details are not on companies A invoices )

NOT HAD a LBA from company "A"

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

Did write to Company "A " and stated my company agree to pay any financial obligation which they mightlawfully owe, ON CONDITIONthat they: Company "A"

1. Provide validation of the debt, that is, the actual accounting.
2. Verification of their claim against you, that is, a signed Invoice.
3. A copy of the Contract binding both parties (Company "A" and my Company).

this letter was sent by recorded delivery & marked WITHOUT PREJUDICE ( this was sent pre MCOL claim issue date)

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

did write to company "a " and stated my company agree to pay any financial obligation which they mightlawfully owe, on conditionthat they: Company "a"1. provide validation of the debt, that is, the actual accounting.2. verification of their claim against you, that is, a signed invoice.3. a copy of the contract binding both parties (company "a" and my company). this letter was sent by recorded delivery & marked without prejudice ( this was sent pre mcol claim issue date)

latest up update

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

latest up update

Legal beagle advice wanted...

IS THIS A “ NOTICE OF ASSIGMENT “



1 April 2016
My company Ltd (JACK)
My address
Is obscured

Post code area

Dear Mr jack ( name obscured )
Outstanding Debt £ xxx .xx to “ COMPANY B “

I write with regard to the outstanding debt of £XXX.XX which is due by your company to .” COMPANY B “

“COMPANY B” is a Franchisee of “COMPANY A”. And “COMPANY A “ self- bill invoices on behalf of “COMPANY B,” and cash remittances are paid direct to “COMPANY A”. However, under our agreement, “COMPANY B” is responsible for the Credit Management of their local customer base and any credit risk ultimately lies with their company.
Under the terms of our agreement, the debt reverts back direct to “COMPANY B “ 60 days following invoice date. At this point “COMPANY B “ is entitled to and authorised by “COMPANY A” to collect the money direct from the customer.(my company JACK)


Yours faithfully,

SOME KNOB

@ “COMPANY A “

[charitynjw]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

Hi swansea jack

IMHO

It's not a NoA as per the Law of Property Act 1925.
This would require the sale of the 'chose in action' from the assignor to the assignee. (Clearly this has not occurred).
The alleged debt seems to have reverted back to company B, as it is they who have the contract with you. (Or so it is claimed.)

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

Hi swansea jack

IMHO

It's not a NoA as per the Law of Property Act 1925.
This would require the sale of the 'chose in action' from the assignor to the assignee. (Clearly this has not occurred).
The alleged debt seems to have reverted back to company B, as it is they who have the contract with you. (Or so it is claimed.)

MORE JUST HAD EMAIL AS FOLLOWS

Dear Mr (JACK )
You should by now have received a copy of the attached letter detailing that we are indeed entitled
to recover the debt that you owe to “COMPANY A.”
Can I therefore request that this is paid immediately and without further delay so we can close the matter.
Many Thanks KNOB @ “ COMPANY B “



further up date ,in front judge next week

what is my defence

[Amethyst]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

What defence did you put in?

Did you mention that the further particulars were not sent ?

As far as your company is concerned it is not indebted to Company B ( the one that's suing you) at all.

Your company is indebted to Company A though. What is the court fee for a previous action ? Have company B already made a claim against you for the same invoices and failed ? If so then that court fee can't be added to this claim - they just lose it.

[charitynjw]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

IMHO

It would appear that, while Co A serviced the account, the contract(s) is/are between yourselves & Co B.

These matters can be extremely complicated.

Is there an express contract?

What are the terms of your contract with Co B in mind?

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

Defence and Counterclaim

Claim number
XXXXXX
Claimant
“COMPANY B”
Defendant
MY COMPANY (JACK)

How much of the claim do you dispute?

I dispute the full amount claimed as shown on the claim form.

Do you dispute this claim because you have already paid it?

No, for other reasons.

Defence

1: I received the claim XXXXXXXX from the COUNTY COURT BUSINESS
CENTRE, County Court BULK CENTRE, NN1 2LH on XX JAN 2016

2.'Save as specifically admitted in this Defence, the Defendant
denies each and every allegation set out in the particulars of
claim'.

3.The Claimant has failed to PROVIDE The SEPERATE DETAILED
PARTICULARS OF CLAIM WITHIN 14 DAYS , and has not disclosed any
documents relating to their claim to the Defendant.

4.The Claimant states the claim relates to UNPAID INVOICES for
goods or services supplied by them “ COMPANY B “to MY COMPANY (JACK)
but without further details the
Defendant is unable to identify such invoices within MY COMPANY (JACK)`s
own accounting and VAT INVOICE records.

5.Under Civil Procedure Rule 16.5 (4) Where the claim includes a
money claim, a defendant shall be taken to require that any
allegation relating to the amount of money claimed be proved
unless he expressly admits the allegation. Therefore It is
expected that the Claimant be required to prove the allegation
that the money is owed as claimed.

I request the court orders the Claimants to provide the necessary
documentation in order for me to fully plead my case else the
Claim should stand struck out.


Statement of Truth

The Defendant believes that the facts stated in this Defence are
true

Signed

I am the Defendant - I believe that the facts stated in this form are true
JACK

[Amethyst]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

That sounds fine, has the court asked for Witness Statements or anything since filing your defence?

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

That sounds fine, has the court asked for Witness Statements or anything since filing your defence?

HAVE BEEN IN FRONT OF JUDGE ONCE ,(EARLY MARCH 2016)

CASE HAS BEEN ADJOURNED FOR ANOTHER HEARING, NEXT WEEK
judge asked that "COMPANY B" provide letter of assignment , NoA between "COMPANY A" and "COMPANY B"

would self billing agreement between COMPANY A and COMPANY B, be seen as a "notice of assignment" OR merely an instruction or authority for my company (JACK) to make payment to COMPANY B...

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

HAVE BEEN IN FRONT OF JUDGE ONCE ,(EARLY MARCH 2016)

CASE HAS BEEN ADJOURNED FOR ANOTHER HEARING, NEXT WEEK
judge asked that "COMPANY B" provide letter of assignment , NoA between "COMPANY A" and "COMPANY B"

would self billing agreement between COMPANY A and COMPANY B, be seen as a "notice of assignment" OR merely an instruction or authority for my company (JACK) to make payment to COMPANY B...

latest update ( I THINK THIS ORDER IS OUT OF ORDER ) BANANAS?
(i shall outline as follows) LATEST TWIST (general form of judgement or order)

COMPANY "B"claimant V JACK (DEFENDANT)
Before district " judge BANANAS " at county court xxxxx
1. it is ordered that MD of JACK(DEFENDANT) ,Mr xxxxxxxxxx pay principal debt of £xxxx to XXXX (THIS IS NOT THE CLAIMANT COMPANY "B") but company" A"

2. prelimanary hearing to be adjourned to end of JUNE 2016

IS THIS A ERROR OF JUDGEMENT BY "JUDGE BANANAS"

[swansea jack]

Re: MCOL CLAIM, facts stated are untrue, " OUT STANDING INVOICE ISSUES "

latest update ( I THINK THIS ORDER IS OUT OF ORDER ) BANANAS?
(i shall outline as follows) LATEST TWIST (general form of judgement or order)

COMPANY "B"claimant V JACK (DEFENDANT)
Before district " judge BANANAS " at county court xxxxx
1. it is ordered that MD of JACK(DEFENDANT) ,Mr xxxxxxxxxx pay principal debt of £xxxx to XXXX (THIS IS NOT THE CLAIMANT COMPANY "B") but company" A"

2. prelimanary hearing to be adjourned to end of JUNE 2016

IS THIS A ERROR OF JUDGEMENT BY "JUDGE BANANAS"

see attached edited order