Advice on Debt Not Owed Please

[Nibbler]

Re: Advice on Debt Not Owed Please

Defend the claim.

[DirtySmurf]

Re: Advice on Debt Not Owed Please

[MENTION=55034]nemesis45[/MENTION] may be able to help when they see this. Can you post up a redacted copy of the county court summons you have received.

[nemesis45]

Re: Advice on Debt Not Owed Please

Hi Responding to your PM.

Can you please post a suitably redacted copy of the claim form, then we can see what to do next.

nem

[uk=clif]

Re: Advice on Debt Not Owed Please

Thank you I am just about to scan the letter and post it. One thing I have noticed though... On the email correspondence we have with him and the invoice he sent after we disputed, his ltd company name is different to the one on the court summons letter.
I checked on companies house and there was no name change and the ltd company name on his correspondence has never existed, just the one on the court summons letter which is the first I had ever seen it. This may be irrelevant but something I noticed might be worth a mention?

[nemesis45]

Re: Advice on Debt Not Owed Please

You can't have a liability for a debt allegedly owed by a non existent company!

nem

[Kati]

Re: Advice on Debt Not Owed Please

Thank you I am just about to scan the letter and post it.

any problems posting it ... feel free to email it to me ( kati@legalbeagles.info ) and I'll put it up for you xx

[uk=clif]

Re: Advice on Debt Not Owed Please

Hi please find attached picture of letter.

Exactly what my thinking was nem, have been through all previous correspondence and nowhere is this ltd company name ever mentioned, a completly different one which does not exist!

[nemesis45]

Re: Advice on Debt Not Owed Please

Ok , no mention of any contract or " verbal" agreement, so I wonder
what he intends to rely on in court.
Just the fact that he produced some plans?
Things to do :

1. Acknowledge the Claim and state intention to defend all the claim.
2. Gather any/all paperwork e.g. letters/e-mails to and from the claimant.
3. As no documents are mentioned in the POC CPR31.14 wont help.
I'm going to suggest a letter to the solicitor asking Formally what
their client intends to rely on. (I'll help with a draft if needed).

nem

[uk=clif]

Re: Advice on Debt Not Owed Please

Thanks Nem, yes I would appreciate help with the draft.

[nemesis45]

Re: Advice on Debt Not Owed Please

Ok I'm out for a while, will read all of the thread again later and get back to you.

nem

[uk=clif]

Re: Advice on Debt Not Owed Please

Thank you

[dan_1207]

Re: Advice on Debt Not Owed Please

This is exactly like the case I dealt with against them! They withdrew the claim and settled to pay my costs in excess of £1.5k recently, and I'll hopefully not hear from them again.

The particulars are the same as the one issued against my client and is simply a "stock" text.

If, as you say, the name differs, then you should write to Lane & Co pointing out this and invite them to withdraw their claim. If this is not done within 7 days, then you will file an application to have their claim struck out. I decided to file an application without telling them (they're a law firm and they should know better).

- - - Updated - - -

If they do not withdraw, do not reply, or refuse to withdraw, I'm happy to assist in a defence where necessary (don't want to step on Nem's toes.)

[nemesis45]

Re: Advice on Debt Not Owed Please

Ok the original solicitors letter mentions invoices and statements previously issued.
Do you have those?
If so are there any reference numbers/account numbers/acknowledgment of your order.
To my mind these prove nothing unless backed up with a written order from you.

So To Lane & Co.
For the Personal Attention of Mr Pitt.

Ref: County Court Claim Number...............................:

Dear Mr Pitt,

The following is sent without any admission of liability and with the intention of saving costs and court time.

In your pre- action letter dated .............: you refer to " invoices and statements " issued by your client as you must be fully aware such documents do not prove and contractual liability exists only that your client has produced said document as would seem as "speculative " charges.
For clarity I have not at any time issued any written or verbal orders to your client for the production of plans of any sort.
I suggest that Lane & Co advises it client that their claim is flawed and as such has no merit.

If your client continues with this flimsy claim I will seek to have the claim struck out.

Use signed for post check delivery date.

Claim Acknowledged:
So 33 days from issue date to formulate a defence if needed.

Let's see if he continues.

nem

[uk=clif]

Re: Advice on Debt Not Owed Please

Thank you for helping. Letter will be getting sent tomorrow morning

[nemesis45]

Re: Advice on Debt Not Owed Please

Happy to help, please keep us informed of developments, then we can
go forward to defence and witness statement if necessary.

nem