Live in Britain and received a court claim from Northern Ireland

[Darren Smith]

Hi I have relieved a court claim from Northern Ireland. For a listing on a construction website. They told me they would get me higher on Google . I never agreed or signed anything o think it is like a verbal contract and they emailed me something . They have never written to me until now . They did phone me and I told them I didn't want the listing . I offered to pay for part time my listing had been active and they said I couldn't ... So I said forget it . They said they will taker to court .
Is a claim fro Northern Ireland valid in Britain ?

[des8]

Re: Live in Britain and received a court claim from Northern Ireland

I believe if they try court in N,I, . as you live in England(?) you can dispute jurisdiction.
They will then need to issue proceedings in England, and if you dispute the claim, (assuming you are not being sued as a company) the case will be heard in your local court.
Due to the cost implications for the claimant they may very possibly be issuing idle threats!

[Darren Smith]

Re: Live in Britain and received a court claim from Northern Ireland

It is worded as my name then trading as then my company name ..... Later on I will write a copy out of the letter the court sent .
Is it likely it's just churned off by a computer so they wouldn't register the jurisdiction ... I kinda thought that might be the case part of the reason I thought shove it to them .
Plus they were inflexible .

[des8]

Re: Live in Britain and received a court claim from Northern Ireland

Mis read your first post.
You have actually received a court claim?
You only have a limited time in which to acknowledge and notify your intention to defend, or to dispute jurisdiction
As you did not agree to or sign any contract it would seem they will have trouble proving their claim anyway.
Are you sure you didn't inadvertently agree to something on their website?

[Darren Smith]

Re: Live in Britain and received a court claim from Northern Ireland

Ok here are the details .... from Nothern Ireland Courts and tribunals service (www.courtsni.gov.uk)
address in belfast
email address

Re *********v (my name) trading as (my business name which isnt exactly correct)
It says read info pack and return appropriate form
if you intend to dispute the claim ,issue a counter claim or accept liability then you must lodge the appropriate form
you can respond via the internet using their website www.court.ni.gov.uk it says register there ......
then gives case no
id no
There is then a respondents information pack
says important
you have recieved this envelope withthe details of the claim made against you which has been issued for the small claims court the application will have a claim no. which you must use it will also state if the claim is liquidated or not
it says that a liquidated claim is one for a fixed amount of money eg loans or goods supplied
unliquidated claim is one for estiamated amount of money eg damage to property which in the event of a decree being requested will be listed before a judge for an assessment hearing at the assessment hearing the judge decides the amount of the claim . you will be notified of the date time and place of the assesment hearing you should attend
please read the folowing notes for guidance carefully if you dispute the claim or wish to make a counterclaim then read notes d1 below and fill in the form d1 notice of dispute form
if you admit liability for the claim read l1 and complete acceptance of liabiltiy form
warning if you do noit return the forms by 28th august a decree maybe issued against you without further notice any decree in a small claim action is a county court judgment and may affect your credit rating
then it gives the address of the civil processing centre

I guess i would want to dispute it ????

D1
if you dispute that you owe the applicant all or part of the claim they have made you should complete and return the notice of dispute form by return date
your response must reach us by the date given

it then says you intend to make a counter claim (i dont ).................bla bla
then lists the fees for counter cliam
What happens next if you submit a dispute regardless of if the claim is liquidated or not liquidated amount you will be required to appear before a district judge the civil processing centre will send all documentation to the relavent court office and they will issue you with a time and a place for the hearing .
if you have difficulty attending court on the given date contact court and explain to them
At the hearing you will have the opportunity of being heard and outlining fully your defence to the claim and your counter claim you should bring any documents photgraphs witnesses etcv which support the defence of your claim

l1 acceptance of liabilty
if you admit the claim fully complete the acceptance of liability form and retuen to the civil processing centre your response must be recieved by the date stated
if you ask for more time to pay the amount on the claim then give details of your incme and expenditure and make an offer of payment
the decision on the time to pay application will be based on the information you supply so it is important you supply a full picture of your financial situation this information will be made available to the applicant

if you admit full liability for the claim unless you pay the full amount due including the court fee any interest cliamed the chief c;erk may issue a decree against you pay directly to the applicant not the civil processing centre
if you have already paid please state this on the acceptance of liability form

notice of dispute form
take notice i intend to dispute the claim made against me for the following reasons space to fill it in ......
then there is a space about counter claim
then there is a form for acceptance of liability
only complete if you admit the claim
i agree the claim made against me in full amd agree to pay the amount stated in full
do you wish to apply for time to pay this amount
then it says provide details of amount offered per/ week month with and to enclose details of income and outgoings
payments made in installments may result in a decree being issued for the outstanding amount however the decree can not be enforced unless you default on a installment .

then it says when you pay the claiment you also have to pay the court fee and the interest or the may still issue a decree

then there is the notice of application for a small claim form
it has their details and my old address
then it says note that i the above named applicant intend to apply to the dmall claims court at langanside courts belfast for a decree for their claim for £184
interest £3.62#Court fee £30
£217.62
please describe the details of your claim clai includes £40 late payment charge £.62 interest payable under the late payment of commercial debts act 1998 as amended and supplimented by the late payment of commercial debts regulations 2002
claim is for the cost of one years advertising on contstuction.co.uk website from feb10th and was booked by mr **********
then it has a statment of truth and is signes by the firm and by the chief clerk

Then right at the end i found the killer lol

Outside jurisdiction information
annex c
please sign and attach it to your small claim application if the respondent resides in england scotland or wales
ENDORSMENT REQUIRED TO BE PLACES ON THE SMALL CLAIM APPLICATION FORM.
"I state that the court has the power to hear and determine the claim by virtue of the civil jurisdiction and judgments act 1982 and that no proceedings between the parties concerning the same cause of action are pending in the courts of any part of the united kingdom or of any convention territory of any contracting state as defined by section 1(3) of the act "
Signed (applicant )

So would the CCJ appear on my brittish credit file ?????

If so i guess i need to pay it ?


i believe i agreed to have this listing on the phone and the guy that sold itpromissed me that he would personally get my website to top of google and stuff he promissed me to send me some email telling me the changes to make to my website and stuff and that he had got some other guy to the top of google doing likewise


this is the email they sent after the call
I never paid for it .

Advertising Order - Customer Copy
FAO:	Garry Goodchild	Sales #:	Gerard McKibbin - 618	Date:	05/02/2015
Product Details Product Item Cost Start Term End Date Copy Deadline Build/Construction Search Optimised Listing £120(stg) / Euro 164.4 10/02/2015 12 10/02/2016 09/02/2015 Special Instructions: verbal done by Garry Goodchild Advertiser's Name: Luxelent Colchester Electrician Address: 20 Spurgeon Street, Colchester Essex, CO1 2NS Tel No.: 01206510639 Fax No.: Email: desidereo@googlemail.com Website: www.luxelent.com The above advertisement will run in accordance with your verbal order. Name: Garry Goodchild Position In Company: Purchase Order Reference Number (If Applicable): Date: 05/02/2015 Time: 10:12:06 Should the accounts contact details differ from the above please complete and return for the attention of the accounts department - Flagship Media Group Limited. Account Contact: VAT Reg No. (Outwith UK Only): Address: Phone Number: This is a legal contract, any cancellation must be received in writing or by email within 7 days of order. It confirms the details of the verbal agreement entered by the advertiser and the publishers sales representative. All prices quoted are subject to VAT where applicable. It is the responsibility of the advertiser to notify the publisher of any errors or omissions herein. It is important to note that unless otherwise agreed in writing any editorial submitted will be included solely at the discretion of the editor. The parties irrevocably submit to the exclusive jurisdiction of Northern Irish Courts for the determination of disputes arising under this contract. Cancellations should be emailed tocancellations@flagshipmedia.co.uk. TERMS OF ACCEPTANCE All advertising is subject to approval by the Publisher and is accepted subject to agreement by the advertiser to indemnify and protect the publisher from loss or expense on claims or suits based upon the contents or subject matter of the advertisement. This includes suits for libel, copyright, plagiarism, infringement and unauthorised use of a person's name or photograph. The publisher is not responsible for any errors in copy supplied or for any loss or damage to such material. The advertiser shall deliver copy to the date specified and conforming with the publisher's requirements. The advertiser shall be liable for payment of Account if they do not supply copy by the specified date. Artwork produced by the publisher which has not been commissioned by a client remains the property of Flagship MediaGroup Ltd. It may not be used for reproduction in any other medium without the authority of the publisher. We reserve the right to make a standard change in the event of any such reproduction. Telephone calls may be subject to monitoring as part of routine training, advertising supervision and for the purposes of digitally recording verbal confirmations. Digitally recorded confirmations will be considered legally binding. Advertising accounts are due for settlement immediately upon publication, or not more than 30 days thereafter. All accounts are invoiced and payable in sterling/euro. Payment by credit/debit cards incurs a 3% surcharge.

[des8]

Re: Live in Britain and received a court claim from Northern Ireland

Hmm ....... having checked on Google I see you are top of the list.
So they did what they contracted to do.
A verbal contract is enforceable, even if their cancellation clause is a bit dodgy.
You did not try to cancel until you received a court claim.
They have issued a claim in NI and if you dispute it the case will be transferred to the office specified in the original application for a hearing
There is no problem (from their point of view) about jurisdiction

The only flaw I can see is their claim includes a late payment charge of £40.
Their terms of acceptance say that all accounts are invoiced.
You say that all you received from them was the order confirmation. Are you sure there was no invoice as well?
No invoice equals no late payment, no interest charge no court fee.
All they are due is the agreed fee.

Doubtlessly they will argue that" Advertising accounts are due for settlement immediately upon publication, or not more than 30 days thereafter" means accounts are paid within 30 days of publishing the advert, It isn't what it says!

[Darren Smith]

Re: Live in Britain and received a court claim from Northern Ireland

I need to deal with this one quick as the response has to be in by thursday so maybe i should make a offer of payment and send that in asking for time to pay . it also benefits me as its something i can put through my books

[des8]

Re: Live in Britain and received a court claim from Northern Ireland

Exactly what I would do, as quite frankly I can't see that you have a defence for not paying.
If you dispute their claim you could possibly end up with their costs on top.

[Darren Smith]

Re: Live in Britain and received a court claim from Northern Ireland

Ok I have been off work for a good few months and , just starting back at work my missus hasn't been working she has gone on maternity leave .
Is their any good advice about doing a income and expenditure to send them ?
Shall I send a spreadsheet ?

[des8]

Re: Live in Britain and received a court claim from Northern Ireland

Presumably you are considering admitting liability and applying for time to pay.
Just explain your position and do a simple I&E

Here's one that may help so you don't omit anything:
http://downloads.bbc.co.uk/wales/x-r...t_template.pdf

If you are given time to pay be aware you could still land up with a CCJ, which stays on your record for 6 years

Good luck

[Darren Smith]

Re: Live in Britain and received a court claim from Northern Ireland

You only get ccj if you default on the instalments says in the notes

[des8]

Re: Live in Britain and received a court claim from Northern Ireland

You only get ccj if you default on the instalments says in the notes

Are you sure?
Perhaps NI is different now, but I understood it was the same as in England & Wales where if you admit liability and offer instalments the court Issues its judgement (CCJ) and sets the amount of the instalments.
If you pay the whole amount within one month the CCJ is removed from the register, otherwise it remains. When paid in full after the first month it will be marked as satisfied, but remains public for 6 years.
CRAs obtain details from the registry

[Darren Smith]

Re: Live in Britain and received a court claim from Northern Ireland

do you wish to apply for time to pay this amount
then it says provide details of amount offered per/ week month with and to enclose details of income and outgoings
payments made in installments may result in a decree being issued for the outstanding amount however the decree can not be enforced unless you default on a installment .

Are you sure?
Perhaps NI is different now, but I understood it was the same as in England & Wales where if you admit liability and offer instalments the court Issues its judgement (CCJ) and sets the amount of the instalments.
If you pay the whole amount within one month the CCJ is removed from the register, otherwise it remains. When paid in full after the first month it will be marked as satisfied, but remains public for 6 years.
CRAs obtain details from the registry

[des8]

Re: Live in Britain and received a court claim from Northern Ireland

That means the CCJ is issued and recorded on the register, but cannot be enforced unless you default on the instalments.

[Darren Smith]

Re: Live in Britain and received a court claim from Northern Ireland

Oh poo !

- - - Updated - - -

Does enforced not mean being registered against you