Can you help with CCJ defense?

[zosaphine]

Hello

 

My friend has just received a CCJ claim form and I thought i'd post the details on here, to see if someone can assist with her defense.

 

Firstly, she is a Director of a small Ltd company (2 people, I am the wife of her then Business Partner)

She was working for a Client, who needed some copy-writing doing for the project she was assisting them with, so she contacted someone who had been recommended to her. No contract between them was signed.

 

When Mr X sent her the copywriting, she passed to her Client, who did not like it and indeed did not use this. As soon as she was advised this, Mr X was informed by her business partner. The Terms of Business listed on the copywriters website were: "We will only raise an invoice if the work is suitable, or if you go all quiet on us (usually 30 days)"...

 

Her business partner was therefore very surprised when he received an invoice for £90 for the unsuitable copywriting.

 

Numerous emails went back and forth in which the copywriter had sought legal advise and would be taking adverts out in the press stating the Directors as non-payers etc, and he would not desist in claiming this invoice. It got to the point where he was sending letters to the business partner (my husband) at our home address.

 

The letters gradually became more threatening, saying it was now a point of principle that he felt entitled to the money, and he would do all the necessary he could think of to get paid including sending heavies round to to the Directors homes. He even stated even if he was paid he would still send people round to our house 'to teach a lesson'.

 

My Husband is no longer listed as a Director of the Company. He issued a letter back to the Copywriter stating as he would not stop writing to his home address, emailing and threatening him personally he would report it to the Police as harassment. That it was against a Company and not an individual.

 

He then started the same tactic with my friend at her home address. At this point she was 8.5 mths pregnant with Twins (he knew she was pregnant). He sent her this following letter to her home address, again addressed to her personally not the Company:

 

Dear Mrs XXX

 

May i call you xx? I feel like i've come to know you in the six months i've been trying to collect your outstanding debt. (You little [problem]p, you). Your whereabouts have been laundered more thoroughly than a hospital bedsheet.)

 

Anyway - please find attached a bill for the original amount, and the cost of tracing you and hiring a firm of bailiffs. (They're visiting your home starting this September*.)

 

I'm in two minds if I want the money, of for xxxxx Ltd to go kaput so I can take control of your website and post amusing messages on it**. Or take you to court however things play out. Any of these options would be a hoot.

 

What else? Um, for legal reasons: 'CCJ's are bad and may cause your problems in the future"... er "You only have 1 week to pay'*** ... 'Deal witht hr debt collectors after this'... 'Sad that you've ignored all my requests to pay'. yadda yadda yadda. Sure you've had it all before.

 

So! You're in my sat nav now! Yay, we can meet! And you've got some ace new debt collectors to encounter in the near future. (Don't worry, they're court licensed, not nutters pumped up on testosterone, Although they're still ghastly.)

 

Really sincerely

Mr X

* It would just ruin the fun if i told you which days

** My Solicitor says that you may choose to pay, which would unfairly scupper this bit of schadenfeude

*** To be honest, i've already contracted and paid for your doorstepping. Shame to waste it by having you cough up

 

 

 

She sent him the same harassment letter as my Husband. She also actually reported him to her local Police station for harassment. She has a crime number for this.

 

A couple of weeks later, she gets a letter form a Doorstep collection Agency & Bailiff firm. She sends them a letter outlining the money he is attempting to Claim is for a Company 'alleged debt' and not a personal one & that they are not corresponding with the business at the business address. She also advises them she has reported this gentleman to the police.

 

2 days later - My Husband receives a letter at home form the Collections Agency - addressed to the Copywriter! (they have the same first name). They enclose a copy of my Friends letter to them, saying as she has involved the Police they will take no further action until it is no longer a Criminal Matter.

 

Today - 3 weeks later (and now the Mum of twins), she receives a CCJ Claim from from him (Northampton County Court)- again not addressed to the Company, but her personally at her home address.

 

he is claiming the original £90 - which by his own Terms of Business at the time (and subsequently taken off his website interestingly enough!) he should not have raised, and a further amount of £160 to pay for tracing, collection and sundry expenses incurred locating her.

 

She clearly wants to defend this. It's a debt owed by her Company at a different address, not her personally.

 

They guy shouldnt have raised the initial invoice as it was against his own terms of Business. A trace on Companies House clearly shows her as a Director of the Company & lists her details.. so I have no idea where he has got the tracing fee's from amounting to £160!

 

He is a nutter!

 

Please can anyone help in the wording of her response on the Court form? (I know what she would like to put!!)

 

THANK YOU

[zosaphine]

Hi Dbabylon

 

Thanks for your reply.

 

Particulars of claim are: (apologies, not got scanner here):

 

"The defendant is the sole Director and employee of a company that contracted me for copywriting services, to the value of £90 more than 6 months ago.

She, and the company, dishonestly refuse to pay me for work delivered to specification. There is much clear, written evidence showing her obligation to pay me. Due to her attempts to hide from the debt over more than six months, i have also claimed an additional £160.00 to cover tracing, collection and sundry expenses incurred in locating her."

 

To be honest, she will not pay because he knew the work wasnt being used. His own Terms of Business stated he wouldn't raise invoices for unsatisfactory work. His subsequent threats that he would continue to harass her/send people around even if she did pay.. plus, he sent her the invoice again - amending it to add the £160 on - which is when she wrote the harassment letter to him.

 

So even if she sent him the £90, he'd see her as giving in and pursue the £160 he now wants from her also!

 

 

They did not sign a contract to engage services - so dont know what a CPR 31.14 would do to assist.

Also, nowhere did he show collection costs on his site.

 

The 'much clear evidence showing her obligation to pay him' is the invoices and his continual letters threatening all sorts of things.

 

If she sent copies of all hisletters, and her responses (i.e harassment letter & Crime number ), would the Judge see this & take into consideration?

 

If she were to raise a counter-claim, would this cost her (being on maternity leave her funds are very tight as she is not working) and what would she have to say for this type of counter claim? And what could she claim?

 

Thanks

Zosaphine

Edited September 28, 2011 by zosaphine
i forgot to add bits of information - d'oh!

[consumeredge]

Hi zosaphine

 

As a Limited company the companies Registered Address is the address to which the "Claimant" should have sent any legal correspondance.

 

Has either the Buisness Trading Address or your friend's home address changed in the last 12 months?

 

Have you copies of all the emails?

 

This matter needs to be urgently brought to the police's attention again, the claimant's letters/emails amount to malicious communication which is a criminal offence.

 

Physical violence has been threathened against people - "The letters gradually became more threatening, saying it was now a point of principle that he felt entitled to the money, and he would do all the necessary he could think of to get paid including sending heavies round to to the Directors homes. He even stated even if he was paid he would still send people round to our house 'to teach a lesson'.

 

 

The claimants claim of £160 for tracking and tracing is a none starter if he has been regularly emailing and sending threatening letters to your husband and your friend's home address.

 

The dispute centres on the poor quality of the supplied goods/service from Mr X, a useful witness would be the client who your friend sent the material to for their approval, a witness statement to that effect from your friends client detailing the poor quality was below the expected standard and could not be used for the purpose intended.

 

I'll check this thread out again tomorrow night, in the meantime inform the police of events.

 

I would think any judge would stay this claim pending the outcome of the police investigation, then strike out as being an abuse of process.

[zosaphine]

Hi zosaphine

 

As a Limited company the companies Registered Address is the address to which the "Claimant" should have sent any legal correspondance.

 

Has either the Buisness Trading Address or your friend's home address changed in the last 12 months?

 

Have you copies of all the emails?

 

This matter needs to be urgently brought to the police's attention again, the claimant's letters/emails amount to malicious communication which is a criminal offence.

 

Physical violence has been threathened against people - "The letters gradually became more threatening, saying it was now a point of principle that he felt entitled to the money, and he would do all the necessary he could think of to get paid including sending heavies round to to the Directors homes. He even stated even if he was paid he would still send people round to our house 'to teach a lesson'.

 

 

The claimants claim of £160 for tracking and tracing is a none starter if he has been regularly emailing and sending threatening letters to your husband and your friend's home address.

 

The dispute centres on the poor quality of the supplied goods/service from Mr X, a useful witness would be the client who your friend sent the material to for their approval, a witness statement to that effect from your friends client detailing the poor quality was below the expected standard and could not be used for the purpose intended.

 

I'll check this thread out again tomorrow night, in the meantime inform the police of events.

 

I would think any judge would stay this claim pending the outcome of the police investigation, then strike out as being an abuse of process.

 

Hello, she had the business registered address as her Accountants address. She has recently leased a small office for herself to use, but hasnt changed the registered address held at Companies house.

 

Yes we have copies of all emails & letters sent to our home & her home addresses.

 

I will today advise her to contact the Police again as 'Malicious Communication'.

 

Interestingly, the work she needed the Copywriting for was a firm of Solicitors! (although they practice technology Law). They certainly would be happy to provide a letter confirming their reasons for not using the copywriting.

 

Any further advice would be appreciated as to how she responds with her wording on the court Papers.

Thank you again.

[consumeredge]

Hi zosaphine

 

I'll draft the outline for your friends defence and post it up tomorrow late afternoon.

 

Kind regards

 

Clive

[consumeredge]

Hi zosaphine

 

Couple of questions

 

Has your friend reported to the police again the ongoing threats? if so what do the police intend to do

Can you remember the date your friend asked him to do the copywriting and the date he sent it to your friend?

What was the date of the first invoice to your husband?

What was the date on the invoice to your friend?

Did the " copywriter" then send any statements?

Did the "copywriter" send a notice of impending legal action?

[consumeredge]

MALICIOUS COMMUNICATIONS OFFENCES

 

Malicious Communications Act 1988 section 1

(This is the wording of this section as amended by Section 43 Criminal Justice and Police Act 2001. It applies to offences committed from the 11th May 2001 onwards)

 

(1) Any person who sends to another person

 

 

(a) A letter, electronic communication or article of any description which conveys

 

(i) A message which is indecent or grossly offensive

 

 

(ii) A threat or

 

(iii) Information which is false and known or believed to be false by the sender or

 

 

(b) any article or electronic communication which is, in whole or part, of an indecent or grossly offensive nature, is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient or to any other person to whom he intends that it or its contents or nature should be communicated.

 

(2) A person is not guilty of an offence by virtue of subsection (1)(a)(ii) above if he shows

 

(a) That the threat was used to reinforce a demand made by him on reasonable grounds and

 

 

(b) That he believed, and had reasonable grounds for believing, that the use of the threat was a proper means of reinforcing the demand.

 

(2A) In this section 'electronic communication' includes _

 

(a) Any oral or other communication by means of a telecommunication system(within the meaning of the Telecommunications Act 1984 (c12)); and

 

 

(b) Any communication (however sent) that is in electronic form.

 

(3) In this section references to sending include references to delivering or transmitting and to causing to be sent, delivered or transmitted and 'sender' shall be construed accordingly.

 

(4) A person guilty of an offence under this section shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both.