CCJ Threat

[WelshAsh]

Hello all,

First time posting so take it easy on me

 

Last year I became self employed, and promptly had a deluge of marketing calls offering me advertising opportunities

- I researched them and it quickly became apparent that they were all a con (spaces in magazines by the police/fire service etc which would never actually be printed etc).

 

I had one call from a company representing a local theatre (actually on the same street as I live),

offering a small ad in the theatres ticket envelope which is given every time tickets are booked in advance (either in person or by post).

 

The cost for this was 3 payments of £93.60, taken over a six month period.

 

After four months (of having NO customers saying they had seen my ad, although that is irrelevant),

 

I ordered some tickets online for a show from the theatre myself, the tickets arrived - lo and behold no ticket envelope was included.

 

I was a bit miffed that as a small business (sole trader) I was paying this money, and it was obviously being wasted.

 

I cancelled my direct debit (leaving one payment outstanding), and when they contacted me,

I explained the situation and that I felt aggrieved etc etc, they called the theatre who explained that the reason no envelope had been distributed was that they had run out.

 

I told the lady in the advertising company (a 3rd party) that I was not going to make the final payment until I had purchased another batch of tickets,

and seen if the envelope came with them.

 

I waited a few months, went into the theatre bought some tickets - no envelope again!

 

I called the comany again, told them, and they called the theatre asst. manager (who had given me the tickets),

and he said he had completely 'forgotten' on this occasion to give me the envelope.

 

I said there is no way I am giving them the final payment, in fact I would consider claiming the payments I made back from them as they had breached their part of the contract.

 

Now I have received a letter from "Credit recovery dept" dated 5th July, giving 'formal notice of legal proceedings to be issued on 12th July in Blackpool County Court'.

This letter gives 'potential legal costs', and says that proceedings will commence on 12th July.

 

Am I right in thinking that this is a sham letter from them?

 

There was no other forms included (as I would like to dispute the claim if it does go to court), and they've only given 7 days from the day the letter was sent.

 

Also, if it does go to court, am I within my rights to request it be held at MY local court (I am in South Wales) as I am a sole trader, not a ltd company?

 

Apologies for the long post, appreciate any help and advice.

 

Thank you.

[ims21]

Thread moved to relevant forum.

 

The guys will be happy to advise as soon as they are available

[Sidewinder]

It may be a sham - it may not, but since they mention legal proceedings IMO you should respond, in writing, requesting full details of why they feel that you owe the money, and that in the event of the litigation that they threaten, you will not only vigorously defend the action but will make a significant counterclaim for the clear breach of contract which occurred plus all associated costs and damages.