N1 Northampton CC claim

[goneforalongwalk]

A friend called the other day asking for advice re. an old debt which has come back to haunt him - I'm not sure, so wanted to ask here for any advice.

 

He has received an N1 claim form from Northampton County Court.

Date of Service is 2x July 2013

The claim is for just over £4,000 and is for 2 outstanding invoices.

 

The POC state:

 

"The debt relates to non-payment of the following invoices. Please note that these invoices are inclusive of VAT and the oldest one (dated xx August 2007) has been paid in part.

 

Invoice Number: xxx

Invoice Date: xx.08.07

Due Date: xx.09.07

Outstanding: 21xx days

Invoice Total: £82x.xx

Interest Due: £38x.xx

 

Invoice Number: xxx

Invoice Date: xx.12.07

Due Date: xx.01.08

Outstanding: 20xx days

Invoice Total: £1,7xx.xx

Interest Due: £78x.xx

 

Despite numerous requests by the claimant, the Defendant has failed to settle the invoices.

Further, the claimant claims interest persuant to s69 of the County Courts Act1984 at a rate of 8% per annum, from the date each invoice fell due up to and including xxJuly 2013 of £1,1xx.xx and also interest at the same rate up to the date ofJudgement or earlier payment at a daily rate of £0.5x.

 

Further again, the Claimant has also claimed for the cost of instructing a tracing agent to trace the Defendant, who lefthis previous address owing the Claimant for these invoices without notification of his move or re-directing his mail.

 

Outstanding invoice total: £2,5xx.xx

Interest to date: £ 1,1xx.xx

Tracing agents fees: £1xx.xx "

 

 

On top of that, the front page of the claim form states an added amount of:

1/ £120 court fee

2/ £80 Solicitor's costs

 

He doesn't dispute the 2 outstanding amounts for work done (architect/planner), but cannot afford the amount which is now being claimed. Can anybody advise on the best way to settle the claim in the fairest but affordable way, and the steps needed to put that agreement in place before time runs out?

 

Thanks.

[ploddertom]

Who's making the claim - the people he owes or someone else?

[goneforalongwalk]

Who's making the claim - the people he owes or someone else?[/quote'

 

Thanks - it's a solicitor who's been instructed by the claimant.

[AndyOrch]

If the claim was issued 2nd July he has 33 days in total to respond (subject to how he intends to plea) 5 deemed served so 28 ...14 to Acknowledge Service and if defending another 14 to submit his defence.

 

So he should have acknowledged service using MCOL on the 21st July?

 

Regards

 

Andy

[goneforalongwalk]

Thanks - date of service was 22 July - I wanted to keep the post as anonymous as possible to protect his privacy, but understand that the date of service is important regarding the time frame.

[AndyOrch]

Ok 22nd July...so AoS is due Friday 9/8....so apart from admit it and propose a payment plan and get a CCJ...the alternative is to defend but you don't state possible grounds.He can contact the Sol directly and try to thrash out an agreement on the understanding they withdraw the claim....but he must still AoS on time.

 

Regards

 

Andy

[goneforalongwalk]

Thanks Andy - I met him this morning, and he accepts that he doesn't have a defence. He suggested just asking to pay the outstanding invoices on an agreed monthly repayment plan, but I guess if he wants to be fair, the claimant should be entitled to some interest compensation (although 8% is very high - i would like to know where you can get that interest rate, I'd deposit my money there in a shot!).

I think the suggestion of contacting the acting solicitor directly is the best bet, and offering to pay just the 2 outstanding invoices. Can the AoS still be extended to 28 days if he goes down the route of negotiating directly with claimant's solicitor and not defending the claim?

 

Thanks again.

[AndyOrch]

The AoS cant be extended under any circumstances only the defence due date. Acknowledging the claim does not affect any negotiation it just stops them from attaining a default judgment.

[goneforalongwalk]

Thanks Andy - With the AoS form, it's asks for the appropiate box to be ticked:

 

1. I intend to defend all of the claim

2. I intend to defend part of this claim

3. I intend to contest jurisdiction

 

My friend would like to acknowledge service and extend to 28 days, but is not sure yet if he will accept all of the claim or defend part of it. He would like time to contact the claimant's solicitor as you suggested, to negotiate an amount and an affordable monthly repayment plan - can the 3 boxes just be left unticked? I also looked on the MCOL website and it asks for a defence pack password - I have that pack in front of me, and can't see it for the life of me..any help there would be appreciated too!

 

Thanks again.

[AndyOrch]

Defend all this will allow the maximum time whilst he negotiates with the claimant.....subject to the outcome of negotiations then the plea can be amended.

[goneforalongwalk]

Thanks Andy, that makes perfect sense - AoS was sent off 1st class recorded delivery today, with the 'I intend to defend all of the claim' box ticked. As I'm helping him, I was going to to it online (MCOL), but it kept asking for a defence pack password - does anybody know where I can find this password, and if I can do an AoS online too, to cover him due to the potential loss of post?

 

Thanks again.