court claim asking for amount plus 'costs'? **Claim Discontinued**

[Buel10]

Hi Andy, 'Panic-ey Buel' here.

 

Please can I verify whether my deadline is tomorrow night....or just tomorrow, which would mean that tonight is my last chance?

 

Sorry to be a pain...

[Andyorch]

Its tomorrow by 400pm

[Buel10]

Damn.....Im going to be at work and unable to post it online, I'll only have my phone. If it helps, Im up at 5am so will have to make time then?

Sorry for this...

[Andyorch]

Well I did warn 3 days ago it would be Monday...and Im not getting up at 5am:-)

[Buel10]

Well I did warn 3 days ago it would be Monday...and Im not getting up at 5am:-)

 

Gosh no, Im not asking you to get up early, I was hoping maybe that you would have a rough copy or something. Yes I seen you posted about Monday, I just assumed that it was Monday at 12am, or 11.59am.

 

No problem, I will sort this out - I will come home early from work. I wouldn't do this for many people but this friend is one of the nicest people I know and doesn't deserve this claim.

Rightio, I shall check tomorrow, thank you, Andy. I do mean that!

[Andyorch]

I can have it ready for lunchtime ........Will do it first thing in the morning...are the particulars on the thread?

 

Yes they are post#2

[Buel10]

Hi Andy. Im beginning to panic a little now, I can't seem to log in to MCOL as my details are not working, I'm missing a digit off the Court ID I think.

 

Basically, will I be able to take my defence form to work, write/copy what you post on here, and then scan it and attach it to an email and then send it MCOL?

Oh and will my friend have to fill in the Income, Expenses etc form too?

 

Sorry for this but I am trying...

[Andyorch]

Yes you can email it to CCBC using the defendants email address......not sure what you mean about your friend having to fill in the Income/Expenses/Etc form?

[Buel10]

PHEW!!!!

Ah, I got confused and see that those expenses forms, etc are for Admission.

 

Thanks Andy, speak tomorrow. Thank you so much for all this!!

[Buel10]

PHEW!!!!

Ah, I got confused and see that those expenses forms, etc are for Admission.

 

Thanks Andy, speak tomorrow. Thank you so much for all this!!

 

Good morning Andy.

Just a quick question, if I may?

Under the 'Defence and counterclaim' part of the forms, it has the options of 'I dispute the full amount claimed as shown on the claim form' and 'I admit the amount of'.

Being as my friend has paid the amount he owed but not the 'charges' added, will I tick the 'I admit the amount of'?

[Andyorch]

Buel we are not using any of the response forms from the court ...so file them away safely.You are using MCOL...you have already acknowledged on MCOL you will be submitting your defences shortly through MCOL (by Email).

[Andyorch]

Particulars of Claim: (Do not send with the email)

 

1.We manufactured and supplied timber frame panels and roof trusses to XXXXXXXXXXXXX on 8th September 2014 on behalf of the defendants who had ordered these from us.

 

2.Our invoice XXXXXXXXX for the balance of £4874.22 remains outstanding - this invoice should have been paid on delivery.

 

3. Despite numerous requests for payment nothing has been forthcoming. Neither party are responding to voicemails, letters or emails.

We are not aware of any reason why this has not been paid.

 

4. interest is now payable at a rate of 5% per month as per our conditions of Business/Sale which currently equates to £20.31

 

Defence in response to claim Number xxxxxxxx

 

Paragraph 1 is admitted.It is admitted that I did order the above supplies on date 4th July 2014.I paid the deposit of 20% being £xxxxxxx The delivery date was 2nd/10th September 2014 nine weeks after order.

 

Paragraph 2 is denied in the fact that the balance was to be paid on delivery...the driver did not supply any balance invoice nor was the delivery complete.The was a further delivery on the 10th September 2014.

 

Paragraph 3 is denied no invoice had been sent by post or with the driver. I had previously requested the invoice to make payment of the balance on the 12th September 2014 and again on the 1st October 2014 with no response.

 

Paragraph 4 is denied.The claimant issued this claim dated 2nd October 2014.I had repeatedly requested the invoice previously the claimant did not issue any letter before action or query why payment had not been made.

 

Payment of the balance £xxxxxx of the original order as per the agreement was paid on the 10th October 2014 by cheque sent recorded delivery.It is requested that the court dismiss their claim for the balance of court fees and interest on the grounds that it was issued prematurely and down to bad service and accounting errors.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to anything further.

 

 

Okay copy and paste the above into your email with the claim number /claimant /defendants name in the address bar and submit to:-

 

ccbcdefendants@hmcts.gsi.gov.uk

 

You will get an automated response of its receipt.

 

Best of luck

 

Regards

 

Andy

[Buel10]

Particulars of Claim: (Do not send with the email)

 

1.We manufactured and supplied timber frame panels and roof trusses to XXXXXXXXXXXXX on 8th September 2014 on behalf of the defendants who had ordered these from us.

 

2.Our invoice XXXXXXXXX for the balance of £4874.22 remains outstanding - this invoice should have been paid on delivery.

 

3. Despite numerous requests for payment nothing has been forthcoming. Neither party are responding to voicemails, letters or emails.

We are not aware of any reason why this has not been paid.

 

4. interest is now payable at a rate of 5% per month as per our conditions of Business/Sale which currently equates to £20.31

 

 

Defence in response to claim Number xxxxxxxx

 

Paragraph 1 is admitted.It is admitted that I did order the above supplies on date 4th July 2014.I paid the deposit of 20% being £xxxxxxx The delivery date was 2nd/10th September 2014 nine weeks after order.

 

Paragraph 2 is denied in the fact that the balance was to be paid on delivery...the driver did not supply any balance invoice nor was the delivery complete.The was a further delivery on the 10th September 2014.

 

Paragraph 3 is denied no invoice had been sent by post or with the driver. I had previously requested the invoice to make payment of the balance on the 12th September 2014 and again on the 1st October 2014 with no response.

 

Paragraph 4 is denied.The claimant issued this claim dated 2nd October 2014.I had repeatedly requested the invoice previously the claimant did not issue any letter before action or query why payment had not been made.

 

Payment of the balance £xxxxxx of the original order as per the agreement was paid on the 10th October 2014 by cheque sent recorded delivery.It is requested that the court dismiss their claim for the balance of court fees and interest on the grounds that it was issued prematurely and down to bad service and accounting errors.

 

By reasons of the facts and matters set out above, it is denied that the Claimant is entitled to anything further.

 

 

Okay copy and paste the above into your email with the claim number /claimant /defendants name in the address bar and submit to:-

 

ccbcdefendants@hmcts.gsi. gov.uk

 

You will get an automated response of its receipt.

 

Best of luck

 

Regards

 

Andy

 

 

 

 

 

Jesus, Andy!!! That looks absolutely amazing!!!!

So it's ok to copy and paste that in to an email for both defendants? And i just use the different claim numbers/addresses for each defendant, ie - send two separate emails?

[Andyorch]

Yes ....two claim numbers to emails

[Buel10]

Yes ....two claim numbers to emails

 

Andy, PLEASE don't get angry at me. I've just read it again and re-read the info I had posted and I was very suspicious about the actual date of the second delivery being 2nd October. I have just spent the last 10 minutes going through my old texts to see that my friend had actually wrote 'I've just checked my diary and the second set of trusses were actually delivered on Wednesday 10th October'. Well obviously this isn't correct so I checked my calendar and see that the 10th of September was actually a Wednesday so I suspect this is when he actually meant. I am seeing him in 15 minutes to iron this out once and for all.

 

I am VERY, very sorry for this, Andy!!

[Andyorch]

Defences amended to reflect the addition information.Need conformation on the second delivery Sep or Oct?

[Buel10]

Andy, PLEASE don't get angry at me. I've just read it again and re-read the info I had posted and I was very suspicious about the actual date of the second delivery being 2nd October. I have just spent the last 10 minutes going through my old texts to see that my friend had actually wrote 'I've just checked my diary and the second set of trusses were actually delivered on Wednesday 10th October'. Well obviously this isn't correct so I checked my calendar and see that the 10th of September was actually a Wednesday so I suspect this is when he actually meant. I am seeing him in 15 minutes to iron this out once and for all.

 

I am VERY, very sorry for this, Andy!!

 

Second delivery confirmed as 10th September.

Andy, I cannot put in to words how sorry (and scared) I am about this.

 

Second delivery confirmed as 10th September.

Andy, I cannot put in to words how sorry (and scared) I am about this.

 

You might find this hard to believe but I really am not this incompetent normally. I am very ashamed for putting you to this trouble.

[Andyorch]

Defence amended ready to go:wink:

[Buel10]

Defence amended ready to go:wink:

 

Absolutely brilliant!! Thank you so much (again).

 

Regarding the other defendant (the builder who has played little or no part in this), I send the same (edited) version for him, even though it wasn't he who paid the deposit, remaining amount or even received the items?

[Andyorch]

You will have to edit it slightly and de personalise it for the builder.

[Buel10]

You will have to edit it slightly and de personalise it for the builder.

 

Okay. Will do. I've just noticed that both claim forms (one to my friend and one to his builder) have the same claim number.

 

Please can I ask what happens now? How will we find out what the claimant decides to do next? What would you guess that they do.....

[Andyorch]

Then use the same claim number on each email but different defendants obviously.

 

Have you had your auto response of receipt yet.?

[Buel10]

Then use the same claim number on each email but different defendants obviously.

 

Have you had your auto response of receipt yet.?

 

No problem. Yes I received the auto response email.

[Andyorch]

And your friends Builder also?

[Buel10]

And your friends Builder also?

 

I certainly did. I had to use the same email address but obviously changed the relevant details. Quite a weight off my mind now. Phew!! Thank you Andy.

 

What happens next, please?