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

[Buel10]

Yes but futile and shows desperation...and its adding to your and their costs...just let it proceed

 

No problem. I understand. The Notice of Allocation says that my friend needs to deliver copies of all documents on which he intends to rely on at the hearing no later than 16th February. Is there anything else other than the recorded delivery letters sent and received that we need to copy and send?

 

Please forgive my naivity but would the following help:.

A statement from my friend's neighbour that he too has mail meant for him go missing/misdelivered?(The claimant claims to have sent an invoice earlier than the one my friend received)

 

A record of the amount of mail that is classed as mis-delivered/non-delivered from Royal Mail.

 

Any statemenrs from other companies stating that they would not have jumped to MCOL after such a small period between the dates of when the claimant claims to have sent an invoice and when the actual outstanding amount was paid.

 

Statements from other customers of the claimant who say that the delivery driver did not ask for payment on delivery, such as happened to my friend.

 

These are just ideas.

[Andyorch]

I would just disclose anything that is relevant to the claim from him the defendant/builder...you cant rely on others without permission.

 

Emails...invoices...conformation of orders.......T&Cs of business...look at the end of the day for the amount remaining and outstanding and the actions of the claimant to proceed for that amount will be obvious to the court that their action in proceeding are frivolous if not vexatious

[Buel10]

I would just disclose anything that is relevant to the claim from him the defendant/builder...you cant rely on others without permission.

 

for the amount remaining and outstanding and the actions of the claimant to proceed for that amount will be obvious to the court that their action in proceeding are frivolous if not vexatious

 

I hope so Andy. So there is nothing I/we need to add to make this point clear?

[Andyorch]

No you stand by the defence..the goods have been paid for...if they wish to proceed for the the interest and court claim costs...then that is their prerogative...not sure how a court would view it...I would like to assume any decent Judge would throw it out.

[Buel10]

No you stand by the defence..the goods have been paid for...if they wish to proceed for the the interest and court claim costs...then that is their prerogative...not sure how a court would view it...I would like to assume any decent Judge would throw it out.

 

Thank you for the advice Andy. It is very much appreciated, you know!

[Buel10]

Thank you for the advice Andy. It is very much appreciated, you know!

 

Hi Andy,

Sorry to bother you. My friend's co-defendant (who really has never played any part in this other than simply being the builder of choice and happened to be there when the driver dropped the goods off) really does not want to attend the hearing. Being as it is my friend who placed the order, paid the deposit and paid the balance (minus the added fees), do you advise that his co-defendant has to attend?

[Andyorch]

Well the claim was issued to both and as such both are regarded as defendants...I would advise he does attend and both stand by their defences....I doubt it will last more than 30 mins.

[Buel10]

Hi Andy.

 

Sorry to bother you, I just needed to clear something up, if that's okay.

I need to send copies of documents to the claimant and the court by 16 February. I will copy and send all letters and invoices received from the claimant and all letters sent to the claimant, plus receipts of recorded delivery.

I have just put all the details in a timeline for me to understand things better, the timeline is:

 

2014

 

July 4: Ordered goods and paid 20% (£1218.56).

 

September 2: Part order (Frame) delivered.

September 8: Claimant claims goods were delieverd.

September 10: Completed goods/order actually arrived (Driver did not ask for payment nor provide invoice).

September 12: Sent letter to claimant requesting invoice (Recorded delivery).

 

October 1: Sent second letter to claimant requesting invoice (Recorded delivery).

October 2: Claimant issued claim.

October 4: Received letter from claimant with two invoices, both with same date but one with amount outstanding and other with amount outstanding plus interest and court fees.

October 9: Cheque sent for amount outstanding minus interest and court fees.

October 10: Cheque cashed.

 

Three questions:

 

1. Can I include this timeline, to make things clearer?

 

2. My friend has just forwarded me an email that the claimant sent on September 22 to his nephew (the other defendant) and it is titled '7 day email before action'. Does this change things as my friend maintained all through this that he hadn't received a LBA (which is true), does the fact that they sent this email, albeit to the wrong person, help their case?

 

3. Is there anything else I need to copy and send other than letters receieved, letters sent, proof of letters sent and possibly this email?

 

PS - This is the company who sent the email:

//www.top-service.co.uk/?ppce=ZT1Hb29nbGUmbj1nb29nbGUgY2xpY2sgMQ%3D%3D&gclid=Cj0KEQiA3bymBRC19IrD7O_NrYsBEiQAb2dpA92oOhrZnRKbfkBxnfHIw5kLWXzeIDVi9WPqaheCpvEaAvMf8P8HAQ

[Andyorch]

Three questions:

 

1. Can I include this timeline, to make things clearer? Yes

 

2. My friend has just forwarded me an email that the claimant sent on September 22 to his nephew (the other defendant) and it is titled '7 day email before action'. Does this change things as my friend maintained all through this that he hadn't received a lbaicon (which is true), does the fact that they sent this email, albeit to the wrong person, help their case? Not particularly...LBA should be by post to the person in debt

 

3. Is there anything else I need to copy and send other than letters received, letters sent, proof of letters sent and possibly this email? Lose the email as it wasn't sent to defendant A if defendant B wishes to include it....but he isn't the debtor...nor should be a defendant..that's his choice

 

Regards

 

Andy

[Buel10]

Three questions:

 

1. Can I include this timeline, to make things clearer? Yes

 

2. My friend has just forwarded me an email that the claimant sent on September 22 to his nephew (the other defendant) and it is titled '7 day email before action'. Does this change things as my friend maintained all through this that he hadn't received a lbaicon (which is true), does the fact that they sent this email, albeit to the wrong person, help their case? Not particularly...LBA should be by post to the person in debt

 

3. Is there anything else I need to copy and send other than letters received, letters sent, proof of letters sent and possibly this email? Lose the email as it wasn't sent to defendant A if defendant B wishes to include it....but he isn't the debtor...nor should be a defendant..that's his choice

 

Regards

 

Andy

 

Thank you again Andy. I'll keep it simple. I really AM sorry for asking you questions but I've never done this before.

 

I need to know if my friend's nephew (co-defendant) also needs to send copies of all these things to the claimant and the court, aswell as my friend?

[Andyorch]

" I need to know if my friend's nephew (co-defendant) also needs to send copies of all these things to the claimant and the court, as well as my friend?"

 

Only if he has anything to disclose to supplement his defence...have they both been directed to submit witness statements?

[Buel10]

" I need to know if my friend's nephew (co-defendant) also needs to send copies of all these things to the claimant and the court, as well as my friend?"

 

Only if he has anything to disclose to supplement his defence...have they both been directed to submit witness statements?

 

Thanks Andy. No they haven't, all it said was that they need to send the claimant and the court copies of any documents that they will rely on in court and this is to be done by February 16th. I think?

[Andyorch]

Check the Notice of Allocation.....make sure.

[Buel10]

http://i199.photobucket.com/albums/aa214/craigten/NOTICE%20OF%20ALLOCATION.jpg

 

 

Hope this shows?

[Andyorch]

No requirement for defendant witness statements...that's fine:-)

[Buel10]

No requirement for defendant witness statements...that's fine:-)

 

Whilst I'm glad that I haven't missed anything, I am a bit disappointed that the judge won't get to hear the relevant bits from my friend, such as how it was his address who the delivery was meant for, he went in and paid the deposit, he is the one who asked twice for the invoice so he could pay the balance and yet they chased after his nephew who was just the builder. Will he not get a chance to give these examples?

[Andyorch]

He will get to hear ...the defendant (s) will be expected to give oral evidence on the events of the dispute.

[Buel10]

Hi Andy,

Just a quick one, if that's okay:

I'm just about to send the documents off to the claimant and the court but I see that in the defence I sent to HMCTS by email, I had stated:

Paragraph 3 is denied no invoice had been sent by post or with the driver. Gareth Pritchard 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.

 

Upon checking the recorded delivery records I see that those are the dates what my friend wrote the letters, the actual dates of postage are 13th September and 2nd October.

Shall I mention this, please? Also, shall I print off the whole defence statement that you wrote for me and bundle it with all the copies?

 

[Andyorch]

Hi Andy,

Just a quick one, if that's okay:

I'm just about to send the documents off to the claimant and the court but I see that in the defence I sent to HMCTS by email, I had stated:

Paragraph 3 is denied no invoice had been sent by post or with the driver. Gareth Pritchard 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.

 

Upon checking the recorded delivery records I see that those are the dates what my friend wrote the letters, the actual dates of postage are 13th September and 2nd October.

Shall I mention this, please? Irrelevant Also, shall I print off the whole defence statement that you wrote for me and bundle it with all the copies?

 

No they already have it from when you submitted it

 

 

Regards

 

Andy

[Buel10]

Thanks Andy, that's brilliant!

[Buel10]

Good morning Andy, I hope all is well.

My friend (with help from me, and you, of course) sent the relevant documents to the claimant and the court by recorded delivery on Friday (yesterday was the deadline) and yesterday I rang the court to find out if they had received the claimant's documents as my friend has not. The court verified that they have not and that the court would take a very dim view of this when it comes to court.

 

Please can I ask is this another one of those occasions where they will perhaps be given extra time? Is there anything that myb friend needs to do?

[Andyorch]

I would allow a few days grace...if they still fail to disclose then ask the court to consider sanctions or an " or else order "

[Buel10]

Hi Andy,

 

Just rang the court and the docs haven't arrived today either. I asked if I was able to make a request for it to be struck out being as they were over a week late with their fee and now they haven't sent the docs, and they said to either put it in writing or by email, and gave the email address.

 

Please can I ask what you think, or how it should be phrased?

[Andyorch]

What date has been set for the trial ?

[Buel10]

Hello. 11th March