N1 Claim received from PLC

[up_to_my_eyes_in_it]

have had an on going dispute with a private Ltd company. They say I owe them money ( and I do) but not as much as they say.

 

 

They have now issued a summons against me but the claimant is the personal name director of the company ( not in the company name). The invoices sent to me about the dispute are in the LTD company name.

 

 

Can I dispute this claim on the basis that I do not owe Mr Smith any money, if anyone it is the Ltd company?

 

 

The claim is for £8K and in the POC they have put " claims interest under S69 f the County Courts Act 1984 at the rate of 8% per year from 15/4/2014 to 14/11/2014 ( the date of issue) at a daily rate of £487.42 !!!!!

Edited December 1, 2014 by up_to_my_eyes_in_it

[BankFodder]

How much do you owe the company?

You can see now that they are prepared to sue you and that even if interest is calculated at the correct rate. Additionally there will be claim costs.

 

If you admit some of the money, then the best thing to do is to take an opportunity provided by their error to pay the company what you say you owe immediately and to defend the claim that the director has made in his personal capacity.

Even if they still disagree with you on the amount of money that you have paid, at least it will reduce the amount of money that they will try to claim and also it will show everybody that you are willing and acting in good faith.

 

It is always a good idea to reduce the value of the dispute to the actual amount in dispute. If they eventually see you in their company capacity and you admit some of the money, then at the very least they will get a judgement against you for that and also the claim fee and the interest

You might consider using the following defence if you consider that it suits your situation and that it is true

 

 

1. The claim is denied
   
2. the defendant has never been involved in any contract with the claimant and has no knowledge of any agreement with the claimant or of the alleged debt
   
3. Furthermore the level of interest claimed by the claimant is extortionate and is not a level of interest which is permitted by section 69 of the County Courts act or by any other legislation or rule.
   

[up_to_my_eyes_in_it]

About £2k I think, but I need further info from them to work it out

[up_to_my_eyes_in_it]

Thank you

[Andyorch]

The claim is for £8K and in the POCicon they have put " claims interesticon under S69 f the County Courts Act 1984 at the rate of 8% per year from 15/4/2014 to 14/11/2014 ( the date of issue) at a daily rate of £487.42 !!!!!

 

I think that is the total for the period claimed...not the daily rate.

 

For example, if you owed £1,000:

 

• the annual interest would be £80 (1000 x 0.08 = 80)

• divide £80 by 365 to get the daily interest: about 22p a day (80 / 365 = 0.22)

• after 25 days this would be £5.50 (25 x 0.22 = 5.50)

 

Regards

 

Andy

 

 

Thread moved to General Legal Issues.