N1 claim form received

[XavierP]

Hi, I stumbled across this forum when I was looking for help following receipt of an N1 form I received from the court following a dispute with a contractor. I'm just going take some time to look around and get myself orientated.

 

It looks like there are some good people here so I hope I've come to the right place

[BankFodder]

You are in the right place. Look around the forum and post your story in the appropriate forum and you will get advice there

[maroondevo52]

Hello and Welcome XavierP,

 

Good to see you here, post your thread in the relevant forum and I'm sure you'll get the help your looking for.

 

Regards,

 

Scott.

 

(BF's got his go faster Puma's on)

[XavierP]

I have received an N1 claim form. The date of issue 17/03/2015

 

This situation arose following a dispute with a contractor.

 

 

The contractor admitted making mistakes but wanted me to pay extra to have the work rectified.

When I refused to do this and refused to make an interim payment (which was equivalent to the original quote)

the contractor passed the matter over to a DCA to handle the matter on his behalf.

 

 

The DCA added £100 for the privilege even though there was no contractual clause allowing them to do this and the £100 is included in the claim.

 

 

I found it was impossible to negotiate with the DCA as they constantly denied my allegations and threatened court action on at least half a dozen occasions.

When I tried to contact the contractor to resolve, he just passed my letters to the DCA.

I had no alternative but to sit tight and wait to see if they took me to court and they have.

 

There were no payment terms and conditions agreed with the contractor at the outset. Just a formal quotation for work.

Thus payment would have been made upon completion to a satisfactory standard within a reasonable time-scale.

after 5 months I had to get someone else in to rectify and complete the job, but the work has cost me almost double the original quote from the 1st contractor.

 

The N1 form is signed by the claimants solicitor.

 

I want to defend and counter-claim but I have never been in this position before

and would like some advice from anyone with a wise head on their shoulders.

 

The POC says:

 

The claim is for £600.00

 

a) services supplied by the claimant to the defendant at the request of the defendant, plus debt collection costs, details of which have been sent to the defendant.

 

b) The claimant claims the further sum of £XX.XX in respect of interest pursuant S69 County Court Act 1984 at a rate of 12.75%

from 6th June 2014 to the date hereof

- 270 days together with the late payment compensation pursuant to the above act in the sum of £0.00

 

c) The claimant also claims statutory interest at the above daily rate of £0.23 from the date hereof to payment or Judgment whichever is the sooner.

 

d) Costs

 

Date 03 March 2015

 

(Obviously £XX.XX is a financial amount, but it works out to be nearer 11.75% than 12.75% !?!)

[XavierP]

I'm loving the quick positive responses and have posted my case as requested.

[dx100uk]

12.75%? they can only claim 8% S.69.

 

 

dx

[XavierP]

Date of issue 17/3/15 def filing date : 17/4 by 4pm

 

 

What is the claim for –

 

 

The POC says:

 

The claim is for £600.00

 

a) services supplied by the claimant to the defendant at the request of the defendant, plus debt collection costs, details of which have been sent to the defendant.

 

b) The claimant claims the further sum of £XX.XX in respect of interest pursuant S69 county court Act 1984 at a rate of 12.75%

from 6th June 2014 to the date hereof

- 270 days together with the late payment compensation pursuant to the above act in the sum of £0.00

 

c) The claimant also claims statutory interest at the above daily rate of £0.23 from the date hereof to payment or Judgment whichever is the sooner.

 

d) Costs

 

(Obviously £XX.XX is a financial amount, but it works out to be nearer 11.75% than 12.75% !?!)

 

 

What is the value of the claim? £600

Is the claim for a current account (overdrafticon) or credit/loan account or mobile phone account? builders costs

 

When did you enter into the original agreement before or after 2007? N/A

Has the claim been issued by the original creditor

or was the account assigned and it is the Debt purchaser who has issued the claim. Contractor appointed DCA to act on their behalf

Were you aware the account had been assigned

– did you receive a Notice of Assignment?

 

 

I only knew this matter had been passed onto a DCA

when I received a letter from the DCA including their collection charge. Not before

 

Did you receive a Default Notice from the original creditor? No. Only non-agreed invoices

 

Have you been receiving statutory notices headed “Notice of Default sums” – at least once a year ? N/A

Why did you cease payments?N/A

What was the date of your last payment?N/A

Was there a dispute with the original creditor that remains unresolved? There is an unresolved dispute with the contractor (claimant)

Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt managementicon plan? N/A

[dx100uk]

who is the DCA

 

 

who is the sols?

 

 

dx

[XavierP]

who is the DCA

 

 

who is the sols?

 

 

dx

 

I would prefer not to name them here as this is a live action but they are interconnecting businesses

[dx100uk]

if you have a quick look at other threads here they are always named

makes knowing our enemy better to defend

however if they are not mainstream then I can see why.

 

 

you can PM me with them if you like

 

 

dx

[XavierP]

They are a small local firm. I have personally used them before when I was made redundant.

I'm 99.9% sure they sign the form on behalf of the claimant as part of their 'debt collection services'.

The claimant is the contractor. Whilst he doesn't have to represent himself in court, I'd be surprised if he didn't.

 

Perhaps this thread needs moving to "general legal issues"

[citizenB]

 

Date of issue 17/3/15 def filing date : 17/4 by

4pm

 

 

 

Your defence submission date is 16 April 2014 - the day of issue is counted as day 1.

 

You need to acknowledge the claim by 4 April 2014, you can then submit your defence by the due date.

 

As this is not a financial institution, I am not sure what documents you will need to request, if any.

 

When trying to resolve this with the Contractor, did you keep your communication to writing? If by telephone, did you record your calls.

Did you make payment for the original work?

 

You need to respond to the claim as it is presented.. perhaps along the lines of..

 

 

It is agreed that the defendant entered into a contract with the claimant. (I guess you could expand advising what work was carried out)

The claimant made many errors in the original contract and has admitted this.

The claim appears to be for costs involved in rectifying those errors, which the defendant has never agreed to and denies liability for.

The claimant has refused all communication with the defendant.

 

The defendant denies that any money is owed to the claimant.

 

 

However, please do wait for those with more knowledge to put you on the right track.

[citizenB]

They are a small local firm. I have personally used them before when I was made redundant.

I'm 99.9% sure they sign the form on behalf of the claimant as part of their 'debt collection services'.

The claimant is the contractor. Whilst he doesn't have to represent himself in court, I'd be surprised if he didn't.

 

Perhaps this thread needs moving to "general legal issues"

 

Has the claim been issued in the name of the DCA or the building firm ?

 

If the DCA, then I think you might need to request a copy of the assignment - if the DCA has not purchased the account, then I am not sure they can issue the claim in their own name.

 

Thread moved to General Legal forum as this is not a claim from a financial institution.

[XavierP]

The claim has been issued in the name of the building firm

[citizenB]

The claim has been issued in the name of the building firm

 

Righto

[citizenB]

If you require copies of any of the documents mentioned in the claim form then you can use CPR31.14 to request these.