Central House publishings claim form - advertising charges on menu booklets.

[taz_in_2001]

I am posting this on behalf of a friend so please bare with me when im answering as I have to double check before I post replys.

 

A letter came through the post this morning from County court money claims centre giving claimants name and address and listing myself trading as my company name with my address as the defendant. I knew nothing at all about this.

 

They are claiming £414.90 plus £50 court fees for services rendered by the claimant for advertising charges on menu booklets.

 

The defendant has failed to make the payments due on their account. The particulars state

 

'The claimant contacted the defendant on a number of occasions regarding the balance however no payment was recieved'.

This is where it gets a bit odd.

 

They claim I am the defendant and that I signed the agreement

, they have contacted me on numerous occasions requesting payment.

 

However, on the agreement they have provided as proof it has my company name and my company email address

(which I have only now got back because my ex changed all my passwords),

my ex girlfriends address, my ex girlfriends name, her telephone number and her signature signing herself as company sec.

 

She has never been company sec or had anything to do with my company may I add.

 

I contacted her and she admitted taking it out and signing it,

she had even paid the first two payments out of HER personal account and has offered her statements to show this,

she said she was trying to be nice and get more business for me.

 

I knew nothing of this and because we have split up she has stated she is not paying no more and refused to deal with them so this has now landed on my doorstep .

 

Do I owe this money seeing as I know nothing of it?,

I didnt sign anything, I paid nothing etc.

 

I have sent in the acknowledgement of service stating I wish to defend this however the place where they have registered this claim is over 300 miles away from myself and I cannot travel up there so will need to do it all online.

 

Thanks

[Bazooka Boo]

So she admitted to committing fraud then?

 

Simply put I'd be telling her that unless she starts paying this, then your only option will be to report her to the police as you're not going to take on her debt that she obtained fraudulently.

[taz_in_2001]

Well yes by the looks on it although im not sure it would be 100% fraud as she didnt do it for personal gain or to cause loss, from what I can gather she was trying to help his business.

 

However he has since spoken to her and she has stated that they didnt do their jobs correctly anyway.

 

She was told 10,000 copies were going to be delivered around the area however there has been no deliveries,

 

she contacted the company that the publishers were in contract with to deliver them and they are sat in a box in the store.

 

She contacted other people who paid for the advertisement and they were given the same advice and are willing to give her a letter stating this.

 

By the looks on this she was fighting this to begin with, their relationship then ended and she wiped her hands of it.

 

Where does he stand in a court with this?,

hes just said he doesnt want to phone the police as she has his son and he can see she was trying to help.

 

He ended the relationship in a way that made her very bitter (im sure we all know the actual reason here without saying it )

Edited November 9, 2015 by taz_in_2001
Not 100% on answer so added to

[Bazooka Boo]

I see.

 

Well who is this advertising company?

 

I think that the best form of defence here is to attack them, if there are others who have paid for a service and they haven't provided it, then trading standards need to be informed.

 

So no money has physically been handed over, yet they are claiming this amount is justified because they said they'll deliver these copies, when in actual fact nothing of the sort has happened?

 

If that is the case, then they're the ones committing fraud!

 

Name of the company.

Has TS been informed?

And a complaint been made with the company?

[taz_in_2001]

His ex girlfriend actually paid 2 payments of £180 to them from her personal account so £360 in total and their claiming for £414.90. Basically they want £774 for printing a booklet.

 

The company is Central House publishings,

she ordered with them a 1/2 page advert to go in a local Pizza Hut discount menu booklet.

 

I have just phoned pizza hut to confirm what she said and they are infact in a box in the branch,

they are not being delivered to houses they are supposed to go out with the pizzas but this doesnt happen usually,

this is the information they gave me.

So she was right they did lie to her.

 

Trading standards are not informed as of yet,

would you suggest I get him to do this tomorrow?,

she complained to the company, my friend havent had chance as today is the first hes heard of it

 

I see.

 

Well who is this advertising company?

 

I think that the best form of defence here is to attack them, if there are others who have paid for a service and they haven't provided it, then trading standards need to be informed.

 

So no money has physically been handed over, yet they are claiming this amount is justified because they said they'll deliver these copies, when in actual fact nothing of the sort has happened?

 

If that is the case, then they're the ones committing fraud!

 

Name of the company.

Has TS been informed?

And a complaint been made with the company?

Edited November 9, 2015 by taz_in_2001
added information

[dx100uk]

You need to get ahold of the contract she signed and the t&c's

If they specifically say delivered to customers

Then defend on that basis is my guess

 

Dx

[steampowered]

It sounds like this was a contract signed by your company, yet the advertiser has issued a claim against you personally. In this case you have a complete defence. Simply defend saying that the contract is with the company and not with you personally.

 

You could also try to defend on the basis that your ex does not have authority to bind the company. However she will be deemed to have authority if (for example) she sent emails from a company email address.

 

You could also try to defend on the basis that the advertiser has not done what they promised to do and is therefore in breach of contract. This would obviously depend on what was agreed.

[GrumpyToSayTheLeast]

Were you a sole trader?

Did the leaflet advertise the company?

Did the instruction to print come from company letter head or company email?

 

If yes to all the above, then you may by in for the long jump.

 

And most contracts of this sort will ONLY start the delivery/advertising AFTER payment in full is made. The dont normally deliver/advertise before that final payment is made.

 

You desperately need to get a copy of the contract and a copy of their received instructions. Having seen a similar contract for a similar deal only a few days ago, I believe that you may have the type where payment in full is required before delivery, and therefore, your defense is probably going to rely on the instruction.

[taz_in_2001]

*Update*

 

I have filled in a defence which they have recieved.

 

Ive now recieved today a Small Claims Directions Questionnaire form which they would like me to fill in, in this its asking if I would like to settle out of court which im not quite sure about because obviously im innocent and do not want to settle nothing unless it entails me having to pay Zilch because I do not owe nothing.

 

On this questionnaire, do I sign that I am willing to go to mediation but stick to my guns that I owe nothing or shall I put that I am not willing and want it settled in court. The solicitor I spoke to told me my case was pretty good and he would expect the judge to see I owe nothing

 

Thanks

[dx100uk]

you must always agree to mediation. but that doesnt mean you must agree to settle anything through a deal

[taz_in_2001]

you must always agree to mediation. but that doesnt mean you must agree to settle anything through a deal

 

Its asking me to tick yes or no to the following statements:

 

1. I can confirm that I am willing to compromise on this matter. (Please do not use this service if you are not prepared to move from your current position)

2. I can confirm that there has been no police involvement in this matter at any time.

3. I can confirm that I have enough information about the claim, to allow me to enter into negotiations.

 

Now I am thinking No to number 1, yes to number 2 and im not sure on number 3 because obviously I didnt enter into any agreement and therefore I only know the basics of the proof they have sent in for the claim which is the agreement between the company and my ex.

 

Its then asking yes or no to do I agree to this case being referred to the small claims mediation service.

 

then yes or no to do I agree that the small claims track is the appropriate track for this case... do I say no here because I am innocent?

[steampowered]

Your answers to questions 1-3 are correct

 

The small claims track is the most appropriate track for this case (this track is used for cases with a financial value of less than £10k). A 'track' is just a case management system allowing larger cases to be treated differently to small cases, it doesn't mean you admit fault or anything like that.