Can I issue a claim for uncontested portion of a claim?

[Thegreenpimpernel]

Hello

 

I did some work for a local business.

I issued several invoices over the course of a few months.

The business owner has not paid. I was warned not to trust him, so you could say i was asking for it.

 

I sent him a letter before action.

In his reply he denied owing some invoices - putting it on me to provide 'proof' of purchase order etc which i can see dragging out for some time.

 

In his reply he admitted (in writing) that he owed certain invoices (of which there was no escaping the fact: email evidence etc) and that he would pay them.

 

He also finally admitted having some of my tools which he had denied for months (again only because he had to. His employee had admitted it in writing). He promised to return them.

 

Over six weeks later he has not paid the uncontested invoices, and has not returned the tools.

 

Can I proceed to issue a claim on these issues ( the unpaid invoices and the replacement value of the tools) without further communication ?

 

He is using the 'contested' parts of the debt to avoid paying any of it or return the tools.

 

Thanks in anticipation of your help.

[BankFodder]

I would sue him for everything that he owes you and hasn't paid you – whether it is contested or not.

 

Once you have issued the claim, he can then mitigate his loss by paying the admitted portion and defending on the contested portion.

 

Of course, he may be stupid and continue to refuse to pay you even the admitted amount right up until the court hearing.

 

He would almost automatically receive a judgement against him on the admitted portion and of course that would add to your credibility in court.

 

On the issue of the tools, I would sue him for Conversion as per the Torts (Interference with Goods) Act.

 

Do this all in the same claim.

 

If your letter before action doesn't represent what I have suggested above, then you should clarify in a further letter before action.

 

If this adds a bit of extra delay then I'm sorry about that, but you've been with this since 2010 and you should have asked for advice earlier.

 

On the basis of what you tell us, for the admitted portions – the money and the tools, your chances of success are pretty well 100%.

 

For the contested portion, you haven't really explained the evidence so I'm not able to say.

[BankFodder]

See if the suggested draft below fits in with the money claim word limit

The claimant was contracted to the defendant and provided XXX services to the defendant over a period of several months. Invoices numbers XXX, XXX, XXX et cetera apply. The defendant has been given copies of all these relevant invoices.

 

The total value of the above invoices is £XXX of which XXX remains unpaid.

 

The claimant also left certain work tools at the defendant's premises and which the defendant has refused to return. The claimant is bringing an action for conversion under the Torts (Interference with Goods) Act for the return of the tools or their value which is estimated at £XXX

 

The claimant seeks £XXX (total of invoices plus value of tools) plus interest

[Thegreenpimpernel]

Thanks

 

Indeed. Why should i waste energy replying to defences like: "i thought you did that one for free". Just proceed to claim?

 

I'm thinking that by not paying the uncontested / admitted amounts he has gifted me the opportunity to avoid costs even if he were to win (by lying) on the contested issues?

[Thegreenpimpernel]

BTW - this is a new issue. Member since 2010. I used to help on bailiff forum before the laws changed.

 

Cheers

[Thegreenpimpernel]

We have also uncovered underpayments going back a few months (again uncontested invoices & reminders sent by recorded delivery).

 

Do we need to send separate LBA or add to the claim?

[BankFodder]

I would tend to keep it neat and avoid the possibility of any criticism in what you do.

 

Send an LBA that covers everything and then issue the claim.

 

Take the intervening period as the time to familiarise yourself with what you're doing and also to get a draft claim going on money claim. You can save it down and then have it ready issue at the moment the 14 day deadline expires.

[Thegreenpimpernel]

Thanks for your help.