Court summons a bit complicated!

Quentin

The courts don't like being used like this.

That is why before setting about court action, the claimant should have issued a "letter before action" giving you a last opportunity to pay up before legal action was taken.

As they managed to issue the summons to the correct address, they should have sent the letter before action there too.

If you are happy to pay the amount claimed, then write to the claimant with a cheque for the amount originally owed, and refuse to pay the court fees on the grounds that this summons was the first you knew about the debt.

As a solicitor is involved, they will know all about the need for a letter before action.

Also make this your defence to the court. If you are happy, admit owing the original amount but deny owing the court fees. The interest claimed is payable.

Alternatively, pass the whole matter onto the insurers covering the vehicle at the time of the accident.

alm721

We did pass this on to the insurers at the time and assumed it was all dealt with. There was quite a high excess as it was a young driver and apparently the insurance compnay spoke to someone at the firm (although they can't remember who) who told them we would settle it all as the part they would pay only amounted to about £60 and would affect no claims discount. Unfortuatly my fil denines they spoke to him and hubby defo did not speak to them. They are unable to produce any letters which they claim they sent us regarding this and are generally not being very helpful. Personally I think my fil told them he would settle it and then failed to do so and as no paperwork ever came to the business it was never picked up by anyone else. Can't understand why the complany involved have never chased it though? Makes no sense to me.

Quentin

On what you say regarding the excess, it would seem likely that no insurance claim would be made over just £60, and that to preserve NCB the costs involved just paid direct.

They are quite within their rights to chase it up now (the time limit for damaged property claims is 6 years). Though as explained they have not gone about this court action the right way!

alm721

I know it is their right to chase it now, its just seems odd. If someone owed me the money I'd be sending invoices and statements etc? I'm going to send a letter (without prejudice) offering to pay the orginal bill but not the costs etc and will quote what has been suggested. Just one more thing, I want to send the cheque with the letter but do I make it out to the company or the solicitor? Also who do I send it to? I was going to send a copy of the letter to both the solicitor and the claiment but which letter do I put the cheque in?

Thanks again for all the advice so far, its been really helpful.

Quentin

You need to make the cheque payable to the claimant, and send it to the address the claimant used on the summons.

alm721

Ok A bit of a furthur development. I sent a letter yesterday including a cheque for the original claim to the claimant plus a copy to their solicitors. When I got home last night there was a message on my phone from the claimants solicitors saying that the claimant still wanted the fees paying as they had admittedly sent the intention to litigate to the wrong address but then claim they sent one to the right address the following day? Do these sorts of this need to be recorded delivery or something? We absoloutly never recieved it and I'm sure the soliciotrs are lying after they have realsied they've messed up and have cost their client an avoidable court fee.
Its easy enough to change and address on their file but how can I prove that we never had it, or is it up to them to prove that we have recieved it? Any ideas?
Thanks

Quentin

Put your defence in as suggested.

It will be then up to the claimant to prove otherwise to the court (if it gets that far).

Make a transcript of the message - you never know if that may be of use later!

alm721

Just to let you all know we have finally got this sorted. Seems that the solicitors, having sent a letter to an old address, got a call from the new shop owners who told them we were no longer there so they then sent a letter to our existing shop only with the wrong town and postcode! which explains why we never got either letter. Anyway after a bit more wrangling they realised that we had never recieved the paperwork as they never sent it to our address and have accepted payment of the orginal amount without all the associated costs. :TJust wanted to say thanks to every for the advice. It wasn't a great amount of money but with the way things are at the minute every penny counts so its a big deal to us.
Thanks again :beer: