County Court Threat

robster1964

I am in a pickle and dont know whether I should pay a bill or not.
It is only a small amount less than £20 but its "principle" I am holding out for.

The company in question have commenced County Court proceedings against me and I would be greatful for advice as to whether I would win or lose a judgement.

Firstly I am in employment where a CCJ is frowned upon. If there is a risk I would lose it is not worth taking.

The circumstances. I ordered some printed goods in August last year. I visited the company offices and spoke with a member of sales staff direct, agreed a sum at point of sale and gave a proof of the printing. I later received a final proof which I signed and returned to their offices. I then waited around 2 weeks and nothing happened, no contact.

I spoke to them again and was told the reason the job had not commenced was that I was on a "proforma account" and had to pay in full in advance. The companies attitude was that I should have been aware of this, I wasnt, as no one had told me! The same day I went to the offices and paid the agreed sum in full, in cash, just short of £200.

After a number of delays the goods finally arrived some 5 weeks after the order and I assumed that was the end of it.

I then received a statement through the post for a small additional amount. I assumed it was a clerical error so ignored the first one, a second one arrived which prompted me to respond and I went to their offices again to find out what it was for. I was told "as is common practice", again their attitude was as If I was a thicko and should have known, that it was an over production. They alledged I had received more than I ordered (1000 was the order, I have now counted them and tried to work back to what I have used and am very sceptical as to whether there ever was an over production. They are not stating any figures in their correspondence). A member of staff interjected and said they would need to raise a credit with accounts and it would be sorted. I assumed they meant, sorry we didnt tell you about this either, leave it with us.

Then after receiving a few more statements in October and November I went to their offices again at the begining of December and told them to stop sending me statements, I would not pay a bill retrosopectively. Just before christmas they followed this up with a letter stating I had to pay or return the over production of 1000 which was the complete order! I was in the process of seeking advice when a final letter arrived early Jan stating they were taking me to court.

So if it went to court what are my chances.
1. Agreed price at point of sale and paid in full.
2. No mention of additional charges until after event on receipt of statements.
3. No mention of what over production amount was.
4. Final request to pay bill or return complete order of 1000 (again no alledged over production figure given).
5. Cannot recall ever signing anything except the proof of printing.

Thanks for any advice or input.

Hintza

You will only have a CCJ if you lose and don't pay.

If it was me I would be only too happy to go to court. Start gathering as much information as possible and get your defence sorted out and an idea of your costs (lost wages going to court etc)

Your biggest argument will be that they insisted you paid in full as a cash customer. They are now contradicting themselves and suggesting you are an account customer.


Good luck.

simpywimpy

I think its worth a go from what you have said and Hintza is of course correct. If you lose and pay within the time given, there will be no ccj or adverse credit report

Tozer

Agree with the above advice. A District Judge will have no sympathy with them - they cannot charge you for work which you have not ordered.

Optimist

Oh let them if they are stupid enough and if you really wish to be rude just reply saying "I respectfully refer you to the reply in Arkell v. Pressdram"

robster1964

You sound like you have experience in these court things. If I went to court and lost, would I be liable for their costs. Would I also as mentioned earlier not receive a CCJ so long as I accepeted the courts decision and settled there and then?

Tozer

robster1964 wrote: »

You sound like you have experience in these court things. If I went to court and lost, would I be liable for their costs. Would I also as mentioned earlier not receive a CCJ so long as I accepeted the courts decision and settled there and then?

IF you lost, you would be responsible for the issue costs and other Court fees (e.g. Hearing fee).

If they used solicitors to issue the claim then, in theory, they could claim fixed solicitors costs.

That said, given the low value of the claim, I reckon a judge would penalise them on costs and reject it.

I very much doubt they would bother turning up for the hearing.

hippyadam

Defend defend defend!!!

Use the forms you have been sent and outline the situation as fully as possible, include copies of any forms/agreements etc you may have.

Frankly they don't sound like they have a leg to stand on, but did you sign their terms and conditions or accept them in writing at any point before commencing the transaction?

If so you need to check them very carefully for clauses that include additional billing information, or charges for over ordering etc.

fluffnutter

If the facts are as stated, then I'd be happy to go to court if I were in the same circs. In fact, bring it on - I think everyone should stand up to what appears to be little more than bullying. When companies threaten individuals there's an inherent inequality , n'est-ce pas? For the individual it's always going to feel personal, and therefore likely to cause distress. I doubt that anyone in the company's losing sleep over this, but you may be. Makes me a bit cross really.

BTW, what's the company or would you rather not say? Others may have had similar experiences...

robster1964

Thanks, most of you seem to be on my side. The only thing I can recall signing was a proof of printing with the diagram, wording, description qty listed etc... I did not see any T & C's on this form. This is the first time I had a printing job of this style done so I was not aware of any of these "so called usual practices" until after the goods had been received and paid for.

robster1964

Yes you have hit the nail on the head. I am honest and as far as I am concerned the original discussion and hand shake was the deal done. I am concerned due to my job and the stigma a CCJ would produce, so I was going to pay as it is only a small amount. Thanks all, as I have tried for 2 weeks to get an interview or telephone advice with my local CAB bureau. absolutely impossible. I have spent ten times more on phone calls and lost time queueing at their offices than this bill. :-(