Invoiced without order? Is this allowed?

nry_2

Sums it up Just beginning to bug me now, either this statement was sent in error or they're just playing silly beggars.

DVardysShadow

vax2002 wrote: »

... I would not worry too much, without a wet signature contract, I doubt the claim would get passed the front desk.

Taken out of context, that advice could cause the OP some bother.

The claim will get past the front desk if it is filled in correctly and the fee submitted. There is absolutely no check on the quality or merits of a claim at the front desk.

The front desk will submit papers to OP [with a court stamp] giving the option to submit a defence. OP must submit a defence, otherwise it is game over.

Flyboy152

DVardysShadow wrote: »

Taken out of context, that advice could cause the OP some bother.

The claim will get past the front desk if it is filled in correctly and the fee submitted. There is absolutely no check on the quality or merits of a claim at the front desk.

The front desk will submit papers to OP [with a court stamp] giving the option to submit a defence. OP must submit a defence, otherwise it is game over.

I am not sure a defendant has to submit a defence, in writing, before the court date. I thought that if they wanted to produce any paper work, to support their case, they had to submit it, but if there is not paperwork to submit, then they would be able to just give verbal testimony.

nry_2

DVardysShadow wrote: »

Taken out of context, that advice could cause the OP some bother.

The claim will get past the front desk if it is filled in correctly and the fee submitted. There is absolutely no check on the quality or merits of a claim at the front desk.

The front desk will submit papers to OP [with a court stamp] giving the option to submit a defence. OP must submit a defence, otherwise it is game over.

How long after submission to Money Claim Online would the papers normally be sent/received by the defendant?

nry_2

Flyboy152 wrote: »

I am not sure a defendant has to submit a defence, in writing, before the court date. I thought that if they wanted to produce any paper work, to support their case, they had to submit it, but if there is not paperwork to submit, then they would be able to just give verbal testimony.

For a Money Claim Online claim, I must submit a defence otherwise it gets automatically judged in favour of the submittor.

DVardysShadow

Flyboy152 wrote: »

I am not sure a defendant has to submit a defence, in writing, before the court date. I thought that if they wanted to produce any paper work, to support their case, they had to submit it, but if there is not paperwork to submit, then they would be able to just give verbal testimony.

If no written defence is submitted, it is game over, like I said.

It is a fatal mistake not to submit a defence, in the belief that you can defend verbally 'on the day'. If you don't submit a written defence in outline at least, the case will be decided against the defendant and there will be no hearing.

DVardysShadow

nry wrote: »

How long after submission to Money Claim Online would the papers normally be sent/received by the defendant?

No idea. When the court gets around to it.

Flyboy152

DVardysShadow wrote: »

If no written defence is submitted, it is game over, like I said.

It is a fatal mistake not to submit a defence, in the belief that you can defend verbally 'on the day'. If you don't submit a written defence in outline at least, the case will be decided against the defendant and there will be no hearing.

So, would letter saying, "I have no written evidence to submit, I will give oral testimony at the hearing," suffice? Just a thought.

DVardysShadow

Flyboy152 wrote: »

So, would letter saying, "I have no written evidence to submit, I will give oral testimony at the hearing," suffice? Just a thought.

NO!!!!! They will think that they are likely to get a rambling LIP [Litigant in Person] who hopes to bore the court into submission, with the risk that as the defendant shows no grounds for dispute, the case will be awarded to the complainant.

A skeleton of an argument is required. Bear in mind I have not done one of these. But it might go something like:

On <date>, I asked <complainant> to quote for manufacture of 4 parts. They were not too sure on how they could manufacture nor on time scales but indicated they would like to make a prototype to provide a cost. On <date>, I saw the prototype which was not suitable, although it had potential. <Complainant> retained their part

Subsequently on <date>, I was advised a cost of £75+VAT for 4 pieces, which I rejected.

The claim is for a prototype part, which <complainant> made for their own costing purposes. No price was given nor contract struck. The part is retained by the complainant and was never fit for my purposes - only being fit for <complainant's> purpose of establishing a price.

Into this should be inserted any references to evidence. Whether or not this complies with the formal requirements of the defence document, I am open to correction. But it should be enough to show that there is a dispute to be heard.

nry_2

Seriously these guys are off their rocker!

They have written direct to the school stating that as I left a work business card (which they have copied and incidentally has my work phone crossed out...).

They have asked my employer to respond with a suggestion of how they proceed with the claim for the outstanding invoice listing the fact that they do not offer credit terms to individuals - quite why a school would order a car inlet manifold runner I have no idea!

They state that the court summons (still the wrong words, they appear to be considering Money Claim Online) is on hold until Jan 9th by when they have requested a response.

Consumer Direct have passed this to my local Trading Standards, though they feel that because the supplier has my work address from day one, that they it may be acceptable for them to maintain contact through my work address.