Help - Solicitors Letter threatening Court Action for small disputed debt

Bobbins11

Hi All,

I'd appreciate any help anyone can give on this situation - to give some background the debt relates an item I bought and believed I had paid for through an online payment system.

I was then contacted by the company to say their payment system had failed and the payment hadn't been taken as expected. I checked and it hadn't so I paid the amount by bank transfer. I then thought nothing more of it.

I came home this evening to an e-mail from a Solicitors acting on behalf of the Company, threatening court action - details are below;

"We act as Solicitors for X and we refer to our letter to you dated 31
October 2013, when we notified you that unless the above sum is paid in full by close of business on Friday 15 November 2013, legal proceedings will be commenced against you through the County Court for recovery of a sum due, together legal costs and interest, pursuant to Section 69 of the County Courts Act 1984"

I haven't had a letter from the Solicitors nor any more calls. I've emailed the company concerned and given them my payment details and told them I dispute the solicitors claim as I've paid it. I'm just really worried about the court action and any impact it may have on my credit rating.

Any help would be much appreciated

Thanks

Bobbins

Tixy

If they do take court action against you then you would need to respond to the court claim with proof of your payment and to deny that the money is owed.

Just to set your mind at rest if they commence court action against you and you successfully defend then it won't appear on your credit file or affect your ability to get credit.
Even if, in s worse case scenario, you defend and are not successful (i.e. the judge believes you owe the money and grants a CCJ) as long as you pay within 30 days it won't appear on your credit file or affect your ability to get credit.

If you do get a court claim the important thing is not to ignore it.

Sazzie23

Maybe worth sending a recorded delivery copy of the payment information that you have already emailed, and including that you never received their letter of 31 Oct.

matttye

In addition to the above comments, I would just double check that the details you've paid to are correct. If there's one wrong digit the money would've gone to the wrong account.

Also if you got the payment details from their website, or a catalogue or something, take a screenshot/picture to prove you've paid into account details provided by them.

harveybobbles

Does the email actually say they WILL commence or MAY/MIGHT/COULD?

Bobbins11

Thanks for your advice everyone - I was just worried as it seems a rather extreme measure considering I've not had any contact from the company involved.

Tixy - Thanks, I'm hoping it won't get to that as I've e-mailed the company with my proof of payment.

Sazzie - good idea, as I'll then be sure I've notified the solicitors as well as the company.

Matttye - I didn't think of that - thanks for pointing it out, I'll double check the information as they gave me the bank account details over the phone.

Harveybobbles - yes, it says they will commence - which is strange to me as I always thought court action was for larger sums, this is under £120.

I'll follow up on the great advice you've all given and keep you posted on what happens. I'm hoping it can be easily resolved

chanz4

harveybobbles wrote: »

Does the email actually say they WILL commence or MAY/MIGHT/COULD?

Companys are starting to take to court for as little as £80 these days, as people are just not paying.

harveybobbles

Bobbins11 wrote: »

Thanks for your advice everyone - I was just worried as it seems a rather extreme measure considering I've not had any contact from the company involved.

Tixy - Thanks, I'm hoping it won't get to that as I've e-mailed the company with my proof of payment.

Sazzie - good idea, as I'll then be sure I've notified the solicitors as well as the company.

Matttye - I didn't think of that - thanks for pointing it out, I'll double check the information as they gave me the bank account details over the phone.

Harveybobbles - yes, it says they will commence - which is strange to me as I always thought court action was for larger sums, this is under £120.

I'll follow up on the great advice you've all given and keep you posted on what happens. I'm hoping it can be easily resolved

email back and ask them to put their pathetic threat in writing.