Small Claims - paid but now defended??

CrikeyBananas

Just wondering if anyone has any advice on how to proceed or can give an indication of what happens if this now goes to court.

I lodged a small claims case online against a company who owed me money. Prior to this, they had repeatedly stated that they were not responsible for my monies, saying that the responsibility was with the person who used to work for them on a self-employed basis. I maintain that as I approached the company and they assigned me this guy, and that I gave a cheque payable to the company that it is they who are responsible, not the individual.

In any case, the monies owed were paid - result, right? So, I updated the online claim to show it had been paid in full and confirmed to the company that I'd received payment as requested. Case closed....?

Well, I thought so, except that I have received notification that the defendants are defending the claim. What happens now? I received the money, indicated so and therefore now have no issue to take to court!! In the document, the defendant still takes the stance that they are not responsible for the monies, and that it was the individual who paid up, so is this the sticking point? Should I have deleted the case after I indicated that full payment had been made?

stevemLS

Was judgment entered before you received the payment or did they pay and then defend within the 28 days of service of the claim?

SailorSam

I can't understand how they could change their mind and wish to defend the case after they'd paid you. By paying they've admitted being in the wrong. If they wanted to get their money back it's up to them now to take the sub-contractor to the small claims Court themselves.
Years ago we took a ready-mix cement company to the small claims and on the day he never turned up so we were just given judgement and eventually got our money back.

CrikeyBananas

It was paid and then defended which is why I'm puzzled. It's within the 28 days.

Any thoughts on whether this still has to go to court? There's nothing on the Small Claims Directions Questionnaire to indicate otherwise, although the first section is for settlement/mediation - should I agree to mediation? This is crazy stuff for a claim that has already been paid!!

CrikeyBananas

SS - I don't understand either!! However, in the section for their defence, the company have stated that I confirmed that I received full payment from the individual. All I did was confirm that I received full payment, but I did not state from whom - the note with the payment was not signed. They really are at pains to avoid admitting responsibility, and want the individual to be seen as the responsible party, it seems.

I just have no idea what to do now!!

stevemLS

What is the value of the claim?

There is a "slip rule" somewhere in the CPR (can't remember which part) which allows someone to say they did something by mistake and have since corrected it.

So, they could potentially claim that their accounts dept paid in error when they believed they have a defence.

Fill in the Directions Questionnaire as though you expect it to proceed but send a covering letter to the court explaining it has already been paid - then let the court sort it out.

Spank

If they are not admitting they paid you they cant try and claim it back

CrikeyBananas

Hi Steve - it's a little over £70 (inc interest and court fee). I'm sorry, but what is the CPR?

Having looked properly at their defence (was slightly shocked to have received it earlier!!), they are saying that they haven't paid it, and add in their defence that the individual has paid it.

I have a whole chain of emails from the company saying that someone would be in touch with the payment and asking me to confirm to them when it was received. I duly confirmed this when it was delivered in full, so they were aware of the fact I was going to be paid and that I had been paid, and that full payment was recorded, by me, on MCOL. I am sure that this is about them not wanting to admit liability.

In any case, I think your advice about adding a covering letter is a good idea, and I'll do that. The amount of time I've wasted on these guys is untrue!!

CrikeyBananas

Spank!!

Does that mean I was randomly gifted the exact same amount then and can still go after them for the claim? (I'm joking, but with all the time I've spent on this, it's not looking like a bad idea!!)

stevemLS

Sorry Crikey, Civil Procedure Rules - which are the rules which govern how the courts operate.

I think for that sum, it is not worth your time and effort to pursue it, that the individual has paid will no doubt be used as evidence to support their version of events that they act as some sort of introducer.

But if you have your money, I'd leave it - the court will not make an Order which allows you to double recover.

I would discontinue the proceedings in your shoes - pursuing things on a "point of principle" is rarely worth it.

SailorSam

I use to sell double glazing and we were all self employed but if i'd made any sort of mistake i'm sure Everest would have been responsible as far as the customer was concerned. And i can't see any difference in this case.