Taking a Council to Small Claims Court

Videoman

Hi everybody!
I am owed money by my local Council. I sent the Leader of the Council ( Leader of the ruling political party at the Council ) a letter and an invoice explaining what the invoice was for ( money owed ) and told him that I would be taking Small Claims Court action in 28 days if the invoice is not paid.
He sent me a letter stating that he has passed my letter to the Managing Director of the Council.
Question is..... When I fill in the Court papers, who do I say is the Defendant? The Council, the Leader or the Managing Director?
Advice would be gratefully appreciated.
Thank You.

atolaas

Could you explain how it has come about that your local council owe you money? Would appreciate a little bit of background info. Thanks

stebiz

The Council are no different to anybody else. You issue a claim against eg

LIVERPOOL CITY COUNCIL

The one and only time I issued proceedings against a Council was about 15 years ago. I was managing somebody's property for them and they took it upon themselves to send a Baliff around - I had no idea that the bills had been going to the owner - in any case it wasn't my liability.

I was in the middle of a meeting when they walked in and took a Walking Possession.

I set against a small claim for £300. They never turned up. Judge awarded me a CCJ by default. Rang the Legal Team the next day and said I'd be sending a Baliff round now - just like they'd done to me. Cheque received the next day.

Pollycat

Do you have reason to believe that the Council won't pay you the money they owe you?

How long has this debt been standing?

Just curious why you'd give them 28 days to pay, unless this was the last letter of many.

Councils tend to work slowly and I can't understand why - unless this money has been owed to you for a long time - you'd want to go through the legal process instead of waiting for your money.

philatio

It's not a bill for your bin not being emptied is it ?

InsideInsurance

Videoman wrote: »

Question is..... When I fill in the Court papers, who do I say is the Defendant? The Council, the Leader or the Managing Director?

Given you are invoicing them it suggests you are in contract with them in which case you issue against the legal entity that you entered into the contract with.

Presuming you are just suing the council and you actually sent them a letter of claim rather than an invoice then you issue against the legal entity that you believe is liable for your losses.

In both cases I suspect this would be the council itself and not an individual

Videoman

The 'debt' is a little bit complicated, basically the Council charged me for something that they now accept was not even Council Policy to do. This happened 3yrs ago and they have never ever offered me a refund so I thought blow-this, I want my money back. Therefore I DID send an 'invoice' and a letter of explanation for the invoice to the Leader. I gave them 28 days just to be courteous! ;-).
It looks as if I will have to name The Council as the debtor then.
Good on yer, Stebiz, well done!! But there again, I do not suppose you were any better off at the end of it all! All you had was a lot of messing around because of Liverpool Council! Grrrrrrr
:mad:
Cheers for your replies......

keyser666

Well give the managing director time to come back to you and then issue a LBA

Videoman

'issue a LBA' ? Can you explain what that is please?
Thank you.

InsideInsurance

LBA - letter before action

You've already done so even if you didnt formally address it as one. A letter giving a realistic timescale for payment/action after which you will issue court proceedings without further notice.

arcon5

Letter Before Action

Tbh if you stated your intention to issue court proceedings in your last letter and you allowed 28 days I suspect I judge will see this is the same light.

I'd word it as reimbursement though as opposed to an invoice which would imply both parties agreed some terms