Friend's received a court letter asking for amount plus 'costs'?

buel10

Hi,
12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. 9 weeks later the parts arrived and he was happy with them.

2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £180 charges and 'interest' and another letter containing a court claim of the amount plus the £180.

Surely my friend has not done anything wrong and doesn't have to pay the extra fees?

[Deleted User]

buel10 wrote: »

This weekend they eventually sent the invoice for the amount plus £180 charges and 'interest' and another letter containing a court claim of the amount plus the £180.

Are you sure it's an actual court claim, and not a letter threatening court action?

buel10

I won't see it until tomorrow but it looks like one. Possibly one done by using MCOL, I'm guessing. It says to deal directly with the court on, apparently?

FireWyrm

buel10 wrote: »

Hi,
12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. 9 weeks later the parts arrived and he was happy with them.

2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £180 charges and 'interest' and another letter containing a court claim of the amount plus the £180.

Surely my friend has not done anything wrong and doesn't have to pay the extra fees?

Wow, that is incredibly heavy handed of them.

I would write back a stinging letter enclosing a cheque for the original invoice amount and telling them that there behaviour is frankly unpleasant and unreasonable and you will not be dealing with them again for further business. Address it to the Managing Director of the firm...dont mess around with a 'to whom it may concern'.

buel10

Hi,
Just an update:
It would seem that the supplier has used MCOL to issue a claim form for the total owed, plus £20 interest and £185 court fee.

The supplier sent this claim form on the same day as they finally sent the invoice that my friend had requested (although they claim that this is the second time they have sent an invoice).

My friend originally paid a 20% deposit on the day the goods were ordered and all he has done since was to request, by recorded delivery, an invoice.

Surely he is able to pay just the amount he owed, now he knows how much it is?

FireWyrm

Write to them. Tell them that you didnt receive the original invoice or you would have paid it. You still consider this to be unreasonable behaviour. You will not be paying any 'court fee' since there has been no court case and no costs awarded against you. Pay the original invoice amount and tell them to do one.

[Deleted User]

Since they didn't send him a LBA, I don't think they have a leg to stand on (in court).

Marktheshark

Sorry but bad advice.
He must ONLY deal directly with the court now once a case has been laid or he will receive a default CCJ against him for the full amount.

The time for writing letters to the firm is OVER.


He has to file a defence now, EVEN IF HE PAYS the invoice!
Or he will get a CCJ.

rizla_king

Pay the original amount and tell the company that as they completely failed to follow the pre-action procedure they are obliged to before going to court, you require them to drop the legal claim, otherwise you will defend in full bringing the court attention that under practice direction pre action protocols they have completely failed to take any reasonable action to resolve the matter, or send a valid letter claim before starting court proceedings. You will request that the court impose sanctions for this non compliance, including dismissing the claim and awarding costs to you under PDPAC section 4.6

Marktheshark

rizla_king wrote: »

Pay the original amount and tell the company that as they completely failed to follow the pre-action procedure they are obliged to before going to court, you require them to drop the legal claim, otherwise you will defend in full bringing the court attention that under practice direction pre action protocols they have completely failed to take any reasonable action to resolve the matter, or send a valid letter claim before starting court proceedings. You will request that the court impose sanctions for this non compliance, including dismissing the claim and awarding costs to you under PDPAC section 4.6

That is the correct procedure now.
If he has had the goods, he owes the initial invoice value.
If he failed to pay for the goods they are entitled to interest.

If they have failed to serve correct LBA, he has a defence against the court fee part of claim.
If he pays the invoice he has a defence against the invoice amount.

IF he does nothing as they "have no leg to stand on"
He gets a default automatic CCJ through his letter box for every penny they claim in the next couple of weeks.

The other angle is if he was a private individual, they would need a credit licence to sale goods on credit.

buel10

Thank you all. Very, VERY much appreciated.
Regarding the 'credit' issue - very interesting.

So please can I just clarify that sending a cheque for the actual amount (not including interest or 'court fees') and quoting the relevant information from Rizla King to the company will suffice? Does he then have to notify the court at all?