County court claim and slander

Mitchel.

Got myself into a bit of diffculty with my business financially. I owe a subby some money for work hes done i have paid nearly a 1/4 of it but now hes saying he will take me to small claims court because he wants it now. I am trying my hardest to raise the money by selling some of my machinery and doing work. But now its worrying me he will harm my business beyond repair.

Recieved the below off facebook message from him

Monday morning I’m passing it onto the small claims court
And I will be letting people and your customers know what kind of person you are
You have no respect for people or their families

rhysadams

Difficult one, as I guess you haven't got any written sub-contract agreement between you both, discussing things like commercial disputes and confidentiality.


However, it may be, depending on your circumstances to allow the paperwork to come through and agree a payment plan.



If you feel that he may slander, I would ask a local Solicitor to write a stern letter. He is venting his frustration, but thats a threat to me.

00ec25

first off learn the difference between slander and libel


then consider whether the claim has a basis in truth and therefore a defence....

da_rule

A Facebook message is not compliant with the pre-action protocol. He needs to send a fully compliant letter before action.

How much are we talking in terms of the debt?

In relation to the defamation (whether slander or liable), whilst a solicitors letter may be appropriate, the costs may be quite prohibitive. This is a specialist area of law, and if you were inclined to commence proceedings then this would have to be in the High Court and comes with a rather large price tag.

As has been said, depending on exactly what he says, he may have a defence anyway. Essentially, if he says you’re late paying him, then, by the sounds of it, he’s correct. If he then says that not being paid is causing him financial hardship then can you prove that it isn’t?

lincroft1710

da_rule wrote: »

If he then says that not being laid is causing him financial hardship then can you prove that it isn’t?

I think you've made a typo

da_rule

lincroft1710 wrote: »

I think you've made a typo

I did indeed, thanks! That would be an entirely different conversation.

kazwookie

Have you been paid for the work the subby did?

If so you need to pay him

If not you need to start chasing the customer and get the fully amount of the money.

You owe him money so he has every right to take you to the small claims court.

If your business money is that tight, you need to look at your business out goings / incoming and get it sorted out, suppliers that give you credit accounts might also want cash on collection instead

Do you have a business cash flow problem? and debts?

00ec25

kazwookie wrote: »

Have you been paid for the work the subby did?

If so you need to pay him

whether he has been paid by his customer has no bearing whatsoever on whether he owes the subby for the work the subby did.

Not the subby's problem that "you" have cash flow problems, that is your problem. Your subby still has a right to be paid by you.

Mistral001

If the message was sent to you and was not sent to anybody else, then it cannot be defamation. Threatening that he will slander the OP is all he has done as far as I can see. Take that to your local Police station and they will probably show you the door.

My advice is to develop a thick skin and try not to take it personally, even though he is making it personal. Rise above it.