need help re business debt!

heydude_2

first post on here so please try and be nice!

Basically i started a business about 3 years ago (a shop) and part way through the business we decided to start selling bread and milk. We contacted a dairy and opened an account. However, they started billing us for stuff we hadnt had, then started charging us too much for individual items... sending us bills for other shops and our bills were incorrect.

anyway... after an accident i closed the shop. I gave the dairy my home address in a letter and told them to send me a copy of everything i had signed for, and a correct bill.. i then explained that I would then pay for what i had bought.. and nothing more. this was 12 months ago.

today a letter arrives from a solicitors saying.... blah blah blah... pay up the full amount within 7 days or else court action etc. naturally im going to tell them "no, sod off!". They dont seem to want to forward me copies of all signed delivery notes, so in my book thats their way of saying they have no record and therefore no way of proving this is my bill... am i right to take that stance?

so... what would you do in my position?

thank you!

Mike_by_the_Sea

Hi heydude

Welcome to MSE

What sort of amount are we talking about?

greyteam1959

Unless your supplier can produce a signed delivery note to back up any invoice for goods supplied then I would say that they do not have any proof that the goods were delivered to you.
Therefore in my opinion they would have no case in court.
I think they are probably trying to frighten you into paying up and they are just sending out a standard scare letter.
My opinion for what its worth ???
Stand your ground............

heydude_2

we're literally talking about £400... i know it isnt a lot. I think the actual bill is closer to £200. I know it's only a couple of hundred quid difference... but it's my £200!!!

I think i'll tell them i want delivery slips for everything, and then i'll look at it. I dare say if i dig my heels in they will disappear eventually. we'll see i guess

HugoSP

The solicitor is trying to get results for his client whilst doing as little work as possible. Standard practice. It's in their interests if it works.

Your asking for proof that you actually took delivery of the items that you are being charged for is perfectly reasonable. If they instigated court proceedings after you had asked them to justify their demands they would be laughed out of court - and they know it.

kaznelson

From my work experience, sounds like a standard debt they have passed on to the solicitor - the solicitor doesn't know or care if you have received the goods, just sending out a standard letter.

Reply to the dairy & the solicitor saying you dispute the amount outstanding as you did not receive the goods. Enclose a copy of your previous letter and ask them again for proof of delivery. I would send it recorded.

I would be really cheeky and send them an invoice for your admistration costs and post costs!!!

If they did decide to take further action, they would need all this documentation to win their case, without it they would have their case dismissed and you would be awarded costs.

I'm not a solicitor but have got relevant experience and some wrinkles to prove it!!!!

heydude_2

thanks for that... i spoke to them this morning and asked them to take me to court. They told me that they dont like going down that route as it's "expensive and takes a long time.... how much will you offer for a settlement?"

I replied "£2.75"... she laughed and said she'd get back to me.

will wait and see i guess!!

ta for all your help.

HugoSP

heydude wrote: »

thanks for that... i spoke to them this morning and asked them to take me to court. They told me that they dont like going down that route as it's "expensive and takes a long time.... how much will you offer for a settlement?"

I replied "£2.75"... she laughed and said she'd get back to me.

will wait and see i guess!!

ta for all your help.

All communication should be in writing. If you do enter into verbal communication, which I would not advise, get it confirmed in writing.

I would stick to the tack that you need proof of your receipt of the goods. They need to provide this otherwise we could all be invoicing everyone else for services rendered without actually having to prove that the recipient either solicited or received them.

andyboy190

hello Heydude , stand your ground 100% if, and only if it goes to a small claims court you will get the chance to say your bit ,and you can put in a counter claim against them , as Kaznelson says charge for the costs etc etc iam sure they will pull out of any court action once the realise they can lose and have to pay . good luck but i dont think you need it .

carroussel

Sorry about this but I am a newby. I would like to post a new message. We are a small business and a customer owes us quite a lot of money. I would like to ask your advice on what to do but I do not know how to post a new thread. Can anyone help please Many thanks

Torby

I know what you mean...sorry to jump on the thread as well...we have an outstanding debt (we invoiced them 2 months ago) and we've even tried ringing them and leaving messages but no one returns our calls.
They are a local newspaper....part of a major UK group...and if I dont get a result soon (reminder went out over a fortnight ago) I will send the final demand to the paper AND the credit control dept of the major group.
I'm happy to see them in court...small claims is only £25 or so...it would be worth it...then again...they might need us for more work....in a small company like ours....sometimes you have to weigh up the pros and cons....mind you...they're pretty quick at sending out final demands for adverts they've taken....what to do...decisions...decisions....lol...could do with the payment before Christmas though....merry christmas everyone