Defendant disputes my claim for missed invoice, shall I proceed?

JetpackVelociraptor

OP, get yourself a solicitor with an actual physical address and ask them to draft a response. What you've got there is just going to cause more trouble!

Do you have any proof that he is the person you should be pursuing for the debt? Is the company still trading, is it Limited and is that the registered address? Have you tried sending a copy as an email to the address he's given you?

It might be it was a family business and he no longer works there, maybe it's actually his mum's business. Or it might be he's just trying to dodge the payment. Get a proper solicitor to write a scary letter and send copies to him, his mum, the email address for the company, and any other associated addresses connected with the company. Somebody is bound to respond.

tightauldgit

I have no idea what any of this thread is referring to ... but that's one hell of a letter. I didn't know Lionel Hutz was still practicing. 

lincroft1710

textbook said:

the_lunatic_is_in_my_head said:

textbook said:

 He was the one who paid me and it's his mother's address on all the invoices.    

Hello OP, who did you have a contract with for the service, him or his mother?

With him.

 Apparently he's lying about the employer's agent bit and I've received legal advice to send this letter-

mr xxxxx

address

Me

trading as xxxxx

Address

county court claim number xxxxx

following legal advice upon your filed defence i can inform you thus 

your filed statement is as you know wholly false and can be proven so with electronic communication which will be presented as evidence 

therefore i can offer you the opportunity to settle your account fully and finally without prejudice for £1000 representing the principle in claim, interest, fees and costs.

if you choose to reject my offer the matter will proceed to trial where i shall request committal proceedings for your false statement in tort deceit and contempt and seek exemplary damages of £5000 and enforce judgement and pursue criminal theft by deception and misrepresentation 

at law 

xxxx

I think if I received a letter such as this, my response would be "I would refer to the reply given in Arkell versus Pressdram."

eskbanker

lincroft1710 said:

I think if I received a letter such as this, my response would be "I would refer to the reply given in Arkell versus Pressdram."

The letter was probably crafted by the esteemed firm of Sue, Grabbit & Runne....

textbook

JetpackVelociraptor said:

OP, get yourself a solicitor with an actual physical address and ask them to draft a response. What you've got there is just going to cause more trouble!

Do you have any proof that he is the person you should be pursuing for the debt? Is the company still trading, is it Limited and is that the registered address? Have you tried sending a copy as an email to the address he's given you?

It might be it was a family business and he no longer works there, maybe it's actually his mum's business. Or it might be he's just trying to dodge the payment. Get a proper solicitor to write a scary letter and send copies to him, his mum, the email address for the company, and any other associated addresses connected with the company. Somebody is bound to respond.

 He's the person alright, it isn't a limited company as we checked companies house.  Not his mum's business, yes, he's trying to dodge the payment.  It's only for £500 so don't think it's worth getting a solicitor involved.   I've proceeded on government site.   This guy who's been advising me is pretty sure the defendants lying and can easily be proved so why not threaten him?    The guy who's advising me has a good history of getting tradesman their money.   Why do you think the letter will cause more trouble?

I was told to go on land registration government site.   To find out if he owns propertie on title deeds and title plan-  , why is he asking this?   Is this to see if he has assets to pay the money?

Okell

textbook said:

JetpackVelociraptor said:

OP, get yourself a solicitor with an actual physical address and ask them to draft a response. What you've got there is just going to cause more trouble!

Do you have any proof that he is the person you should be pursuing for the debt? Is the company still trading, is it Limited and is that the registered address? Have you tried sending a copy as an email to the address he's given you?

It might be it was a family business and he no longer works there, maybe it's actually his mum's business. Or it might be he's just trying to dodge the payment. Get a proper solicitor to write a scary letter and send copies to him, his mum, the email address for the company, and any other associated addresses connected with the company. Somebody is bound to respond.

... It's only for £500 so don't think it's worth getting a solicitor involved.   I've proceeded on government site.   This guy who's been advising me is pretty sure the defendants lying and can easily be proved so why not threaten him?    The guy who's advising me has a good history of getting tradesman their money.   Why do you think the letter will cause more trouble?...

For a start you're claiming in respect of an invoice for £500 and you're threatening to sue him for £1000?  What costs and fees (real costs and fees) have you actually run up since the invoice wasn't paid?

And the threat that you will "request committal proceedings for your false statement in tort deceit and contempt and seek exemplary damages of £5000 and enforce judgement and pursue criminal theft by deception and misrepresentation" in the small claims court is, frankly, laughable.

It's never a good idea to make empty threats against people that you can't follow up on if necessary.  In fact it's never a good idea to make threats of any sort at any time unless you are threatening to sue in a Letter Before Claim. 

Do you actually know for a fact whether your mate who has been giving "legal advice" to you has had any success at all in the past?

user1977

textbook said:

JetpackVelociraptor said:

OP, get yourself a solicitor with an actual physical address and ask them to draft a response. What you've got there is just going to cause more trouble!

Do you have any proof that he is the person you should be pursuing for the debt? Is the company still trading, is it Limited and is that the registered address? Have you tried sending a copy as an email to the address he's given you?

It might be it was a family business and he no longer works there, maybe it's actually his mum's business. Or it might be he's just trying to dodge the payment. Get a proper solicitor to write a scary letter and send copies to him, his mum, the email address for the company, and any other associated addresses connected with the company. Somebody is bound to respond.

Why do you think the letter will cause more trouble?

Because it's a load of pseudolegal nonsense and will make you seem like a complete nutjob. Do you really think you can go into a small claims court and demand that they arrest the other guy?

textbook

Okell said:

textbook said:

JetpackVelociraptor said:

OP, get yourself a solicitor with an actual physical address and ask them to draft a response. What you've got there is just going to cause more trouble!

Do you have any proof that he is the person you should be pursuing for the debt? Is the company still trading, is it Limited and is that the registered address? Have you tried sending a copy as an email to the address he's given you?

It might be it was a family business and he no longer works there, maybe it's actually his mum's business. Or it might be he's just trying to dodge the payment. Get a proper solicitor to write a scary letter and send copies to him, his mum, the email address for the company, and any other associated addresses connected with the company. Somebody is bound to respond.

... It's only for £500 so don't think it's worth getting a solicitor involved.   I've proceeded on government site.   This guy who's been advising me is pretty sure the defendants lying and can easily be proved so why not threaten him?    The guy who's advising me has a good history of getting tradesman their money.   Why do you think the letter will cause more trouble?...

For a start you're claiming in respect of an invoice for £500 and you're threatening to sue him for £1000?  What costs and fees (real costs and fees) have you actually run up since the invoice wasn't paid?

And the threat that you will "request committal proceedings for your false statement in tort deceit and contempt and seek exemplary damages of £5000 and enforce judgement and pursue criminal theft by deception and misrepresentation" in the small claims court is, frankly, laughable.

It's never a good idea to make empty threats against people that you can't follow up on if necessary.  In fact it's never a good idea to make threats of any sort at any time unless you are threatening to sue in a Letter Before Claim. 

Do you actually know for a fact whether your mate who has been giving "legal advice" to you has had any success at all in the past?

Lots of success.    

textbook

Think it;s criminal because he's lied on a government form I guess.   He clearly has lied to duck payment.  Can anyone confirm how to electronically check this however?  I put what he claims he is on first post.

Anyhow, haven't sent the letter yet.  He wants me to check if he owns properties, what's the reason for this?   I need to go on landreg.gov-  went here-

https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

His mother owns her house.   Think he wanted me to go to companies house to find other addresses

sheramber

The guy who's advising me has a good history of getting tradesman their money

Do you have proof of that or is that based on claims on the internet which may or may not be  genuine.

How much dod you pay him to write that?