Abusive Ex-Partner bringing small claim against me

BoBaggins

So my ex-p changed a couple of tyres for me as a favour - he works in a garage and had park worn tyres in the size I needed. We (I helped him as I’m a mechanic too) did this after hours at the garage - I asked him what they cost so I could pay, he said no it's fine. 

We have since broken up and now I've received a small claim through the post. 

It basically says that an invoice was raised and the garage has been chasing me since August. 

Thing is they are saying the work was carried out on the 1st August but it actually was done on the 2nd August. 

I've never received any correspondence from the garage or him for that matter asking for payment. This is the first I've heard about them wanting any money. 

I looked online and they haven't followed the pre-action procedure whereby court should be the last resort. 

Will this be thrown out? I've disputed the claim. 

Throughout the whole of our relationship he was abusive, coercive and violent. He had some sort of hold over me and was extremely angry when I finally had the courage to end it. 

Ganga

Go to the garage and speak to his boss and tell him /her the full story and get it sorted out.

Tucosalamanca

What garage issues invoices and lets you drive off without paying?
Then, several months later issues an MCOL to recover the cost of two part worn tyres?
This isn't normal behaviour.

Is the claim genuine and who issued it?

Any correspondence you have between yourself and ex could be very useful.
Perhaps take screenshots to be sure that you have records.

I would approach the garage in the first instance, I find it hard to believe that they're issuing small claims.

BoBaggins

Tucosalamanca said:

What garage issues invoices and lets you drive off without paying?
Then, several months later issues an MCOL to recover the cost of two part worn tyres?
This isn't normal behaviour.

Is the claim genuine and who issued it?

Any correspondence you have between yourself and ex could be very useful.
Perhaps take screenshots to be sure that you have records.

I would approach the garage in the first instance, I find it hard to believe that they're issuing small claims.

Thank you for seeing how ridiculous this is - the initial cost for the tyres is apparently £50 and then court fees are £35. The whole claim is for £85! It is genuine as I’ve had to go on the HM Courts & Tribunals website. It’s gathering a penny a day interest too. 

I’m so hoping it gets thrown out but he’ll do anything he can to get back at me including reporting me to Social Services for child neglect. They noted it as malicious but I don’t know what’s next. 

Slinky

Did he 'acquire' the tyres? Have they done an audit and found they are short? Is he now passing the buck back to you?

DullGreyGuy

Not following protocol won't normally get the claim thrown out but makes it much less likely that they'd be awarded costs if they win

Just to be clear, they were your partner at the time of doing the job and became your ex afterwards? Your wording is unclear which isn't going to be great when it comes to writing a defence 

BoBaggins

DullGreyGuy said:

Not following protocol won't normally get the claim thrown out but makes it much less likely that they'd be awarded costs if they win

Just to be clear, they were your partner at the time of doing the job and became your ex afterwards? Your wording is unclear which isn't going to be great when it comes to writing a defence 

Sorry yes, he was my partner at the time but we have since broken up. He didn’t take it well. 

Exodi

I guess to run through the motions of defending the claim.

Do you have any evidence of your ex stating they were a gift? This would make it a pretty open/shut case. Judges give short shrift to people deciding that gifts were actually loans after a break up. They were not born yesterday.

artyboy

I would also be calling out your ex as a vexatious litigant in your defence - it may help with getting any expenses awarded against him...

pinkshoes

Does he still work at this garage?

I'd go to the garage and explain the situation, make it clear that your ex had said no payment was due, you had received no invoice at all, so were very surprised to get a court summons when you had never even had a bill. I'd then say if money is owed and the ex didn't pay for the tyres, then you're happy to pay the £50 for them. Take a bank card to pay, NOT cash as you'll need a record. I'd also audio record the entire dialogue so you can transcribe it later. 

If they refuse to let you pay for the tyres and insist on taking it to court, then just defend the court claim. 

Respond to the claim saying the tyres were fitted on 02 August 2023, you fitted them yourself with the help of your ex who worked at the garage, your ex said there was no charge, you never received any invoice and you therefore had no idea any money was due. State that as soon as you received the court claim, you went to the garage to pay the £50 which they accepted/declined. (If they declined, then I'd summarise using the audio recording the dialogue between you and the garage).

As above, go through any phone messages that might indicate that no payment was needed.

artyboy

pinkshoes said:

Does he still work at this garage?

I'd go to the garage and explain the situation, make it clear that your ex had said no payment was due, you had received no invoice at all, so were very surprised to get a court summons when you had never even had a bill. I'd then say if money is owed and the ex didn't pay for the tyres, then you're happy to pay the £50 for them. Take a bank card to pay, NOT cash as you'll need a record. I'd also audio record the entire dialogue so you can transcribe it later. 

If they refuse to let you pay for the tyres and insist on taking it to court, then just defend the court claim. 

Respond to the claim saying the tyres were fitted on 02 August 2023, you fitted them yourself with the help of your ex who worked at the garage, your ex said there was no charge, you never received any invoice and you therefore had no idea any money was due. State that as soon as you received the court claim, you went to the garage to pay the £50 which they accepted/declined. (If they declined, then I'd summarise using the audio recording the dialogue between you and the garage).

As above, go through any phone messages that might indicate that no payment was needed.

I think any offer to pay at this stage is incredibly unwise - if they refuse and go to court, they could then put in their argument that you clearly accept that there is a debt as you made an offer to them. Which they will then say was inadequate/derisory, hence their need to pursue this in court.