Letter Before Action

doctormick wrote: »

I've been in dispute with a removal company who decided after the move to up the fee by about 75% of the original estimate.

I have since received a summons along with the claim for costs and a further £600 of interest but have never received a letter before action spelling out the fact that interest costs etc would be added

There's a difference between an 'estimate' (an informed guess at what the job should cost) and a 'quote' (exactly what will be charged).

What was the reason for the actual cost of the job exceeding the estimate?

From what you say you have received a court claim (summons). You need to deal with that as a priority. You must file the Acknowledgment of Service stating that you "intend to defend all of the claim" (if you do).

If you make a part-admisssion you may still get a CCJ.

If the Claimant's solicitors have sent you documentation belonging to a third party not involved in this matter, then they may have been in breach ofthe Date Protection Act/GDPR which is an issue for the ICO.

This may not have any real influence on these current proceedings albeit it could contribute to an overall conduct issue when it comes to costs. It's hard to say without knowing the full facts.

Di

doctormick wrote: »

To complicate matters there was also an original agreement in place that we would trade services (I run Facebook marketing for businesses) so that my costs would be covered by my doing work for the removal company which the removal company reneged on after the event and then demanded payment.

Was that original agreement in writing or could you 'swear' that an oral contract existed?

Maybe get some advice from the CAB as to whether you would have grounds for a Counterclaim if it was 'part and parcel' of the overall agreement etc.

After the Defence is filed the court should give the Claimant 28 days to inform them if they (Claimant) wish to continue with the proceedings.

If they do then you should be sent a Directions Questionnaire to complete which gives the option to accept/attempt free telephone Mediation (if the value of the claim is less than £10k) where you can come to an understanding/settlement which is legally binding but not a CCJ unless either party breach the settlement.

Di

doctormick wrote: »

What do you think re the fact they have lumped on £600 interest despite not warning me this may be so?

That may depend on the Terms & Conditions of the original agreement. It's likely to have included financial provision (interest added) for late payment. Did it?

Not sending you a Letter Before Claim is a procedural error which the court may consider when deciding on costs if you successfully defend the claim.

As a Litigant in Person you can charge £19 per hour for your time. However in the Small Claims track (under £10k) there is no automatic entitlement to costs win or lose.

Di