Can they do this, is it legal.
Discussion
It came out for mediation again, other party ignored so it went back to Colchester court, they then decided it should be dealt with at Cambridge county court, so it was transferred there start of June, I rang them last Friday to be told they have not even looked at it yet, once they do it's at least 2 weeks before I will hear anything.
They certainly don't hurry do they.
They certainly don't hurry do they.
Interesting, it's usually the defendant who moves it to their nearest court to make it a bit more awkward for the claimant.
The fact they are refusing to mediate will count agaist them in the end. The law may be slow, and it may be an ass, but it will eventually get there if you are in the right and can prove it. Just tuck in for the long game.
The fact they are refusing to mediate will count agaist them in the end. The law may be slow, and it may be an ass, but it will eventually get there if you are in the right and can prove it. Just tuck in for the long game.
Quattromaster said:
So, the dealer is defending the claim, putting as his defence "We dispute the said claim as the amount of £3000 owing to (me) was contra settled against our invoice 123456 (attached) for the sum of £3000,The claimant is well aware of our invoice and at no time dispute it and the fact that the monies were contra settled "
This is all great stuff.Next time I get someone to do work for me and rack up a few grand of invoices, all I need do is create an invoice on my system for the same amount, and it all goes away!
I think they've found the smoking gun for many people's financial problems.
Back to the real world:
If the Defence is as short as is stated, it has serious problems. They don't have the right not to pay you on the basis that they have created an arbitrary amount for an alleged failure.
Nor, I would argue does this amount to a Defence, and my gut feeling is that the Judge would not likely want to look into the details of the damage issue, as this is not part of the Defence. It should be an entirely separate claim, if they want to make it. They could have made a counterclaim in response, but they've not done this.
In short, (hopefully if your solicitor is minded the same as myself) the claim is around unpaid invoices, I would doubt if a Judge entertains the goings on of an entirely separate issue which isn't even stated in the Defence. Even if the Judge decides otherwise, they are going to have to file some seriously unequivocal evidence to support this invoice.
To me it smells of bulls
t, and if the Judge smells the same, then they'll be fighting a losing battle to prove otherwise.Not sure if it's too late in your claim, but has your solicitor considered an application for summary judgment? As that's a shorter hearing, the timeframe is waiting weeks rather than months.
Edited by JustinP1 on Tuesday 17th June 21:04
I can't see anything that would entitle them to what they have claimed from you, I've had a read back through, and excuse me if I've missed it, but what did their defence (if any) amount to? Either way, their PDI should have covered the torque check, the customer should have been advised to have them checked (or someone should have done the required distance in the car then re-checked them if the customer was going a long way), and none of this should have landed at your doorstep.
The customer didn't need any of what has been done, wheel nuts come loose. It happens, I've had it happen to me (snapped a stud off, and lost a few nuts) but sorted it out and got back on the road - my own fault for not checking them.
The customer didn't need any of what has been done, wheel nuts come loose. It happens, I've had it happen to me (snapped a stud off, and lost a few nuts) but sorted it out and got back on the road - my own fault for not checking them.
From my experience of this the courts are easy to manipulate by either party, and it is very easy for the defendant to try to wear you down often by doing nothing and making you run around.
On the other hand it is illegal to use the legal process to cause a nuisance to the other party, when I was partner in a business and was chasing for money we hand the same run around, I forget the process but we were able to speak the judge and highlight or concern that they where abusing the process which stopped some of the running around. We used the small claims on line system and did it ourselves, they where paying lawyers so it did not take long for their legal fees to ramp up and generally when it got the point of them spending more than we where claiming they tended to settle.
When making the small claims who do you name as the other party I often found it was best to put there MD down as it got more of a reaction.
On the other hand it is illegal to use the legal process to cause a nuisance to the other party, when I was partner in a business and was chasing for money we hand the same run around, I forget the process but we were able to speak the judge and highlight or concern that they where abusing the process which stopped some of the running around. We used the small claims on line system and did it ourselves, they where paying lawyers so it did not take long for their legal fees to ramp up and generally when it got the point of them spending more than we where claiming they tended to settle.
When making the small claims who do you name as the other party I often found it was best to put there MD down as it got more of a reaction.
e21jason said:
When making the small claims who do you name as the other party I often found it was best to put there MD down as it got more of a reaction.
If it's a Ltd Co, it must be in the name of the company, and served at the registered office.Although putting the MD down as the defendant may make them jump, you would not win a claim like that as the defence would be that he has never had a contract with you, and your claim would be struck out.
JustinP1 said:
e21jason said:
When making the small claims who do you name as the other party I often found it was best to put there MD down as it got more of a reaction.
If it's a Ltd Co, it must be in the name of the company, and served at the registered office.Although putting the MD down as the defendant may make them jump, you would not win a claim like that as the defence would be that he has never had a contract with you, and your claim would be struck out.
xuy said:
JustinP1 said:
e21jason said:
When making the small claims who do you name as the other party I often found it was best to put there MD down as it got more of a reaction.
If it's a Ltd Co, it must be in the name of the company, and served at the registered office.Although putting the MD down as the defendant may make them jump, you would not win a claim like that as the defence would be that he has never had a contract with you, and your claim would be struck out.
Then it's back to you, six weeks later to pay the court costs again for another claim.
Simpo Two said:
The issue is with a limited company, therefore sue the company. Suing the director's wife is not only pointless but stupid; she doesn't owe anything. And neither does the director; he is only an employee of the company.
It may well be pointless and stupid, however 100% success when picking on a "non active" director recovering £45,000 (circa 30 claims) in the last 24 months makes me think otherwise xuy said:
Simpo Two said:
The issue is with a limited company, therefore sue the company. Suing the director's wife is not only pointless but stupid; she doesn't owe anything. And neither does the director; he is only an employee of the company.
It may well be pointless and stupid, however 100% success when picking on a "non active" director recovering £45,000 (circa 30 claims) in the last 24 months makes me think otherwise Are you a collections firm?
JustinP1 said:
xuy said:
Simpo Two said:
The issue is with a limited company, therefore sue the company. Suing the director's wife is not only pointless but stupid; she doesn't owe anything. And neither does the director; he is only an employee of the company.
It may well be pointless and stupid, however 100% success when picking on a "non active" director recovering £45,000 (circa 30 claims) in the last 24 months makes me think otherwise Are you a collections firm?
Well, game on, here we go, letter arrived today.
Hearing booked for 10am on 21st August at Cambridge county court, as long as I ring them and pay the £170 fee.
I have too send the court,and defendant copies of all my notes,invoices,emails, in fact anything I plan to use in my favour on the day, the defendant is also to do the same.If they will is another matter, they have refused to get involved at all so far,bar a scribble on defence sheet say I agreed to money being deducted.
Can't ruddy well wait.
Hearing booked for 10am on 21st August at Cambridge county court, as long as I ring them and pay the £170 fee.
I have too send the court,and defendant copies of all my notes,invoices,emails, in fact anything I plan to use in my favour on the day, the defendant is also to do the same.If they will is another matter, they have refused to get involved at all so far,bar a scribble on defence sheet say I agreed to money being deducted.
Can't ruddy well wait.
xuy said:
It may well be pointless and stupid, however 100% success when picking on a "non active" director recovering £45,000 (circa 30 claims) in the last 24 months makes me think otherwise
Fair enough, you deal with idiots who are idiots by virtue of paying when they are not obliged to Quattromaster said:
Hearing booked for 10am on 21st August at Cambridge county court, as long as I ring them and pay the £170 fee.
I have too send the court,and defendant copies of all my notes,invoices,emails, in fact anything I plan to use in my favour on the day, the defendant is also to do the same.If they will is another matter, they have refused to get involved at all so far,bar a scribble on defence sheet say I agreed to money being deducted.
Of which they have no proof.I have too send the court,and defendant copies of all my notes,invoices,emails, in fact anything I plan to use in my favour on the day, the defendant is also to do the same.If they will is another matter, they have refused to get involved at all so far,bar a scribble on defence sheet say I agreed to money being deducted.
Do what Cuneus says. Go in 100% prepared with everything in apple-pie order. Then you will not only feel more confident but can find anything you need to quickly - brains can go to mush under pressure.
I can't pre-empt the outcome but it seems you have done everything right, and the defendant has been lazy and foolish. By trying to make it as difficult as possible for you to proceed, ultimately it will all land in his face - eg the hearing fee will be added to the award if you win. The judge will look at all the evidence and from that make his decision.
Well, 7 days until court date.
Made up a pack of 17 documents, and a full breakdown of what has happened so far, all numbered up and every bit of info relating to case.
Sent copies to both the court and defendant , before the 14 days period was up, and from the defendant to myself/court, sweet FA, nothing, meaning they can't now use anything in court as evidence.
I can see them not even turning up, me hopefully getting judgement, them not paying, me sending bailiffs in, them appealing and away we go again.
Watched up bailiffs programme last week, some guy had up to 7 million of debt, screwed people out of savings, bailiffs turned up to repo his car, sorry pal, I've applied for bankruptcy,they leave empty handed, he still drives round in his jag, utter madness.
Made up a pack of 17 documents, and a full breakdown of what has happened so far, all numbered up and every bit of info relating to case.
Sent copies to both the court and defendant , before the 14 days period was up, and from the defendant to myself/court, sweet FA, nothing, meaning they can't now use anything in court as evidence.
I can see them not even turning up, me hopefully getting judgement, them not paying, me sending bailiffs in, them appealing and away we go again.
Watched up bailiffs programme last week, some guy had up to 7 million of debt, screwed people out of savings, bailiffs turned up to repo his car, sorry pal, I've applied for bankruptcy,they leave empty handed, he still drives round in his jag, utter madness.
Quattromaster said:
Well, 7 days until court date.
Made up a pack of 17 documents, and a full breakdown of what has happened so far, all numbered up and every bit of info relating to case.
Sent copies to both the court and defendant , before the 14 days period was up, and from the defendant to myself/court, sweet FA, nothing, meaning they can't now use anything in court as evidence.
I can see them not even turning up, me hopefully getting judgement, them not paying, me sending bailiffs in, them appealing and away we go again.
Watched up bailiffs programme last week, some guy had up to 7 million of debt, screwed people out of savings, bailiffs turned up to repo his car, sorry pal, I've applied for bankruptcy,they leave empty handed, he still drives round in his jag, utter madness.
If you get judgement send in the High Court Bailiffs, its £60 and they are much better than county court bailiffsMade up a pack of 17 documents, and a full breakdown of what has happened so far, all numbered up and every bit of info relating to case.
Sent copies to both the court and defendant , before the 14 days period was up, and from the defendant to myself/court, sweet FA, nothing, meaning they can't now use anything in court as evidence.
I can see them not even turning up, me hopefully getting judgement, them not paying, me sending bailiffs in, them appealing and away we go again.
Watched up bailiffs programme last week, some guy had up to 7 million of debt, screwed people out of savings, bailiffs turned up to repo his car, sorry pal, I've applied for bankruptcy,they leave empty handed, he still drives round in his jag, utter madness.
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