Legal procedure query

[blindswelledrat]

Advice with the following situation would be appreciated.
We recently took legal action on a client we had been dealing with on a long term basis. Due to cash issues they stopped paying or communicating so we began small claims action on the full balance which spanned a period of 5 months of invoices.
THey subsequently put in a defence that only 2/3rds of it was overdue, which was correct at the time of the defence being filed.
At the same time they paid the amount they admitted was overdue, but the rest is now overdue and they are still not communicating.
Should I stop the action and re-start a new one? Should I apply for a summary judgement on the old application? Other options?

Thanks in anticipation

[Collectingbrass]

blindswelledrat said:

Advice with the following situation would be appreciated.
We recently took legal action on a client we had been dealing with on a long term basis. Due to cash issues they stopped paying or communicating so we began small claims action on the full balance which spanned a period of 5 months of invoices.
THey subsequently put in a defence that only 2/3rds of it was overdue, which was correct at the time of the defence being filed.
At the same time they paid the amount they admitted was overdue, but the rest is now overdue and they are still not communicating.
Should I stop the action and re-start a new one? Should I apply for a summary judgement on the old application? Other options?

Thanks in anticipation

IANAL but I would have thought you would be better starting a new action to prevent them blowing smoke of having made payments against the old action already. That said, do you need to maintain a relationship with this client? Would selling the overdue invoices to a debt factor be a better strategy to retain this relationship, and / or a lower cost to get the amount owed?

[Nezquick]

There's no need to re-start the claim.

I deal with PI claims and on many occasions we can and often do agree (and pay) various heads of claim in the run up to a final hearing.

All you need to do is simply make the Court aware of the current position and highlight what is and isn't still in issue.

As the Claimant in your case, you are fully entitled to file and serve a "Reply to Defence" which needs to be filed with the Directions Questionnaire (if you receive one in your case - you might not do given it's a small claim).

[Cyberprog]

Have you also claimed for late payment charges & interest on the overdue stuff?

[Jasandjules]

Did the new fees arise AFTER you had lodged the first claim i.e. the invoice post dates the date you brought the first claim?

[blindswelledrat]

Jasandjules said:

Did the new fees arise AFTER you had lodged the first claim i.e. the invoice post dates the date you brought the first claim?

No, the invoices pre-dated the date of action but they were on 30 day terms hence some of them weren't due at that point.

[Jasandjules]

blindswelledrat said:

No, the invoices pre-dated the date of action but they were on 30 day terms hence some of them weren't due at that point.

Then your cause of action did not arise until after the claim had been lodged and accordingly you should bring a new claim for those new invoices.

Of course, you can and should write to the other side and advise them you will need to bring another claim and invite them to pay within seven days else they may have to pay another issuance fee etc.