small claims court & notice

[dcw@pr]

I have neglected to pay an invoice from a few months back for something, I do not deny that I owe the money, and I will pay it, but it was forgotten. My fault entirely.

But I hadn't received any letters, emails or phone calls from the company until yesterday when a claim form from the small claims court dropped through the letterbox. I thought it was necessary to give warning that court action was going to happen before it did?

I wish they had bothered to email me first...

[jamesuk28]

A 7 day notice / letter before action should be sent by the claimant or their representatives before commencing court proceedings.

However it can be sent via normal mail (not recorded or registered post) so the claimant will claim that it was sent and will be able to provide a copy. So if you claim not to have recieved it and given you owe the debt, its unlikely a Judge will believe you whether or not you are telling the truth.

[Piglet]

Has the Claim actually been issued or have they just sent you a copy of the form prior to it being issued to chivvy you along?

Seems strange that they have really not chased you at all for the debt but have then stumped up the Court fee.

[dcw@pr]

thanks james - what if that notice is not given, does that mean the claim cannot go ahead? Is this actually law, or just accepted practice?

[JustinP1]

dcw@pr said:

thanks james - what if that notice is not given, does that mean the claim cannot go ahead? Is this actually law, or just accepted practice?

The claim can proceed, however if you were to argue that their court costs should not be awarded as you received no warning, that would probably be accepted.

If you send the cheque to them NOW, with a covering letter with regard to receiving no warning then this will most likely be accepted.

[dcw@pr]

I have actually received the papers from the court, not from them. I have spoken to the lady in charge of the accounts at the company who says they had some solicitors send a letter warning of the court action, therefore they want me to pay for the court fees too.

[superlightr]

JustinP1 said:

dcw@pr said:

thanks james - what if that notice is not given, does that mean the claim cannot go ahead? Is this actually law, or just accepted practice?

The claim can proceed, however if you were to argue that their court costs should not be awarded as you received no warning, that would probably be accepted.

If you send the cheque to them NOW, with a covering letter with regard to receiving no warning then this will most likely be accepted.

Unless it was from me or Parrot of Doom !

[JustinP1]

dcw@pr said:

I have actually received the papers from the court, not from them. I have spoken to the lady in charge of the accounts at the company who says they had some solicitors send a letter warning of the court action, therefore they want me to pay for the court fees too.

Well, tell them that their solicitors didn't send you anything.

You are happy to pay now... but, if they really really want to go to court you are willing to state that not only have you offered full payment, you have received no warning.

As an alternative, I would offer that if their solicitors can show proof that these warnings were delivered - for example Recorded Delivery then it is of course your error .

It is standard legal practice to send such final warning notices by recorded delivery for this very reason, solicitors of course know this!

[jamesuk28]

The letter before action does not have to be sent recorded though, normal post will suffice. Its your word against theirs and on experience the claimant usually comes out on top.

You could point out to the claimant that either they can accept the original amount now in full and final or you will elect to defend the claim, drag this out for 6 months and then pay before the final hearing. You will obviously incur the court costs if you do this plus accrued interest, but most people want paying now not in six months.