Court claim (aka small claims court)
Discussion
Hi Everyone, I have a quick question about a small court claim if anyone can help, apologies, my terminology and knowledge is from Google so will likely be off the mark.
I have decided to send a Private Limited Company, a Letter Before Legal Action asking for payment within 14 days or I will apply to the claims court.
The question is, who and where do I send my letter to?
The company is based in Leeds and the person I am in dispute with is the accounts team rather than the director (it’s a massive company). On Companies House the registered address is one of those buildings in London that has 10,000 companies registered to the basement and the Directors are down as residents of Guernsey.
If I send my letter to the London address I doubt anyone will read it or know what I am talking about, but if I send it to the actual business in Leeds will this compromise any future small claims as they are not the directors or registered office. Google seems to suggest the claim would need to be against the directors or business and use their registered address.
This isn’t a cowboy company, I have just hit a brick wall with the accounts team who cant get past computer says no, so they can’t fathom how to pay the money owed and they are now ignoring me.
Ideal scenario is they just pay the money, dont want this to turn into a milkround scenario.
Amount is £1140
Any advice appreciated.
I have decided to send a Private Limited Company, a Letter Before Legal Action asking for payment within 14 days or I will apply to the claims court.
The question is, who and where do I send my letter to?
The company is based in Leeds and the person I am in dispute with is the accounts team rather than the director (it’s a massive company). On Companies House the registered address is one of those buildings in London that has 10,000 companies registered to the basement and the Directors are down as residents of Guernsey.
If I send my letter to the London address I doubt anyone will read it or know what I am talking about, but if I send it to the actual business in Leeds will this compromise any future small claims as they are not the directors or registered office. Google seems to suggest the claim would need to be against the directors or business and use their registered address.
This isn’t a cowboy company, I have just hit a brick wall with the accounts team who cant get past computer says no, so they can’t fathom how to pay the money owed and they are now ignoring me.
Ideal scenario is they just pay the money, dont want this to turn into a milkround scenario.
Amount is £1140
Any advice appreciated.
Send it to the registered address
If they don't check their mail and consequently aren't able to defend against your claim - more fool them.
If they do check their mail, it's on them to find out who does know about it and to deal with it.
Their potential failure to action either of the above scenarios aren't your problem.
If they don't check their mail and consequently aren't able to defend against your claim - more fool them.
If they do check their mail, it's on them to find out who does know about it and to deal with it.
Their potential failure to action either of the above scenarios aren't your problem.
Muzzer79 said:
Send it to the registered address
If they don't check their mail and consequently aren't able to defend against your claim - more fool them.
If they do check their mail, it's on them to find out who does know about it and to deal with it.
Their potential failure to action either of the above scenarios aren't your problem.
This, although I would probably also send a copy to the accounts department as well, if you have the address.If they don't check their mail and consequently aren't able to defend against your claim - more fool them.
If they do check their mail, it's on them to find out who does know about it and to deal with it.
Their potential failure to action either of the above scenarios aren't your problem.
hunton69 said:
I’m confused why are you in dispute with a director they are an employee of the company.
I take it you did work for a Ltd company you sent an invoice which they have not paid.
Your dispute is with the company
That was my point; you are in dispute with the company entity, not Joe Blogs in accounts.I take it you did work for a Ltd company you sent an invoice which they have not paid.
Your dispute is with the company
Although somewhere they’ll no doubt say they don’t accept service of documents by email, really your letter before action can be copied in to whoever you are dealing with, this has a couple of advantages, potentially this will elicit the required response and secondly if it doesn’t, they will struggle to say they didn’t know the letter was on its way.
The idea of them not reading the post and you getting a summary judgment is a problem because, once you get it, they will (if they dispute the claim) just apply to set it aside and it’s highly likely that would happen pending a hearing.
Email copies are good as whoever gets it has to tell someone as otherwise they’re blamed for any default judgement
Make clear on the email this is a copy only that the original has gone to whatever address
The idea of them not reading the post and you getting a summary judgment is a problem because, once you get it, they will (if they dispute the claim) just apply to set it aside and it’s highly likely that would happen pending a hearing.
Email copies are good as whoever gets it has to tell someone as otherwise they’re blamed for any default judgement
Make clear on the email this is a copy only that the original has gone to whatever address
Although there are formalities for service of a claim form, sending a letter before action is really just a courtesy designed to avoid unnecessary legal proceedings (ignoring pre-action protocols, legal pedants).
As others have said, the claim is likely against the company, so send the LBA by post to the registered office and email to people that might do something . Write : by email and by post on the top and put the ro address and then the email addresses you are sending it to.
Send it to the bloke in accounts too and copy it to someone that might do something about it - find the head of legal or general counsel’s name from LinkedIn and determine their email.
If your claim is obviously good they will want to get rid of it and will find a way to authorize it.
As others have said, the claim is likely against the company, so send the LBA by post to the registered office and email to people that might do something . Write : by email and by post on the top and put the ro address and then the email addresses you are sending it to.
Send it to the bloke in accounts too and copy it to someone that might do something about it - find the head of legal or general counsel’s name from LinkedIn and determine their email.
If your claim is obviously good they will want to get rid of it and will find a way to authorize it.
A letter before action is required "in accordance with the Practice Direction on Pre-Action Conduct and Protocols (“PDPACP”) pursuant to the Civil Procedure Rules 1998 (as amended)". (That's quoted from a solicitor's letter). If the court is told that you didn't send one they would view it poorly. There are examples of lba's to be found on line.
Email it to the company's general email address and send it in the post. Include any supporting paperwork you have as you need to be concise.
There is no need to send it to the registered office.
A claim only needs to be issued to the trading address.
Make sure that you know the correct registered name of the company. You cannot sue using a trade name.
The other thing is to understand in real world terms in what part of the Court system your claim would be heard, if it's a small claim within the £10,000 limit, it's more informal so just use common sense and be polite.
My wife was owed money by a large company and I wrote a letter before action but gave them 21 days to resolve it, making clear I was aware that they would need time to confirm internally the debt was actually due and make arrangements etc. I also pointed out that I'd show it to the court if it proceeded as 21 days was ample to investigate.
I got an email on day 18 from their legal department with a letter to sign and asking for bank details.
7 Day letters are great except big organisations don't move so quick and you end up extending anyway and then look weak.
My wife was owed money by a large company and I wrote a letter before action but gave them 21 days to resolve it, making clear I was aware that they would need time to confirm internally the debt was actually due and make arrangements etc. I also pointed out that I'd show it to the court if it proceeded as 21 days was ample to investigate.
I got an email on day 18 from their legal department with a letter to sign and asking for bank details.
7 Day letters are great except big organisations don't move so quick and you end up extending anyway and then look weak.
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