Help Claim form recieved today.

[Indebt1]

Hi All

i had a small debt for under £200 ,

i recieved a statement on the 3rd Dec showing it was overdue i sent a chq which has not been cashed yet.

 

i have no prior warnings to this court action aside from end month statements,

the invoices were due for payment on the 10 oct and also 1st Nov.

 

they have now hit me with costs for £80 under the Ss 1a and 5 of the late payment act as well as interest a court fee of £15 and solicitors costs of £50,

 

i notice that they say on the final part that

" the claiment has complied with the practise direction (pre-action conduct), what does this mean?

 

how can i respond?

iany help would be most appriciated.....

[Undercover-Elsa]

Hi Indebt1,

Much depends on the nature of the debt.

Is it council Tax/Utility Bill/ Income tax etc or a debt which comes under the Consumer Credit act such as a credit card or loan?

Is it the original company or a debt collector who issued the claim?

If you could give a little more info it would help us to help you

Elsa x

[Indebt1]

Hi Elsa

 

It was payment for outstanding invoices. so does not fall under consumer credit act.

 

the claim form was sent via their solicitors.

 

i recieved a statement chasing on the 3rd of this month and actually wrote a chq which has just cleared the bank today

but obviously the chq was for the outstanding amounts onl,

without legal fees as i recieved the claim form only yesterday and its dated 3rd Dec.

should i dispute the claim because i have already paid it?

what happens to all the charges?

[Undercover-Elsa]

Hi,

More info on preaction protocols

They obviously haven't observed any.

Definitely dispute this claim.

I would first phone the court involved for advice, telling them that you have not received anything prior to this and that your payment was made as soon as you received the reminder.

See what they say, then you'll need to write to the company and insist that this case is dropped on those grounds.

 

Anyone else around to advise also?

If so, please jump in

 

Elsa x

[Indebt1]

as the check has been cashed what would happen if i just dispute as the claim has already been paid and then see what they come back with?

[DonkeyB]

If you can prove you paid before the claim was issued, then that is a full defence. Their failure to bank said funds quickly is their issue - did you send it recorded delivery?

 

You must defend it through the courts, whether online or in writing. You can acknowledege online that you will be defending which will give you a further 14 days while you get all the facts and proof together.

[Indebt1]

the check cleared yesterday which was the 9th we wrote the check on the 3rd upon recieving a statement from the claimant dated the 3rd December we wrote a check upon reciept.

court claim form was recieved on the 8th although dated the 3rd ,probably sent snail mail.

for preaction protocol there is alot of Jargon there what do i need to refer to?

your help is most appriciated.

[Indebt1]

[Indebt1]

i have read up on the Late payment compensation act and i have come across the following:

Does the right to compensation mean I can pass on the cost of my debt collector to my late paying customer?

No, under the terms of the late payment legislation, businesses can claim interest and compensation for debt recovery costs, this does not mean you can pass on all the costs of the third party collector. It works on a sliding scale depending on the size of the debt. Size of the unpaid debt Amount to be paid to the creditorUp to £999.99£40£1,000 - £9,999.99£70£10,000 and above £100

 

The solicitors letter states £80 can they be that wrong or am i not reading something right?

[Undercover-Elsa]

To be honest they sound like complete ripoff merchants. £80 "late payment compensation"??!!

They have sent you a statement/reminder but issued the Court Claim without giving you ANY time to pay?

Did it say on the statement how to pay and give a time scale eg 7 days?

Elsa x

[Indebt1]

Statement just reads **are overdue and strictly nett

please quote reference when remmiting payment.

statement was issued by the client- claim form was issued by Solicitors.

[Undercover-Elsa]

Hi again,

What date was on the statement you received on 3rd December, Indebt1?

[Undercover-Elsa]

Sorry, a bit confused as you said earlier that the statement was dated 3rd but also received on 3rd and payment sent same day...

[Indebt1]

i have requested 28 days, but in the meantime how do i defend ,anyone?