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County Court Claim Please Help Me


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Hello, I just stumbled upon this site, whilst google searching County Court Claims, I just wondered if anyone could give me some advise Im desperate and worried sick.

 

I have a very small business which is registered as limited company, I have been using a well known Courier company for the past 5 years for my business to import goods for resale. I have never missed a payment ever and always paid on time. about 5 months ago The Courier company changed the airline that my parcels came on and I noticed that my boxes were opened on a weekly basis and resealed with airline handeling tape.Small sized items of stock started to go missing starting at 1 per week, I thought that it was my suppliers making errors to begin with but it was soon happening every week and it increased meaning i was loseing about $50 per week. I called the courier company and they told me that i had to mark the delivery sheet as boxes as "damaged" and that they would look into it, I did this and they did nothing and it continued, I called again but this time I spoke to a manager who told me that I had to put a claim in writing which i did (and have the email read reciept as proof) but again I heard nothing about the missing stock.

 

I moved courier companies now and all is ok so far but I told the courier company above that I was witholding payment of my final invoice pending their investigation of my missing stock. They told me that I didnt follow correct procedures but I did everything that they told me to.

 

 

I have lost $652 of stock in 5 months and the bill that im owe is £893 (part carrage and part duty and taxes paid on my behalf), I know Im partly owe money to them and im willing to pay it but i dont think its fair that ive lost so much stock due to the thefts and If I pay in full them ive lost all that money.

 

The claim states that my part 7 claim is subject to an automatic orders piolet scheme effective from 1 october 2009 to 30 september 2010. From what i can see it says I must reply within 7 days:confused:

 

What should I do, Should I admit the claim and do a counter claim for the losses? I have images of damaged boxes and emails on file/copy letters.

 

Is it the whole thing that needs to be sent in 7 days or just the aknowlagement?

 

I have no other bad credit and im worried what will happen if i have to goto court.

 

forgot to say they are based in England and Im in scotland if that makes a difference

 

please help im worried sick

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Hi

 

It looks like you have not had any other replies. Can I just ask you a couple of questions:

 

1. I presume you have received a county court summons, or the equivalent in Scotland. Is that correct? or is it a copy of the form the courier company will send in to the court to start the process? or something else?

 

2. My experience is that if you receive a CC summons you have 14 days to respond if you admit the claim or 28 days to respond if you defend. I therefore wonder what it is you have received? Would you mind taking out personal details and posting it up.

 

My initial thoughts are these:

 

1. If the final invoice is for more than your counterclaim I would consider paying the difference to show willing.

 

2. I always think it is worth trying to resolve matters outside of the court system so it could be you should try and put together a complete record of your problems and write to the courier to see if they will be reasonable.

 

3. If that fails and you feel strongly enough about it then defend the summons. What will then happen is that a court date will be fixed and on the day you and the other party will each put your case. I think this will go to what is known as the small claims track and I think (subject to other CAGers confirming) that each party pays their own costs. That means that apart from one or two court fees the worst that would happen is that you would lose and have a CCJ against you. However, provided you paid within a month it would not show on your credit record.

 

Hope that helps and I do hope some other CAGers will come on and offer more specific advice and particularly Scottish advice.

 

Good luck.

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