Small Claim Against Company

[gertysingh]

Hi all.

 

There is a whole long story but to cut the story short, I sent a company 3 correspondence. The last 2 correspondences contained invoices for my time. After nearly a month of no response, I decided to take them to the small claims. Instantly a director has responded to me by email and says they will not be paying those invoices. After a number of email exchanges and me repeatedly asking if the company had received my invoices, he finally said they did not receive my correspondence and warned me to drop the case against them otherwise it would result in costs to me!

 

I have a certificate of posting for all correspondences and invoices. In court would a judge say that it is possible that the company did not receive the correspondence and hence invalidate my claim?

[BankFodder]

Please give us more detail including the value of the claim

[Ganymede]

Hi all.

 

There is a whole long story but to cut the story short, I sent a company 3 correspondence. The last 2 correspondences contained invoices for my time. After nearly a month of no response, I decided to take them to the small claims. Instantly a director has responded to me by email and says they will not be paying those invoices. After a number of email exchanges and me repeatedly asking if the company had received my invoices, he finally said they did not receive my correspondence and warned me to drop the case against them otherwise it would result in costs to me!

 

I have a certificate of posting for all correspondences and invoices. In court would a judge say that it is possible that the company did not receive the correspondence and hence invalidate my claim?

 

 

 

I assume your "invoices" were for your time dealing with correspondence with said company?

 

If so I doubt you'll be successful with your claim TBH.

[gertysingh]

Ok - thanks - however would a judge accept a company denying receiving post?

[wonkeydonkey]

It would be good if you could feed us a little more info...eg. are you owed money for work done?

[Ganymede]

It would be good if you could feed us a little more info...eg. are you owed money for work done?

 

 

Good point. Gerty were you contracted to provide a service to these companies?

[gertysingh]

Sorry chaps - can't say too much at the moment. I will let you know once all has been and gone.

 

It appears that a certificate of posting will be accepted in court And if it isn't it will potentially mean everyone can say they never received stuff through the post ;-) and you can cite my case!

[Ganymede]

Sorry chaps - can't say too much at the moment. I will let you know once all has been and gone.

 

It appears that a certificate of posting will be accepted in court And if it isn't it will potentially mean everyone can say they never received stuff through the post ;-) and you can cite my case!

 

 

You don't need to tell us any details, just was this a buisness relationship between you and the company or are you just trying it on and invoicing them for your time dealing with their correspondence? It make a massive difference to the advice you will get.

 

A reecorded delivery slip shows SOMETHING was posted but not what. If the Defendant says it was not received then a Court will usually accept that and give the Claimant another opportunity to serve it.

[steampowered]

I wouldn't have thought it matters anyway. Surely the legal question should be whether you did the work/are owed the money, rather than whether or not they received your invoice. If they didn't know about the invoice before they do now.

[gertysingh]

Thanks folks. Yes they do know about the invoices but did not want to acknowledge them. I have served the invoices to the company again and this time via email (as they opened up email comms to me) + all communications that they refused to acknowledge. Ok here it goes.....

 

The company had written an illegal charge to me. I responded and warned the company that my time is billable should they engage me and waste my time and told them why their charge was invalid and to drop it. The company rejected my response and appeared to accept my billable time. They followed on with a further correspondence threatening to start legal proceedings should I refuse to pay their invalid charge, breaching their own code of practice and conduct. As I was not in town when that correspondence arrived, my partner nearly paid the illegal charge! Thankfully the payment had not been sent and I shredded it.

 

I was forced to research for them and identify issues in their own processes in order for the charge to be dropped. This costed me 2 days in time. So I sent them some invoices as stated in my first communication should they engage me and which they had not rejected in any of their communications. They ignored my latter communications that contained invoices.

 

I decided to go ahead and engage them in legal proceedings as I do not like bully companies that try to screw members of the public with fear. And here we are with one of the directors stating the company never received any further correspondence from me. The mailing address is to a PO Box.

[steampowered]

I'm not sure your claim has a strong legal basis. Just proving you sent them an invoice doesn't prove they have to pay you. But good luck with it and please do let us know how you get on.

[gertysingh]

I do find it amazing how private companies that serve the public can get away with forcing "consumers" to tell them how to improve their processes by threatening legal action and having to go thru the ombudsman to sort out crap.

 

So either way, it will be an education and thus I should be a better contributor to this forum .

[Ganymede]

Good luck.

 

Fingers crossed you can avoid a costs order against you.

 

Please let us know how you get on.

[gertysingh]

Just a quick update, company told me I would lose for the normal reasons that you see in the movies!!! I said I'd take my chances with the evidence and laws I have now gathered. Have been offered some petty cash to compensate and cover small claims fee. I have thanked them and declined the offer and re-offered a potential way where both parties look like they win ;-)

 

So haven't gone to small claims yet. Guess it's all about practicing negotiations before court happens!

[SabreSheep]

be wary

if they have offered some sort of settlement and yoru claim has no legal basis in law they can apply for your claim to be struck out, then apply for a costs order and use that offer to support an accusation you have litigated irresponceably.

 

Just remember, an invoice does not legitamise a request for payment. All it is is a request. It is the same as private parkign company sending a driver a speculative incoice. You still need to support the claim for payment with appropriate law.

 

Your case will probably be based around contract and what constitutes "Acceptance"

 

Refusing to drop a charge they have applied would not be considered "Affirmative action acknowledging consent" and therefore no contract will have been formed.

[gertysingh]

Thanks SS. I am going down the road of Consumer Protection from Unfair Trading Regulations 2008 and have testimonies from others who have received the same treatment. Would this be enough?

[SabreSheep]

not sure you can use that to support your claim for payment of invoices.

[Ganymede]

Thanks SS. I am going down the road of Consumer Protection from Unfair Trading Regulations 2008 and have testimonies from others who have received the same treatment. Would this be enough?

 

 

I'm sorry to say but it seems like your invoices are made up from thin air and can't see any legal basis for your claim.

[gertysingh]

Ok - thanks. It's all about what will be said to set the precedence. Don't have to win

[Ganymede]

Be careful not to get a costs order against you for frivolous or vexatious litigation.

[gertysingh]

Ok - will do my best. Thanks

[andydd]

I agree with the above.

 

If for example you had done work for the compamny and there was a contract to pay you (normally it would say something like 30 days) then the invoice part is irrelevant, and a court would of expected you to send a LBA for a final chance for the company to pay you before court action.

 

It appears though that you have no contract but just decided you will bill them for your time, many people on here mention this..but it really has no legal basis and I doubt you would be succesful at court, perhaps you should try and get out of this ?, write to them and offer to drop the case on the basis that there are no costs for either side.

[SuperVillain]

Agree with the above, the elements for formation of a contract aren't present.

 

By your logic I could send invoices for my time to anybody that I answer my front door to...

[gertysingh]

Thanks all. I didn't fight them on contract as it was the wrong road. Fought them on harassment and tort. Claim has now been paid in full

Hopefully company changes their policies.