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Hi,

I'm new on here and could do with some help, please.

 

12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them.

 

2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?)

 

My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice.

 

Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed?

 

Thank you in advance.

 

Here are the details of the claim:

 

Received a claim? Yes

Issue Date: 2-10-2014

Amount approx: £5079

Claimant: Roof Trusses

Solicitor: A C Jones

Original Credit:

 

Particulars of Claim:

We manufactured and supplied timber frame panels and roof trusses to Dolycoed, Dolfor, Newtown on 8th September 2014 on behalf of the defendants who had ordered these from us. Our invoice TF4-34647A for the balance of £4874.22 remains outstanding - this invoice should have been paid on delivery. Despite numerous requests for payment nothing has been forthcoming. Neither party are responding to voicemails, letters or emails.

We are not aware of any reason why this has not been paid. Interest is now payable at a rate of 5% per month as per our conditions of Business/Sale which currently equates to £20.31

 

Stat Barred? No

 

Have sent:

 

Other Info:

12 weeks ago my friend ordered some parts for a roof extension he was making. He was verbally promised that the parts would be with him within the week. He paid a 20% deposit at this point. 9 weeks later the parts arrived and he was happy with them.

 

2 weeks ago my friend received a voice message from the company threatening court action if he didn't pay up. He then wrote to them (recorded delivery) to request an invoice as he planned to pay. This weekend they eventually sent the invoice for the amount plus £185 Court fees and £20.31 interest. They claim that they previously sent him an invoice. There was no Letter Before Action or any mention of one (if this is important?)

 

My friend feels that he hasn't done a thing wrong and doesn't feel that he has to pay the court fees or interest as all he ever wanted, and politely asked for, was an invoice.

 

Please can I ask for some help? Does he have to complete the court form or can he just pay the fee he believes is owed?

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Hi and welcome to CAG.

 

What has your friend actually received? You say an invoice including court fees etc?

 

Has your friend actually received court papers from Northampton?

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Summary.

 

So the items were delivered 9 weeks later than advised, but payment was agreed on delivery - no invoice was provided so payment was with-held, yes ?

 

How did your friend make this request - telephone - email - letter ?

 

Your friend could simply defend on that basis, that no invoice was provided - the company appears to have been very quick off the mark in issuing a claim and they will have to provide an invoice as proof of their claim.

 

He can pay what he believes is owed and the company would then have to provide proof of any balance they consider outstanding.

 

I have asked others on the site team to look in and advise so don't worry, I am sure we will be able to help you.

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Can you just pop some dates in here for me please..

 

 

Date goods ordered XX

 

Date goods delivered - 8th September 2014

 

Date Invoice requested XX

 

Claim issued 2nd October 2014

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Summary.

 

So the items were delivered 9 weeks later than advised, but payment was agreed on delivery - no invoice was provided so payment was with-held, yes ?

 

How did your friend make this request - telephone - email - letter ?

 

Your friend could simply defend on that basis, that no invoice was provided - the company appears to have been very quick off the mark in issuing a claim and they will have to provide an invoice as proof of their claim.

 

He can pay what he believes is owed and the company would then have to provide proof of any balance they consider outstanding.

 

I have asked others on the site team to look in and advise so don't worry, I am sure we will be able to help you.

 

Wow you have made me so happy, I am very grateful for this and any other help. Thank you!

 

So the items were delivered 9 weeks later than advised, but payment was agreed on delivery - no invoice was provided so payment was with-held, yes ? How did your friend make this request - telephone - email - letter ?

Apologies, they were delivered 8+1/2 weeks later than advised verbally. Ordered and paid 20% deposit on 4/7/2014, delivered on 2/9/2014.

Payment on delivery was not mentioned during the order. There was no invoice with the delivery so my friend expected an invoice through the post. This is why on 12/9/2014 he sent a recorded delivery letter requesting an invoice. No invoice arrived so again requested an invoice by recorded delivery letter on 1/10/2014

 

Date goods ordered: 4/7/2014

 

Date goods delivered (according to my friend): 2/9/2014

 

Date Invoice requested: 12/9/2014 and 1/10/2014

 

Claim issued 2nd October 2014

 

 

I hope this helps.

Thank you again.

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Ok, so YOUR defence is looking quite strong - but obviously if you can you want to avoid going to court at all.

 

Hopefully your friend has kept the recorded delivery slips and proof of receipt for his letters sent requesting an invoice.

 

Meanwhile you need to be aware of your timeline with regard to the court paperwork - I am assuming this was a Money Claim online that you have received. In which case your timeline is as follows.

 

Date of issue 2.10.2014 + 5 days for service = 06.10.2014 + 14 days to acknowledge claim = 20.10.2014 + 14 days to submit defence = 03.11.2014.

 

Your friend MUST acknowledge the claim online by 20th October - he will then receive the extra 14 days to submit a defence - this gives you some time to negotiate with the claimant as well.

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Ok, so YOUR defence is looking quite strong - but obviously if you can you want to avoid going to court at all.

 

Hopefully your friend has kept the recorded delivery slips and proof of receipt for his letters sent requesting an invoice.

 

Meanwhile you need to be aware of your timeline with regard to the court paperwork - I am assuming this was a Money Claim online that you have received. In which case your timeline is as follows.

 

Date of issue 2.10.2014 + 5 days for service = 06.10.2014 + 14 days to acknowledge claim = 20.10.2014 + 14 days to submit defence = 03.11.2014.

 

Your friend MUST acknowledge the claim online by 20th October - he will then receive the extra 14 days to submit a defence - this gives you some time to negotiate with the claimant as well.

 

Hopefully your friend has kept the recorded delivery slips and proof of receipt for his letters sent requesting an invoice.

Yes, I have them with me.

 

I am assuming this was a Money Claim online that you have received.

Yes, that's right, it was MCOL.

 

Your friend MUST acknowledge the claim online by 20th October.

Thank you, I will arrange this. Will he just have to acknowledge this and nothing else...for now?

 

this gives you some time to negotiate with the claimant as well.

Thank you, although personally I doubt that the claimant is willing to negotiate...they sound awfully harsh people.

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Yes, just acknowledge the claim - I think there might be a box to tick that you intend to defend ALL the claim - tick that for the extra 14 days.

 

Print off the receipt that will be made available for you.

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Yes, just acknowledge the claim - I think there might be a box to tick that you intend to defend ALL the claim - tick that for the extra 14 days.

 

Apologies for my slowness but when you say 'defend ALL the claim', do you mean to dispute the whole amount? Because my frienis willing to pay the amount he owes...just not the additional fees. (Sorry again)

 

http://i199.photobucket.com/albums/aa214/craigten/C-EDITED.jpg

 

http://i199.photobucket.com/albums/aa214/craigten/A-EDITED.jpg

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Have you got their T&Cs of supply handy?

We could do with some help from you.

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Have you got their T&Cs of supply handy?

 

http://i199.photobucket.com/albums/aa214/craigten/Ba.jpg

 

Thank you. I hope this helps?

 

citizenB - when you say 'defend ALL the claim', do you mean to dispute the whole amount? Because my frienis willing to pay the amount he owes...just not the additional fees. (Sorry again)

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It is my understanding that you need to defend ALL but then point out in your defence that you have always been prepared to pay the amount due on receipt of the invoice.

 

However, I will let andyorch take you on from here.

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BCOBS

 

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

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PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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Many thanks ...take a look at 4a

 

" and accounts shall be due for payment on delivery "

 

Was the invoice presented on delivery for the remaining balance? I assume not hence you had to ask for it but the delay in asking for it was over 10 days.

Was your friend made aware that it was COD at the time of placing the order ?

 

 

Date goods ordered: 4/7/2014

 

Date goods delivered (according to my friend): 2/9/2014

 

Invoice dated 8/9/2014

 

Date Invoice requested: 12/9/2014 and 1/10/2014

 

Chase letter sent 15/9 & 3/10

 

Claim issued 2nd October 2014

 

Andy

We could do with some help from you.

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Many thanks ...take a look at 4a

 

" and accounts shall be due for payment on delivery "

 

Was the invoice presented on delivery for the remaining balance? I assume not hence you had to ask for it but the delay in asking for it was over 10 days.

Was your friend made aware that it was COD at the time of placing the order ?

 

 

Date goods ordered: 4/7/2014

 

Date goods delivered (according to my friend): 2/9/2014

 

Invoice dated 8/9/2014

 

Date Invoice requested: 12/9/2014 and 1/10/2014

 

Chase letter sent 15/9 & 3/10

 

Claim issued 2nd October 2014

 

Andy

 

Hi Andy, and thank you.

Definitely no invoice on delivery otherwise my friend would not have requested the invoice.

He swears COD was not mentioned when he made the order and paid the 20% deposit.

 

He has just informed me that the delivery date he gave us was only the MAIN delivery of parts and there was a later/final delivery of smaller parts a few days later (I will get the exact date in a few hours when he checks). Again, no invoice or mention of payment.

 

I hope this helps...

 

Hi Andy, and thank you.

Definitely no invoice on delivery otherwise my friend would not have requested the invoice.

He swears COD was not mentioned when he made the order and paid the 20% deposit.

 

He has just informed me that the delivery date he gave us was only the MAIN delivery of parts and there was a later/final delivery of smaller parts a few days later (I will get the exact date in a few hours when he checks). Again, no invoice or mention of payment.

 

I hope this helps...

 

Also, he wants to know if he can send a cheque for the amount with a brief note by recorded delivery on Friday? If pushed, he could send it tomorrow? And he plans to acknowledge the claim this evening, IF that's advisable?

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Yes anything of relevance must be posted.....we can draft a simple defence to this claim which should defeat it...in the meantime it may be prudent to pay the balance due invoice less any court fees and interest...then we can get it down to just a vexatious amount....

 

This will go in his favour as the claim proceeds.

We could do with some help from you.

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Yes anything of relevance must be posted.....we can draft a simple defence to this claim which should defeat it...in the meantime it may be prudent to pay the balance due invoice less any court fees and interest...then we can get it down to just a vexatious amount....

 

This will go in his favour as the claim proceeds.

 

Thank you. Also, my friend has asked me to thank you and apologised for not bringing the issue of the second delivery up until now and says it was only whilst he was thinking about it that he realised.

 

Something else he asked me to point out was that he ordered the parts in the summer so that the job/roof could be finished in the good weather so he could move out of his house and move in to the house in question, then rent his original house out. Because of the 2 month delay, he has technically missed out on rent.

I just thought I'd mention this.

 

Ok, in the meantime my friend will send a cheque for the amount, less court fees and interest, with a brief polite(?) note explaining why it is only the amount on the invoice. He will photocopy both the cheque and note and send them via recorded delivery on Friday afternoon.

 

If there is ANYTHING else we can do, please let us know.

My friend will be making a sizeable donation to CAG when this is all over.

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Not particularly...just make sure you acknowledge the claim (and defend all) on time and bump your post when you are ready to submit the defence

 

After thought it may be advisable to pay in person and get a receipt or invoice stamped.If they query the balance just state that that is in abeyance and subject to legal proceedings.

We could do with some help from you.

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After thought it may be advisable to pay in person and get a receipt or invoice stamped.If they query the balance just state that that is in abeyance and subject to legal proceedings.

 

Brilliant! Thank you (although I get the impression that my friend doesn't want to go in as he feels certain that they will want to start an argument, and that won't be good for either party).

 

After thought it may be advisable to pay in person and get a receipt or invoice stamped.If they query the balance just state that that is in abeyance and subject to legal proceedings.

 

Brilliant! Thank you (although I get the impression that my friend doesn't want to go in as he feels certain that they will want to start an argument, and that won't be good for either party).

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Well you can go in and pay it ...be it cash or card..you have his authority...and they dont know who you are...tell them you are his legal advisor if they kick up a fuss:wink:

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Well you can go in and pay it ...be it cash or card..you have his authority...and they dont know who you are...tell them you are his legal advisor if they kick up a fuss:wink:

 

Apologies for the delay in getting back here, it's been hectic.

 

Ok, here we go:

Four things:

1. Being as my friend's builder was named as a defendant on the same form, and he received a court/MCOL letter too, does he have to acknowledge it in addition to my friend (my friend acknowledged it last Thursday, the 9th)?

 

2. My friend sent the cheque by recorded delivery last Friday the 10th.

 

3. The delivery from AC Roof Trusses were actually in two parts, the second delivery was delivered on 2 October so this makes the time between the 'delivery' and the claim even shorter.

 

4. I shall shortly post a brief explanation from my friend of the events, which include the costs he has incurred so far......

 

Here is what my friend sent me:

 

The second and final part of order turned up 2nd October.

Last year my wife and i decided to move back in to a property in question where we used to live.

We were renting the property out at the time.

 

 

We informed our tennants of our plans and how we planned to add an extension and explained how we wanted to start in spring 2014.

 

 

We started work in early June with the intention of completing the work throughout the summer/good weather being as we have to travel over two fields in order to get to the extension site.

 

 

We planned to complete the work and to have moved in by early to mid September and to rent out the property we currently occupy but being as A C Roof Trusses hit us with a 9 week delay of delivering the timber frame and trusses, we are now unable to finish the roof. This is because it is a flat roof and the area needs to be dry to lay the felt for the roof.

 

 

This is essentially costing us £450 per month as we are missing out on rent that we would have earned from renting our current property out to a woman who we have agreed to let the property to. She has told us that she doesn't know how long she can wait for us provide the property as she is desperate to move.

 

I should add to the timeline that after 4 weeks of waiting for the trusses, my builder rang AC roof trusses and asked if it would help if he built the walls using concrete blocks to keep the job moving so that AC RT would not have to make the walls and, instead, just supply us with the timber roof trusses. They assured the builder that they could make the frame and trusses and deliver them the following week. This did not happen.

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Yes he too must acknowledge and submit a defence.

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So you are now also intending to counter claim loses based on missed rent...why would the claimant name friends builder as co defendant ?

We could do with some help from you.

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So you are now also intending to counter claim loses based on missed rent...why would the claimant name friends builder as co defendant ?

 

Regarding why they would name the builder too - To me, this is another example of how unprofessional this company are: The builders only part in this is that he verbally placed the order with the company on behalf of my friend and gave his name and address as where to deliver to. He made it crystal clear to them that my friend would be paying the bill, hence my friend paying the 20% deposit. The builder's final part in this was when he spoke to the company to ask if he should start a concrete wall, as stated in my previous post.

 

In my friend's second request for an invoice, he asked politely if they could stop leaving 'threatening' messages on the builder's mobile phone as it was nothing really to do with the builder and all my friend wanted was the invoice.

 

Regarding a possible counter claim - at first, the court claim scared the hell out of my friend and all he wanted to do was pay the amount minus the fees but he just thought he would let me post what it has actually cost him in case you thought he should counter claim?

 

I hope this clarifies things a bit? Sorry if I haven't made things clear. I am trying.

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Is the builders address showing separate on the claim?

We could do with some help from you.

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