Sole Trader - Supplier Claiming CCJ for Old Debt

[01smartc]

Hi all,

 

New on here but have been reading a lot - I need some help with a claim for I have had through in the post.

 

I used to run a business 4/5 years ago that dealt with various suppliers. The business closed in 2012 and hasn't traded since.

 

I had a letter around 2 months ago from an old supplier stating that the business had been sold to someone else and that there was an outstanding balance on my account from 2011,

it came with an attached statement of invoices spreading across 18 months - first thing I knew about it,

 

I was not aware I had a balance outstanding as the business has been closed since mid 2012. I was also shocked that the invoices spread across such a long time period.

 

when I was trading with this company I normally paid for my good on collection or delivery.

If any payment had been missed i'm not sure why it was not bought up at my next order?

I simply wrote back to this letter stating that the business was closed now and I was not aware of any balance outstanding at the time.

 

On the 12th Sept I had a claim form though the post from a company I did no recognise

- I was only on seeing the suppliers name on the bottom on the form I realised who it was from. This old supplier of parts with whom I have not spoken or ordered since 2012.

 

The particulars simply state - "Claiming payment for goods supplied on credit for which payment has not been received"

 

I assume the company that is claiming is the new company that has bought out the supplier? - However it is signed by the guy who I dealt with back in 2011 so not sure.

 

my question really is how to deal with this

- The business that closed caused me a lot of grief and money at the time and my credit is still, even if its slowly, recovering from it all closing.

 

Last thing I want now is to have another CCJ on my file and be back to square one!

- I'm still waiting for the others I incurred (I probably would not have got them in the first place if I'd have been part of this forum then as I didn't even reply to claim at the time and they were just awarded as default!) to drop off!

 

The main defence I think I have is that I was never aware until recently that there was an outstanding balance.

 

I always paid for my deliveries or collections at the time of ordering.

I did not have a "credit" account which I had a limit for and paid off as you would with a normal supplier.

 

The company (although it was me as a sole-trader) closed in 2012

 

I am still unsure why, if the claims are true, I was allowed to keep ordering for a period of 18 months if this balance was due.

 

It seems to me that there must be an admin error or their part or something?

 

Any advice or suggestions?

 

Cheers Chris

[AndyOrch]

Hi 01smartc and Welcome to CAG

 

You must still follow the process...whether the claim is valid or not...have you Acknowledged Service of the claim..this must be done 19 days from and including the date on the claim form.

 

Is the claim from CCBC Northampton ?

 

Andy

[01smartc]

Hi 01smartc and Welcome to CAG

 

You must still follow the process...whether the claim is valid or not...have you Acknowledged Service of the claim..this must be done 19 days from and including the date on the claim form.

 

Is the claim from CCBC Northampton ?

 

Andy

 

Yes submitted the AOS last night

 

The claim is from the Bulk Centre Northampton I think.

 

Whats my next step? Request details?

 

Cheers

[AndyOrch]

What is the value of the claim...?

Can you type out the particulars of claim (verbatim less any identifiable details)

[01smartc]

What is the value of the claim...?

Can you type out the particulars of claim (verbatim less any identifiable details)

 

The particulars simply state - "Claiming payment for goods supplied on credit for which payment has not been received"

 

Claim amount is £1206.50

 

Thanks

[martin2006]

Standard procedure here is to send a CCA request to the claimant and a CPR 31:14 to the claimants solicitor, if there is no solicitor acting, then both can be sent to claimant.

[01smartc]

Standard procedure here is to send a CCA request to the claimant and a CPR 31:14 to the claimants solicitor, if there is no solicitor acting, then both can be sent to claimant.

 

Ok great thanks - i'm guessing when he cant produce a credit agreement (because there isnt one) he will either drop the case or thats my defence? Am I likely to get it thrown out on this basis?

 

Chris

[martin2006]

If he has supplied you with credit, there must have been some kind of agreement.

 

Send the above and see what comes back if anything.

 

If nothing comes back, look for no paperwork/holding defence

[martin2006]

Judging by the PoC on the claimform, if that was verbatim, he doesnt seem to have much of a clue what hes doing, i take it there was no solicitor named as acting on it?

Q. Did he send any written requests for payment ir an LBA or has he just gine straight to the claimform?

[01smartc]

Thats the point - he didnt supply me with credit. I always paid on collection or delivery. This is a guy that I dealt with more or less everyday. I spent thousands of pounds with his company. Every now and again I may have said i'll pay at the end of week or something similar or if one of my guys picked up the supplies i'd pay next time I rang but to my knowledge I always paid it. If there was an outstanding bill he would tell me next time I rang! Seems to me that he has sold the company on now and some invoices remain unpaid on his system for some reason? The new company owner has obvs decided to chase it. Very strange.

 

Anyway what I wrote was straight off the form verbatim - No solicitor is named - he sent me one letter previous (about 2 months) with a statement attached requesting payment.

 

I will send the letter you have said and see what happens.

 

Thankyou

[martin2006]

Well the burden of proving the debt lies with the claimant, so the letters you are sending are basically requests for proof of debt

[01smartc]

Morning all, ive not had any respose to either of my requests - so I will now submit my defence. What exectly should I write? Cheers guys.

[AndyOrch]

Plenty of examples in the following Forum......find a defence that fits your claim...preferably similar particulars and claimant if possible.

 

 

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?190-Legal-Successes

 

Post a draft here of your intended defence to be checked over.

 

Andy