advice for business debt claim!!

[twoman]

Hi,

After some advice please.

 

A supplier claims i owe a few hundred pounds from 4/5 years ago.

 

I believe i paid all invoice's upto date when the business ceased trading.

 

Have recently requested detailed breakdown of what they are claiming monies for

 

but their hired solicitor has sent a letter saying bit late in the day to request these documents and unless i pay up forthwith they are going to court.

 

forgot to mention they sent regulary monthly demands and despite me requesting detailed breakdown of what they were claiming for a couple of times over 4/5 years and never got a response to my requests i ignored their demands as i believed it to be a mistake.

[dx100uk]

well if it went to court

they'd have too

so they cant be that confident of winning if they did

 

 

call their bluff and write back

well you're going to have to do that if you take it to court

so why not supply it now...

if you cant I politely suggest you jog on..

 

 

dx

[martin2006]

Is this at Claim stage?

Have you received an N1 from the courts?

[twoman]

Hi,

No Claim (N1) just a threat too.

I've requested proof that i owe,which i believe i don't,so we'll have to wait and see what they do.

[Homer67]

Was your business sole trader or limited company?

[ericsbrother]

agree with Dx,

they will have to show in their particulars of claim how much you owe and why.

 

A letter asking for this information as a pre-action protocol (since the solicitor has threatened court) under CPR 31.16 would be in order.

 

I bet that you are met with silence for ever more.

send the request to the solicitor as that will incur more cost to the muppet that employed them and place them in a position of possibly having a claim chucked out without a hearing for abuse of process if they dont supply the numbers.

[AndyOrch]

Thread moved to the appropriate forum.

 

Regards

 

Andy

[twoman]

Hi All,

Sent off CPR as advised and there response is below:-

 

Dear Sir

 

We have infact complied with PAP in line with the court rules

however your request for sight of original signed documents on a debt of this age is clearly unrealistic.

 

 

My client actively reminded you of the debt and indeed you admit receiving reminders for payment which you ignored.

 

 

Had your request been made sooner my client may have been able to accommodate you.

 

 

( made a couple of request for the info several years ago but recieved no reponse so i just continued to ignore their demand as i know i don't owe this money, £300.00, as i believe its a mistake on their behalf)

 

Our aim will be to secure a Judgment against you and take steps for enforcement either through the enforcement officers or by registering a Charge against your interest in the property.

 

As we consider our efforts to recover this debt without court action has been exhausted following the issue of court action the court will decide.

[dx100uk]

what planet are they on...

[martin2006]

Its not in the slightest unrealistic, paperwork should be kept for 6 yrs minimum before destruction or archivation.

I would now be sending a cca request, they cannot continue with a court claim without the agreement and they know it.

[brassnecked]

There whole case depends on them providing the very documentation to the court as evidence to ground their claim complete with sums owed, so they would have to supply them if you defended their claim, so looks like Billy Bluff is playing games as a frightener.

[ericsbrother]

cca request is not applicable to non payment of invoice unless interest was agreed on any payments plan or sum outstanding after a certain time.

 

As for their response, what a waste of ink.

Utter cobblers to say the least.

 

 

we arent going to tell you why we are going to sue becasue you asked us to?

 

 

Any POC must show a cause for action and not telling the defendany why he is being sued in response to a request before that action is a no-no and will itself get a claim thrown out of court.

 

 

I'm sure the solicitors know this,

they also know that there is not realistic prospect of this actually getting a success for their client

so they are trying to frighten you into paying up now rather than them looking foolish.

 

I would leave it for them to make a move,

you have a copy of the letter you sent demanding the breakdown of the debt and asking for full accounts from the time dont you?