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liam1806

Small Business claim form received

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Its not complicated..its just this Solicitor.

 

So they have informed the court they wish to proceed to allocation...and yet they make an application to strike out your defence and/ or ask the court to issue an or else order that you submit a further defence.

 

Yes the application should run separate to the process...and you therefore have to file and submit the N180..irrespective of the out come of their application.(the court will advise)

 

Strike out applications are encouraged to be made early in proceedings especially when considering the escalating costs that can be incurred in pursuing the claim and following the court’s procedure and consuming the court’s valuable time and resources. The judge could question why a party has been complicit in allowing a claim to progress before making such an application. .

 

Regards

 

Andy


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Today the latest form from the CCBC (Northampton) court is a 'transfer of proceedings' to the solicitors nearest court.

 

I assume this is normal?

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updates are;

 

I completed and sent back the directions questionnaire we received and asked for the case to be heard at our local county court.

 

We initially received a 'transfer' of proceedings which the solicitor had asked for as part of his 'strike out' - this was transferred to the solicitors local county court.

 

A judge at this court has now transferred to the county court local to the claimant - i assume this is the 'strike out' application as well.

 

I called the court just now to confirm they had received the directions questionnaire and asked why it wasn't being transferred to our local county court, and they said as its a Business to Business case, the claimants nearest court takes preference?

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Of course you are a business....Im use to dealing with consumers.


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Cheers Andy, so the claimants court takes preference?

 

It won't change anything with the 'strike out' application and defence i entered online because we are a business - is it all the same basis?

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Yes in B2B claims ..the claimants court for hearings...and no change to everything else.


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Yes in B2B claims ..the claimants court for hearings...and no change to everything else.

 

Thanks. can't imagine the claimants solicitor being happy now as he had submitted the application for a hearing in his local court - and now its been transferred, on the orders of a district judge.

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Quick question regarding the 'directions questionnaire' - had i completed correctly...

 

To be completed by - I entered the company address

Your contact details - I entered my name as contact as am dealing with

Signature - my signature and the 'pp' for the company

 

as there solicitor has said;

 

I note that your own Directions Questionnaire has been signed off by xxxxx who is held out as your “legal representative” . I have not been served with any notice of acting on the part of a legal representative. Please therefore confirm who xxxxxx is, and which solicitors firm he works for. I trust you are aware that only solicitors are entitled to act as legal representatives on behalf of limited companies.

 

EDIT; have realised now I have not crossed out “legal representative” - I should have left as 'defendant' only....

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liam...hes is running rings around you and playing mind games....ignore..

 

Dont worry about not crossing things out...you are a litigant (courts expect and allow for errors) ...a Company yes...but self represented.

 

Have you completed everything else on the DQ correctly ?


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i did think that...

 

i had filled in all correctly and also cross referenced with his DQ he sent. The only difference between ours was we ticked yes for mediation and he ticked no.

 

Lets see what comes first - judges directions re DQ or the solicitors 'strike out' application.

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Today we have received the attached for a hearing scheduled for early next year.

 

What do you make of it

- the judge has added in the points (10) for any documents and defence to be submitted

- so this is where we submit our full defence?

court.pdf

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No its were you submit your witness statement and disclosures (Documents / Evidence) relied upon.

 

You have already submitted your defence.

 

 

Andy


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So it looks like the judge has refused a separate hearing before the main hearing, and ordered the claimant to pay the trial fee to proceed. This seems a good result for us, as the claimant has wasted his money applying for 'strike' out by the looks of it.

 

I am going to get cracking on the WS, but as the judge said he will deal with also the 'strike' out application on the same day - what argument would i need for this first do you think?

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Its good yes...as they are trying everything to stop this proceeding to trial...if they fail to pay the hearing fee on time the court will strike out their claim...crack on with your statement and disclosures and post here for opinion.


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Morning Guys, so where we are at is the 'claimant has to pay the fee by Friday 18th - whilst i have not had confirmation they have i assume they will.

 

Trial date is February 8th - and the judges directions state witness statements/evidence have to be exchanged no later than 14 days before - i make this by Tuesday 22nd? Have i got this correct?

 

i'm nearly finished anyway and will pop up here..

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IN THE COUNTY COURT AT xxxxxxxxxxx CLAIM, No: xxxxxxxxx

BETWEEN:

xxxxxxxxxxxxxxxx

Claimant and

xxxxxxxxxxxxxxxx

Defendant

 

WITNESS STATEMENT OF xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

 

I, Liam1806 will say as follows:

1. I am employed by xxx and authorised to act on behalf of the defendant. The matters to which I refer to below are all within my own knowledge unless otherwise stated and I am duly authorised to make this Statement on behalf of the defendant. I refer to the attachments ‘abcd and the attachments referred to below are the corresponding page numbers within ‘abcd

2. With respect, our initial defence entered via MCOL complied with CPR16.5, and defence only allowed us to enter a short version. I refer to attachments ‘abcd1’

3. We had submitted to the claimant a full breakdown of our defence, also to xxxxxxxxx prior to the claim being issued. We had attempted to settle with the claimant, and the claimant’s representative on several occasions. The claimant had refused to acknowledge. I refer to attachments ‘abcd2’.

 

 

4. The Defendant agreed a ‘special’ price on the xxxxxxx 2017 with xxxxx, then Sales Manager for xxxxx and the then sales director who emailed a quotation over which we accepted. On the 31st July prices were reconfirmed with xxxx as a price increase was coming up. I refer to attachments ‘abcd3’.

5. On the xxxx 2018, we spotted incorrect prices during a yearly audit and notified xxxx straight away who said they would pull off invoices to check. We were never replied to, only that they were waiting for the CEO to respond. This never happened. We then replied on the xxxx 2018 to say we are currently withholding outstanding payment until this was resolved, this was as a last resort as we never would normally do this but felt that xxxxx were not being co-operative. We settled all invoices which were correctly priced. I refer to attachments ‘abcd4’.

6. When we pointed out the price errors, an order being processed was amended to special pricing. I refer to attachments ‘abcd5’.

Invoice xxxx

Invoice xxxx

Invoice xxxx

7. As xxxx were not given any assistance by xxxx we calculated that we had been overcharged by £8,065.18. This figure, as previously stated was the difference between agreed special pricing and prices charged and invoiced for. Prior to this coming to light, xxxx had paid every invoice promptly to the claimant, and in fact during 2017 we spent in excess of £58,000. I refer to attachments ‘abcd6’

 

 

 

 

 

8. Invoices we have been over charged on are, I refer to attachments ‘abcd7’.

Invoice xxxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Invoice xxxx

Total xxxx

 

 

 

 

 

 

 

9. 5th March 2018, a meeting was arranged with xxxxx then Sales Director, for the 6th March where we discussed how to move forward with future business and xxxx stated he would investigate the over pricing further. On the 8th March we then received an email stating orders were on hold due to non-payment. I refer to attachments ‘abcd8’

10. On the 19th March 2018 we placed an order on the agreement we would pay straight away, whilst we discussed the way forward. This order was invoiced at the correct special pricing. I refer to attachments ‘abcd9’

11. Meeting was arranged with xxx Directors and xxx Directors to discuss the pricing on the xxx 2018, but xxx would not discuss the overcharging, only that if we continued to buy from them, they would offer a ‘rebate’ at the end of the year to migrate the overcharging.

12. xxxx states that a call was put in to xxxx, although we had no record of this, as I’m positive our Head Office would have realised the importance of this call and passed it to Mr xxxx or myself.

13. When orders were placed by xxxxxxx, we would email orders directly to xxxxx sales office without prices entered in. These orders were then accepted and processed with acknowledgements sent to our central accounts dept to marry up with invoices when they arrived to pay, unfortunately prices were not cross matched for errors. This accounts lady had since left the company. When deliveries were made to our warehouse by xxxxxx, delivery notes did not bear the pricing, so issues were not picked up on.

 

 

 

 

 

 

14. We have estimated the over charging to be £6,720.98 + vat (£8065.18 including vat). this is despite asking xxxxxx on numerous occasions to investigate, which has been ignored. We had also given xxxxx proof of the agreement. It is very unfortunate that xxxxxx has been treated in this way by a supplier, especially considering in 2017 we spent with xxxxx in excess of £58,000 – always paid promptly. This has never happened before with any supplier in our years of trading.

We had also since spoken to xxxx, who had left xxxxx who had confirmed that the initial agreement was correct and made with her then xxxx to work with xxxxxx and gain more business in the future. This was agreed at the offset in January 2017 and was the basis of xxxx gaining xxxxxxxx long term business.

We have identified pricing errors, in that on a couple of occasions we had been undercharged. It appears that the original pricing agreed on the xxxxxx was honoured until the xxxxxx, and from this date higher prices charged. It is our belief xxxxx pricing system was not working correctly, even though xxxxx Sales Manager re-confirmed pricing when asked.

Our feeling is, when this agreement was made, and the overcharging came out after the Sales Manager had left, is that the Directors of xxxxx reprimanded the Sales Director and he was removed from his position and told not to respond or deal with xxxxxxx.

I would also like to add, whilst we had not taken the services of a solicitor we had taken advice.

 

 

 

 

 

 

 

 

Statement of Truth

I believe that the facts stated in this Witness Statement are true.

Signed:

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if i could ask you look over for me?

 

When i refer to attachments 'abcd1 etc' i have copies of emails / letters.

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Content and form is good liam...however surely the following can only be speculative and not fact...

 

" Our feeling is, when this agreement was made, and the overcharging came out after the Sales Manager had left, is that the Directors of xxxxx reprimanded the Sales Director and he was removed from his position and told not to respond or deal with xxxxxxx."

 

Keep to the facts you can prove and dont introduce hearsay or points you can only surmise....our feeling has no place in a witness statement.

 

It also requires a conclusion ...what you want the court to do ?

 

Andy


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Thanks. I did think that last part maybe sounded silly, i will take out.

 

Conclusion, '' i duly request the court dismisses the claimants strike out application, and initial claim be dismissed as i have demonstrated that the claimant made a agreement with the defendant.I have also demonstrated how we tried to resolve this prior to court action by the claimant.''

 

Do i ask for costs - as the claimants solicitor has asked for in there claim?

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Excellent...may as well request costs...they can only say yes or no.


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another question, when i previously sent a letter to the claimant 'without prejudice' can i still use this in my evidence?

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can i just ask, the 'claimant' referred to CPR16 - whilst we said CPR16.5- when we said we complied with the initial defence - which is correct? i assume whether its business or consumer its the same?

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CPR 16 is the general section.....CPR 16.5 is the Practice direction...which is the correct way to refer to CPR and its subs.


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Thanks Andy.

 

So posted our witness statements this morning special delivery so they will receive Monday morning, and i will call the court to confirm they paid there fee.

 

Also, i assume the witness statement they sent us last July, is the final one from them as they haven't submitted any since directed to by the judge?

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