Court Claim Name/Amount Details Incorrect - Advice Please?

[MEC1]

Hi

I am a Sole Trader and have received a County Court Claim (via the County Court Business Centre) to do with some outstanding business invoices.

I would welcome some advice please on how to respond/deal with it. The queries I have are as follows:

1. The Defendant name (me) is shown as "Ms Joe Bloggs T/A One Two Three Plymouth". It should be "Mrs Joe Bloggs T/A One Three South West" (no "two" and "South West" instead of "Plymouth")

2. The amount of the claim is incorrect. It takes account of an invoice I paid over two weeks before the claim date. The two other invoices are owed, but the amount of one of these is also incorrect (as it was adjusted for an overcharge). The interest is therefore also incorrect.

3. The claim shows a court fee of £410.00 as the amount shown is just over £5000. Due to the errors though, the amount owed would mean that the court fee should only be £185.

I was going to file an acknowledgement of service, but am now thinking I should contest the claim in some way to have it cancelled and would welcome some advice on this on whether there is justification for this? Cancelling the claim would also allow me time to settle the outstanding amount, without fees/interest incurred.

Many thanks in advance.

J

 

[obscure]

I noticed that you didn't say anywhere that you don't owe the money.

What do you think would happen if you managed to have this claim cancelled (on the basis of some minor errors). Do you believe the creditor will go "Oh, well played", throw their hands in the air and give up? Or do you think they will immediately re-file with the correct details while swearing under their breath to make your life as miserable as possible?

Instead of wasting everybody's time with pointless delaying tactics how about phoning the creditor, point out the errors in their calculations and then paying your debts? If you can't afford to pay it all offer a payment plan. The court is going to look a lot more favourably on someone who tries to resolve the matter without having to go to court than they will someone who wastes court time to no purpose.

 

[MEC1]

Hi Obscure

Thanks for your response.

As I stated in my original request for advice, cancelling the claim would also allow me time to settle the outstanding amount, without fees/interest incurred.

There was a verbal agreement for time to pay (which I'd been doing) and then the claim arrived out of the blue, not taking into account any of the payments made. The invoice amounts stated on the claim are also incorrect.

I was just looking for some advice on what is clearly an inaccurate claim, that's all.

Thanks any way. Nice to know these forums are so friendly and helpful!

 

[obscure]

cancelling the claim would also allow me time to settle the outstanding amount, without fees/interest incurred.

There was a verbal agreement for time to pay (which I'd been doing) ......

All of which is important information that wasn't included in your first post.

and then the claim arrived out of the blue, not taking into account any of the payments made.

What did the other party say when you asked them why they issued the claim when you were already repaying them?

If they commence legal action when you are already paying that will count against them in court. Engaging with them to avoid court will count in your favour. Looking for technicalities to delay paying when you already have an agreement in place to repay and are repaying, will count against you.

Be positive and engage.