Defendant Filed Defence - CCJ Advice

[luxespauk]

We've been working with a company closely doing deliveries for them since June 2017. Our contract was verbally agreed and they have been paying us every month for the work. They failed to pay us for work carried out in December, directors then ducked our calls, messages emails etc and eventually it came out that they were seriously struggling financially. I've had countless messages and an email from one of the directors promising to pay when they can and that they have no money, eventually communication broke down and we filed for a CCJ against them. They have just filed for a defence, disputing the full amount (over £9,000). In the form the director claims they have no proof of deliveries being completed as no signed delivery notes were returned to them, however we were never asked nor was it agreed that this was to be done.

I have a list of all the customers names addresses and contact details from every job from the invoice that we haven't been paid. Where do I stand, what can I do? I also have the logistics manager at the time (he was laid off at the beginning on January when this all came out) saying he is willing to write a witness statement/act as a witness to verify that indeed we did carry this work out. Their defence statement seems to contradict all the messages and correspondence I have on record, completely does not add up.

Any advice would be appreciated, this is the first time we've been down this route before.

Thank you.

 

[g]

Where do I stand, what can I do?

On not very strong ground.
Gather what evidence you can to prove performance of the contracted services.
Be prepared to not get paid - either because the case doesn't get decided in your favour, or there are insufficient assets.

The 'going-forward point' is 'produce and save appropriate paperwork'.

 

[Mr D]

If you do get granted the CCJ then great. Just be aware you may still not get paid.

 

[Newchodge]

You can give evidence that you have never supplied delivery notes and that they have never been requested and you can produce the conversations about payment to show that this was not the issue.

I would suggest that your client is desperate, cannot find the money to pay you and is trying anything to avoid getting a CCJ.

As others have said, you may struggle to get paid even if you win your case. Is the client a limited company?

 

[g]

Is the client a limited company?

Best to hope not - that'd make it even easier to hide the money and irresponsibly walk away.

 

[nelioneil]

Surely they cant change their mind from not paying because they are struggling financially to an actual dispute?

I.e. On your reply, focus on the fact that they were fobbing you off payment and that they admitted they were struggling financially. That should be classed as acknowledgement of debt.

 

[Newchodge]

The OP does not have to reply. They just have to ensure they have their evidence ready for the hearing.

 

[Mr D]

Surely they cant change their mind from not paying because they are struggling financially to an actual dispute?

I.e. On your reply, focus on the fact that they were fobbing you off payment and that they admitted they were struggling financially. That should be classed as acknowledgement of debt.

The process may be delaying their decision to shut down. Just a very small step from not being able to pay a bill to not being able to pay the CCJ of a bill.
And yes they can do this because it appears they have done this.

 

[luxespauk]

If you do get granted the CCJ then great. Just be aware you may still not get paid.

Yes unfortunately we still feel we will not get paid in the end.

You can give evidence that you have never supplied delivery notes and that they have never been requested and you can produce the conversations about payment to show that this was not the issue.

I would suggest that your client is desperate, cannot find the money to pay you and is trying anything to avoid getting a CCJ.

As others have said, you may struggle to get paid even if you win your case. Is the client a limited company?

They are a limited company. We have emails/strings of messages from the director saying they are struggling financially and are working to being able to pay us for works completed, acknowledging that they owe us.

Surely they cant change their mind from not paying because they are struggling financially to an actual dispute?

I.e. On your reply, focus on the fact that they were fobbing you off payment and that they admitted they were struggling financially. That should be classed as acknowledgement of debt.

This is what I don't understand, they are doing exactly that. Not once have they questioned the amount or the work in any of the correspondence we have had with them.

The process may be delaying their decision to shut down. Just a very small step from not being able to pay a bill to not being able to pay the CCJ of a bill.
And yes they can do this because it appears they have done this.

I agree, I think they are just buying time.

We have already started receiving emails from their customers confirming our company did indeed turn up and carry out work, after spending a while phoning them up and explaining the situation. Will this help clear up the proof of actually delivering?

Do I just bring along everything I can to the hearing or do I need to submit what evidence I have prior to the hearing?

Will I need to get legal representation for this?

Thank you.

 

[Big G]

If they have not raised a counterclaim then you do not need to reply to the defence, as Newchodge says above.

The Court will send a Directions Questionnaire to both parties to complete and will then send a Notice of Hearing with directions as to when you have to file your witness statements and evidence. This is when you need to put everything together showing the Court the full basis of the contract including all previous work, payments,etc that did not involve you having to provide POD’s. This will prove that a contract existed between you and what the general agreed terms of the contract were. You should then also show all of the correspondence between you where they promise payment, etc as this proves their admittance of liability.

From what you have said it sounds like you should not have much trouble winning Judgement at all and I would also suggest that you request late payment interest, compensation and any costs incurred due to their unreasonable behaviour.

But, like a few people said above, getting Judgement does not mean you will be paid if they are struggling financially. Have you carried out a company report to substantiate the claims that they are struggling?

 

[Newchodge]

At this stage I would not recommend payingfor legal representation. Even if you win (and you should win) you may receive nothing. If they can't pay, they can't pay.