Summons issued

[PPI2909]

I isued a summons against a company for non payment of an invoice. the term was seven days and after numerous (non returned) phone calls etc.. I issued a summons for £2,500.

However, the day after, I got a cheque for £900, with a spreadaheet telling me that the rest were 'out of criteria'

As the leads were supplied in June, I have not called the 'leads' back to see if they have signed up with him yet.

Any idea how the courts will view this? If I knew he was going to send a payment in, i would have left it and argued it out with him. Is the court likely to accept his defence, the fact beig he never paid within the terms in the first place/

Thanks for any advice

 

[kulture]

This is confusing. Either they owed you £2,500 or they did not. What have the leads got to do with it? Or are you trying to say that if some of the leads did not convert then the invoice would be less?

If you are saying the latter then how do you justify the £2,500 invoice if you did not check its accuracy before sending it out.

 

[PPI2909]

Thanks for your reply.

The leads were generated through a web site, and automatically were sent to the customer ( with a copy to ourselves)
We set criteria for the leads and anything out of this criteria we would credit them for.

They received x amount of leads which came to £2,500.

I invoiced them for £2,500 as they had not sent back any 'out of criteria' back. In fact, I could not contact them, they did not return calls, emails etc..
However, 2 days after issuing the summons I received the payment of £900. They said that the rest were 'out of criteria and would not pay for them.

If they had done this in reply to my various letters/e mails./ phone calls, thinghs may have been sorted out, but as they would not reply, I had to issue the summmons.

 

[Williams lester]

Not sure what the question is then, as you have now been paid for the leads.

 

[PPI2909]

Not sure what the question is then, as you have now been paid for the leads.

The question is:
will the courts accept that he only owes £900 or are they likely to say to him, because he never paid on time or answered calls, he will have to pay the full invoice of £2,500?

 

[Williams lester]

Well he does only owe you £900 which is now paid in full, the rest you will be crediting as per your original agreement. It would surely be in everyones interest to ask the client to pay the court fee, then inform the court that the matter is settled.

 

[JElder]

What do your T&Cs say? Do they have X days to notify of leads out of criteria?

If they have not stuck to this, then you can charge them for leads passed over. You can take the £900 as a part payment and pursue the rest in court - you would just need to advise the court of the revised amount.