County Court Advice

[addbuyer]

To be honest at this point I would rather pay the original invoice in full - it's a business, and it is really not worth our while to fight this. So he gets away with it - wrong, but that's life. That's your choice to pay but a wrong doesn't make a right? I would pay the 80% and explain why you did that on the court paper. Whatever you pay, you MUST return that court paper to the court. There is a section that you fill out explaining what you paid and make a comment why. When it's all sorted, He (the claimant) has to cancel the action else it will still show on some records.

My main issue is that I suspect the chap might still try and have his day in court simply in order to inconvenience us as much as possible... he submitted the claim only two weeks after the unpaid invoice was due, and he refused to re-invoice as per our request which would have seen him receive the 80% immediately. His manner is far from that of someone trying to make a reasonable effort to avoid litigation and reach an amicable resolution.

Also, having the notice served just before Christmas is not a coincidence. He most probably again tried to inconvenience us as much as possible. You can claim an extension of time by contacting the court, details will be on court papers. The court will grant this, usually another two weeks, no problem at all.

Additionally the amount he is asking for as 'interest' is peculiar to say the least - I calculated it to be 124%(!) pa. Not sure if he made an honest mistake when calculation the interest (which should have been 8% pa) or there is some other reason for this. I learnt on my first case that you have to get every detail correct so his error with the interest would trip him up

In short, my difficulty is that I am not even sure that simply paying him now the original invoice in full will see an end to this saga.

He has no case what so ever if you pay him in full. You can see from the link what it's cost him so far to bring this case to you. He can't claim that back at this stage so his loss.

You really do not need to waste more money getting legal advice. This process is very simple, It was designed to be such
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Don't know what happened to my reply, some text is in your quote and some below so please see your quote

 

[markjay]

Your business insurance will have legal advice support and will most likely provide support.

I thought you needed to give someone 28 days in writing or via email before you move to this stage.

Hope you get it sorted

Just had a chat with the legal helpline provided through our insurer.

They will assist us in getting the deadline extended from 14 days to 28 days.

In the mean time we will need to decide if we just want general advise, which is available to us as part of the policy, or we want to make an actual claim on the policy in which case they will actually apoint a solicitor to defend the case for us.

 

[markjay]

How much does the 20% add up to? £100? £10,000?

I'd rather not go into detail here, but suffice to say that I am willing to pay the original invoice in full including the disputed amount IF this will bring the matter to an end.

As said my concern is the he will continue and chase his court fees and unrealistic 'interest', mainly in order to inconvenience us as much as possible.

 

[addbuyer]

I'd rather not go into detail here, but suffice to say that I am willing to pay the original invoice in full including the disputed amount IF this will bring the matter to an end.

As said my concern is the he will continue and chase his court fees and unrealistic 'interest', mainly in order to inconvenience us as much as possible.

Been there a few times and he will only be awarded the cost of bringing the action plus the interest up to and including the day of the hearing. It's calculated in person by the circuit judge. His over claiming will be ignored.
If you end it now by paying in full then his cost to bring the claim and his claim for interest is HIS loss. So say his invoice was for £10k and you pay him then he has to bear the £450 to issue you the papers and the small amount of interest.

If you know he is over claiming and can prove it via written documentation then fight it. It's an easy and straight forward process and he will only be awarded the actual works value (no interest, no travel cost and no cost of bringing the case) because he brought it against you without warrant

 

[219]

Perhaps the best course might be to pay the full amount , with a covering letter to the effect that you consider the invoice excessive and are disputing the 20% overpayment .

If the matter still goes before the court , or mediation , you might be awarded the 20% back , with the contractor being stuck with the costs of his needless litigation .

 

[ShinyF1]

If you were owed £1,000: the annual interest would be £80 (1000 x 0.08 = 80) you’d divide £80 by 365 to get the daily interest: about 22p a day (80 / 365 = 0.22) after 50 days this would be £11 (50 x 0.22 = 11)

Unless the interest is contractually set - e.g. older construction JCT contracts stipulate 5% over base rate

 

[AndyRan]

To be honest at this point I would rather pay the original invoice in full - it's a business, and it is really not worth our while to fight this. So he gets away with it - wrong, but that's life.

My main issue is that I suspect the chap might still try and have his day in court simply in order to inconvenience us as much as possible... he submitted the claim only two weeks after the unpaid invoice was due, and he refused to re-invoice as per our request which would have seen him receive the 80% immediately. His manner is far from that of someone trying to make a reasonable effort to avoid litigation and reach an amicable resolution.

Also, having the notice served just before Christmas is not a coincidence. He most probably again tried to inconvenience us as much as possible.

Additionally the amount he is asking for as 'interest' is peculiar to say the least - I calculated it to be 124%(!) pa. Not sure if he made an honest mistake when calculation the interest (which should have been 8% pa) or there is some other reason for this.

In short, my difficulty is that I am not even sure that simply paying him now the original invoice in full will see an end to this saga.

Personally as a business owner I am confused as to why you want it re-invoiced, surly all he needs to do is raise you a credit note for the 20% then you pay the remaining balance (assuming he agrees to the 80% payment of the invoice)
If he is being a tool (which he sounds like he is) just pay the 80% and leave the 20% as an outstanding balance on your accounts then write it off at the end of the year.
Either way is far easier than going via a CC for a silly amount.
Its far too easy for a claimant to put a case in as it costs pennies these days

 

[rockits]

personally as a business owner i am confused as to why you want it re-invoiced, surly all he needs to do is raise you a credit note for the 20% then you pay the remaining balance (assuming he agrees to the 80% payment of the invoice)
if he is being a tool (which he sounds like he is) just pay the 80% and leave the 20% as an outstanding balance on your accounts then write it off at the end of the year.
Either way is far easier than going via a cc for a silly amount.
Its far too easy for a claimant to put a case in as it costs pennies these days

whs ^

 

[addbuyer]

Unless the interest is contractually set - e.g. older construction JCT contracts stipulate 5% over base rate

I tried that on my first claim and it was thrown out. Use the Money Claim Online Service and it's their interest rate. That's why I said earlier about getting your claim right. Good shout though.

I guess JCT would apply in a crown court

 

[rockits]

We always generate a additional late payment invoice with standard admin fee plus interest before even taking any further litigation. That alone sometimes gets the debt paid.

 

[Gaz-M]

Knowing the amounts would help us put it in perspective.

You can still contact and sort out the matter directly with the contractor, just make sure its done via email for the trail.

I have unfortunately had to start 2 small claims actions, both times the defendant paid me directly before it went to court- what they owed me plus court fees and costs for my time dealing with it.

The guy would be unlikely/stupid to refuse your offer of full payment as out of court settlement..


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