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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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I am the director of a recruitment agency, we contacted a driver

Resolved Question:

I am the director of a recruitment agency, we contacted a driver who was employed by us by mistake one morning.
He sent us a message saying if we contacted him again he would charge us £10 for doing so and add 8% interest per day untill it was paid.
I replyed by text saying 'you have to much time on your hands'
He has contacted mcol and and sent us an invoice.
He has also stated we have called him several times after this message but this is not true and we have proof on our company phone history.
I would like to know if we need to take action with the matter or is he wasting his and our time?
Many thanks
Jamie
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

I dont see why he has a financial claim against you at all here? On what legal basis does he say he has the right to charge you in his claim form?

Customer: Hi, he states that he has asked not to be contacted on the morning of sept 18th.
Customer: hi, he states that he has asked not to be contacted on a certain day but as i replyed he wnats to now charge for this.
Customer: Hes claiming interest under section 69 of the county courts act 1984
tdlawyer :

Well, I think his claim is fundamentally flawed.

tdlawyer :

You cannot just claim money because somebody contacts you, unless it amounts to harassmen, which would require something more, it would require you intending to harass him. A mistaken communication is completely different. Plus, harassment usually involves a course of conduct, but always requires at least 2 occassions of harassing contact.

Customer: On what grounds do you think this?
Customer: Thank you, ***** ***** not see your second message!
tdlawyer :

That's okay. Have a look at the Protection from Harassment Act 1997. It states what is required for harassment and you seem very short of that to me.

Customer: I have been ignoring him as i beleive it to be a qaste of time.
tdlawyer :

Also .... he stands a chance that the Court could make a costs award against him for unreasonable conduct in suing you like this.

tdlawyer :

Too many people just issue random claims in the small claims court thinking they're immune from costs, but the truth is, they're not, not when their conduct is unreasonable.

tdlawyer :

The Court can award costs against them - which if you're acting without lawyers, could be £10.25 per hour for your time in having to deal with the claim.

Customer: thr only reason i thought twice was becauae he claims to be in his final year of a law degree. I think hea just a very sad and lonely man :)
tdlawyer :

Yes, well to be fair, it rather sounds that way doesn't it.

tdlawyer :

So, you have 2 choices - either accept the claim or let judgment be entered against you and you pay up, OR you defend it, and potentially ask for costs when you get to your final hearing. Sometimes, this is the kind of thing that will stop people from rushing off and suing other people. The court is ALWAYS supposed to be the avenue of last resort and here, it seems like it was his first choice.

tdlawyer :

And ... if this was about harassment, he would have sought an injunction to stop you contacting him, but he didn't, he sought instead to try and extract cash from you. It sounds like an abuse of the court system to me and that in itself is reason enough for you to write to the Court, explain this, and ask that his claim be struck out or dismissed.

tdlawyer :

If the Court agreed there was no reasonable claim here, it would just end it there and then. Sometimes, on the paperwork, the Court will do this if there is no clear cause of action and like I say, I'm not sure I see one against you here.

tdlawyer :

Does this answer your question this morning?

Customer: Thank you for this its very helpfull, just one last thing. Where do we go from here. I have no official court letter, just a screenshot email of his mcol online form stating the fees £35.08 pence! will we hear from a court or shall i write a letter stating we feel his claim is flaud etc....
tdlawyer :

You have to wait for proceedings to be formally served on you. This will be the court posting the documents to you.

tdlawyer :

Then, you have the choice to defend the claim. Until you defend, no judge will have even looked at the papers. So, once you defend, the Court will look at the claim and your defence and make a decision - this is where you have your first opportunity to knock his claim out without even going further. The Judge can, if he considers his claim hopeless, just strike it out and end it there and then.

Customer: Ok thats everything i think! thank you for your time, have a good day!
tdlawyer :

Thank you so much!

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