Hello my name is ***** ***** I will help you with this.
Yes you can ask for proof that the drums were submitted to customs.
If they refuse then you can just go ahead and issue the claim
If the matter goes to trial then in any event you and the Defendant have to submit papers on which you seek to rely upon
Therefore if their defence is that they submitted to customs on 6th then they would need to bring evidence of that
If they do not then their defence is likely to fail
Can I clarify anything for you about this today please?
Yes thanks Alex... I just want to know what happens next ... do I ask for proof of the submission to customs on the 6th and furthermore do I ask them whether they consider submitting to customs 24 hours before the agreed delivery date is a safe amount of time or do I simply claim that it is not enough time to safely clear customs and deliver the goods when they promised ? Do I then just say I am disputing the invoice and they need to take me to court because I am not paying it or suggest that we go to an arbitrator etc ?
You can ask for evidence and yes you can argue 24 hours is not enough time.
Yes you can say you are disputing the invoice and invite them to take you to Court etc
Does that help?
Should I do that in a legal letter or just an email from me ? Of course we don't want to go to court in the end , we would rather settle ... what would you advise ?
You can do that as an email - just set out what you want and why
Is that ok?
thanks Alex... but the only thing that is confusing me is what happens next... if i do that and he ignores me or simply writes a curt response again ... can he then not try and issue a summons against me for payment ? how do I prevent getting a judgement against my name because of this ?
Yes he can try and issue against you, but you have a defence in that he was negligent.
Even if it does go to Court and you happen you lose, as long as you pay the judgment within a month it will be cancelled and wont show against you.
Does that clarify
Yes thanks Alex... so your summary is that I should write to him , telling him that I am disputing it and that we need proof of his dates of submission and whether he had enough time in order to get it through customs ? so you agree
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
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Hi Alex .... l'm sorry but there is one thing that you seem to be ignoring which is that we are not claiming money from them ... we are refusing to pay for an invoice that they have issued us ... therefore I can't very well claim it in court ... Unless what you mean is that my claim is for a credit note ?thanks
My Goal is to send them a registered letter that prevents them from taking action to claim this money from me ... in other words, they cant very well make an application to court to get a judgement against me if they have not answered my questions . Therefore what I wanted to know from you is whether , based on what I have said above, should we send a lawyers letter demanding proof of the dates of customs delaying the goods... in other words proof that they were not negligent or reckless with their planning... Thanks PS how much would you charge to create that letter for me ?Thanks
Thanks, ***** ***** much would you charge to create that letter for me ?
Sadly I am not allowed to, against site rules. I would like to have helped though
Can I clarify anything else for you?