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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Dear Alex , we still have this issue ongoing and I'd like

Customer Question

Dear Alex , we still have this issue ongoing and I'd like to get your advice about the next step ... they have responded very informally to my letter saying that I am disputing the invoice and would like details of when they submitted to customs . His note said "drums fetched 30th , arrived 6th cleared on 8th " Our event was on the 8th so there was no way it was going to be on time ... The issue is firstly whether its true that they were given to customs on the 6th as he said, but secondly that he did not even give 24 hours to clear customs which in my judgement is either negligent , or he was let down by his driver.... My question is whether I should ask for proof that the drums were submitted to customs on the 6th , and whether they held them for two days ? How would you advise we go about this ?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Yes you can ask for proof that the drums were submitted to customs.

Alex Watts :

If they refuse then you can just go ahead and issue the claim

Alex Watts :

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

Alex Watts :

Therefore if their defence is that they submitted to customs on 6th then they would need to bring evidence of that

Alex Watts :

If they do not then their defence is likely to fail

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-hn5chexi- :

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 ?

JACUSTOMER-hn5chexi- :

Thanks

Alex Watts :

You can ask for evidence and yes you can argue 24 hours is not enough time.

Alex Watts :

Yes you can say you are disputing the invoice and invite them to take you to Court etc

Alex Watts :

Does that help?

JACUSTOMER-hn5chexi- :

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 ?

Alex Watts :

You can do that as an email - just set out what you want and why

Alex Watts :

Is that ok?

JACUSTOMER-hn5chexi- :

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 ?

Alex Watts :

Yes he can try and issue against you, but you have a defence in that he was negligent.

Alex Watts :

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.

Alex Watts :

Does that clarify

JACUSTOMER-hn5chexi- :

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

Alex Watts : That is correct
Alex Watts : Does that help?
Alex Watts :

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.



Can I clarify anything for you about this today please?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

JACUSTOMER-hn5chexi- :

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

JACUSTOMER-hn5chexi- :


Brett

JACUSTOMER-hn5chexi- :

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

Alex Watts : Yes I meant your claim is for a credit. You don't want to pay the invoice.
Alex Watts : Does that clairfy? Sorry if I did not make it clear
JACUSTOMER-hn5chexi- :

Thanks, ***** ***** much would you charge to create that letter for me ?

Alex Watts :

Sadly I am not allowed to, against site rules. I would like to have helped though

Alex Watts :

Can I clarify anything else for you?

Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


If the system won’t let you please click reply.



Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

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