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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6339
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I have received a summons – the amount on the summons

Customer Question

Hello
I have received a summons – the amount on the summons is the figure that I have offered as settlement – if I pay in full – can the claimant then start another claim for more monies or is this considered Full and Final settlement ??
Regards
Malcolm Gillings
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. Please can you explain the situation in more detail?
Customer: replied 1 year ago.
Hello JennyI hired an agency to supply Painters and Decorators for a project of mine - the labour supplied splashed paint on the carpets and fixtures which I have been charged for ? as I had several agency companies on this project I pro/rata the costs depending on the amount of time their labour was on site and deducted from the Invoice by notification under the House Grants Act - this gave a small balance remaining which I sent a Final Account Statement - for some reason they have sent a summons for this amount - which I believe was an error - If I pay this in full, can then draw up another summons for what they feel is remaining ?
Additionally on inspection of the they supplied Unskilled labourers not skilled tradesmen - which is my defence
Do you also think the court would us in a favourable light ?
Not sure why I should lose out to someone`s unprofessional labourI look forward to hearing from youMalcolm
Expert:  Jenny replied 1 year ago.
I'm not clear who the summons is from?
Customer: replied 1 year ago.
the agency I hire - who I deducted monies from
Expert:  Jenny replied 1 year ago.
Did they send a letter before action to ask you to pay the money otherwise they will bring court action against you? Is this what you mean? Or have you had notice of a court hearing?
Customer: replied 1 year ago.
I sent them a letter explaining why I deducted monies, they then emailed to say if I did not pay in full they would start legal action - I made an `offer for settlement` they declined and sent me the summons - the amount on the summons was for the same as the offer !! I am happy to pay this ( as it was my offer) but fear they will just send another summons for the deductions I have made - is this possible
sorry for the confusion
Expert:  Jenny replied 1 year ago.
do you have a copy of the summons you have been sent. I can provide a private email for you to send it to?
Jenny and 4 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Yes, I can send over a copywould it be easier to discuss on the phone ?
Expert:  Jenny replied 1 year ago.
contact details below. thanks
Customer: replied 1 year ago.
Hello JennyWould you be kind enough to let me know if you think the attached letter would suffice in covering any further summons - is there anything you would add ?Kind regards
Malcolm Gillings
Expert:  Jenny replied 1 year ago.
Hi Malcolm you need address the letter to the Claimant. There is actually no need to send the letter to the county court at all (although you can do if you wish).
If they attempt to bring another claim (unlikely) you can then produce this letter in defence.
Hope that helps.