How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jenny Your Own Question

Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
32019188
Type Your Law Question Here...
Jenny is online now

I have received a county court claim form, is it too late

Resolved Question:

hi, i have received a county court claim form, is it too late to seek an out of court settlement
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. What is the claim in respect of and were you sent a letter before action offering you the chance to settle before you received the claim form?
Customer: replied 1 year ago.
the claim is in respect of school fees for my daughter between 2003-2006 for a sum of £10000 + £5000 interest
i wasn't sent any letters prior to the court order which found its way to me even tho it was wrongly addressed
Expert:  Jenny replied 1 year ago.
Is it a claim form you have received or judgement in default?
Customer: replied 1 year ago.
a claim
Expert:  Jenny replied 1 year ago.
Ok do you admit you owe the money but just want to see if they will accept less by way of settlement or do you dispute the claim?
Customer: replied 1 year ago.
theresd a couple of point i want clarifying, my last payment according to the creditors was 2/2/10, when does it become statute barred, and what are the implications
i havent been provided with any statements to confirm that i owe that amount
can an out of court settlement be arranged
why do i have to pay interest if there was no formal agreement
Expert:  Jenny replied 1 year ago.
Ok thanks, ***** ***** with me while I prepare a full response. You will receive an email when it is ready.
Expert:  Jenny replied 1 year ago.
In terms of limitation, the relevant date is 6 years after the last time the debt was acknowledge so it would seem that they have snuck the claim in just 'in time'. You should have been sent a letter before action allowing you to settle the claim, I suspect this was not done due to the limitation issue. They may well be prepared to settle if you call them and make an offer. With regards ***** ***** the law says that 8% may be charged to commercial debts after 30 days. This need not be itemised on an invoice but often is. Is there anything i can clarify for you? If I have answered your question I would be grateful if you would kindly take the time to rate my answer. Thank you and all the best.
Customer: replied 1 year ago.
i have asked the company for a statement of accounts. they have emailed the claimants for these details but have not received a response. are they obliged to provide this prior to going to court.
Expert:  Jenny replied 1 year ago.
Yes they must do so as you are required by law to provide you with the evidence in advance of the hearing. If they do not then you can ask the court to make an order to disclose the information.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know Mike?
Customer: replied 1 year ago.
where do i stand in the abence of a signed agreement, the reason i ask i that we were allowed to accrue this debt over a period of 3-4 years, we removed our daughter from the school in Dec 2010, no agreement was made for the outstanding amount.
under the limitations period, many of these invoices are well over 6 years
Expert:  Jenny replied 1 year ago.
The problem is that there is an acknowledgement of the 'debt' that they are claiming by virtue of the fact that you paid an amount in 2010. It doesn't matter that the invoices pre-date the final payment and fall outside of the limitation period, the court look at the last date at which the debt was acknowledged in any way (including by way of payment). You could try to run an argument that each invoice should be treated differently but I do not think that will hold merit in the courts. Please let me know if you have any further queries.
Customer: replied 1 year ago.
does the claimant have the authority to stop court action i were to approach them personally
Expert:  Jenny replied 1 year ago.
Yes they can withdraw the claim at any time.
Expert:  Jenny replied 1 year ago.
If you have anything further you would like to know please do ask, otherwise I would be very grateful if you would kindly take the time to rate my answer before leaving the site thank you and all the best.
Customer: replied 1 year ago.
if i asked for a full and final settlement figure from the solicitors will it prejudice the outcome of the claim
Expert:  Jenny replied 1 year ago.
Not if you mark any correspondence as 'without prejudice'. They won't then be able to refer to it in court, if it does that far.
Customer: replied 1 year ago.
should i first send the statute barred letter shown below:....You have contacted me/us regarding the account with the above reference number, which you claim is owed by myself/ourselves.I/we would point out that under the Limitation Act 1980 Section 5:“An action founded on simple contract shall not be brought after the expiration of six years from the date on which the cause of action accrued.”I/we would point out that in their Consumer Credit sourcebook, the Financial Conduct Authority states the following rules:"...a firm must not attempt to recover a statute barred debt in England, Wales or Northern Ireland if the lender or owner has not been in contact with the customer during the limitation period." 7.15.4
"A firm must not continue to demand payment from a customer after the customer has stated that he will not be paying the debt because it is statute barred." 7.15.8The last payment or acknowledgement of this debt was made over six years ago and no further acknowledgement or payment has been made since that time. Unless you can provide evidence of payment or written contact from me/us in the relevant period under Section 5 of the Limitation Act, I/we suggest that you are no longer able to take any court action against me/us to recover the alleged amount claimed.
Customer: replied 1 year ago.
marked 'without prejudice'
Expert:  Jenny replied 1 year ago.
I am sorry for the slight delay I was called away on something. Yes you can send that letter. Please note that you must also send off the acknowledgement of service form to the court to give yourself some time. Otherwise you might find that you receive a judgement in default.
Customer: replied 1 year ago.
i have already completed the online acknowledgement of service
Customer: replied 1 year ago.
does that give me 28 days from the date of issue?
Expert:  Jenny replied 1 year ago.
Good that protection your position in the first instance, if you get nowhere with settlement you will need to lodge a defence within 28 day of receipt of the claim form.Please take the time to rate my answer as I am not otherwise paid for the time I have spent working on your question. I will then be happy to answer your follow on questions.
Customer: replied 1 year ago.
of course i will rate your action.
i was told by the solicitors that i couldn't stop the court action now even if i made an offer.. was that wrong of them
Expert:  Jenny replied 1 year ago.
It is wrong in the sense that if they accept an offer to settle they can withdraw a claim. A hearing will not take place if a claim is withdrawn by the other party. If they do not accept an offer then the hearing will go ahead.
Customer: replied 1 year ago.
would your advice be to send the statute letter first before asking for a settlement offer
Expert:  Jenny replied 1 year ago.
To be honest I don't think they will accept the statute letter. I would say that this will form your defence but you are prepared to settle for 'x amount' on the basis that they will withdraw the claim.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know?
Jenny, Solicitor
Category: Law
Satisfied Customers: 6307
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
Jenny and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice