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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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We are a ltd company and has sold goods to other ltd company

Resolved Question:

hi
we are a ltd company and has sold goods to other ltd company for the amount £13,500.00. other company is now denying they have received any goods as no delivery notes were made. The goods were delivered direct as we are in same building and neighbor plus we know this company for long time. The other company has made us a part payment but they say they have paid us as a favour and not towards the goods.
The only way we can prove is the other company has claimed vat on our invoices issued to them. We also know the vat quarter. If we get this companies debtor/creditor list then our company will appear on his list, although our accountant is same he want give these details to us.
How can we get these details or how can we get our money and prove that we have supplied goods. We will be ruined if we loose although we have supplied the goods.
thanks
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

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

I assume you have evidence as a driver or something to say they were delivered?

Customer: replied 1 year ago.
No we don't have as we are in same building next door
Customer: replied 1 year ago.
It is like delivery from second floor to first floor by lift
Expert:  Jamie-Law replied 1 year ago.

Ok - but someone must have delivered it?

Customer: replied 1 year ago.
I can get affidavit made with workers who delivered the goods as paid them they were temporary labourers hired
Customer: replied 1 year ago.
can get sworn affidavit from workers under oath
Customer: replied 1 year ago.
That they delivered goods to other company
Expert:  Jamie-Law replied 1 year ago.

Ok, then that is ok.

You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not pay 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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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 claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

As this is £13,500 you may want to limit it to £10,000 to keep it a small claim or go for the total sum and get representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
I can also get affidavit from the company who were storing my goods as they bought some and rest were delivered to defendant
Customer: replied 1 year ago.
Will affidavit from workers do help
Customer: replied 1 year ago.
What if defendent don't agree and says he has not received goods
Can judge ask for his vat period papers or debtors/ creditors list
Customer: replied 1 year ago.
My question is the vat return and his debtors/ creditors list can prove I delivered the goods
Customer: replied 1 year ago.
can judge demand this from defendant
Customer: replied 1 year ago.
Waiting reply
Expert:  Jamie-Law replied 1 year ago.

Yes. Otherwise its fraud.

Does that clarify?

Customer: replied 1 year ago.
Ok it clarifies a bit last question
Will judge demand his vat period papers or creditors/debtors list during ccj period
I mean if he defends then judge will give date for hearing would it be at this time or I will have to apply again
Customer: replied 1 year ago.
pay extra fees
Expert:  Jamie-Law replied 1 year ago.

no, but you can ask for it in terms of disclosure.

If he refuses, the Court can order it.

Does that clarify?

Customer: replied 1 year ago.
If court orders then do I have to pay again?
Expert:  Jamie-Law replied 1 year ago.

No. You issue proceedings, it goes to Court.

If the Court orders disclosure it included in what are called 'directions' that is the timetable and managing of the case

Does that clarify?

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