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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 13369
Experience:  Solicitor
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Being chases for an amount which was owed by the old company

Customer Question

Being chases for an amount which was owed by the old company owner & not me
JA: Where are you? It matters because laws vary by location.
Customer: United Kingdom We agreed to settle for the statement balance & they are now trying t claim compensation & court costs before it has even gone to court
JA: What steps have you taken so far?
Customer: I have agreed to settle there full statement balance out of goodwill
JA: Anything else you want the lawyer to know before I connect you?
Customer: Nope
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Expert:  Jamie-Law replied 3 months ago.

Can you please explain your situation a little more?

Customer: replied 3 months ago.
Hi Jamie - I took over my fathers company 6 months ago & a company didn't deliver 2 items which they are trying to charge us for - they also increased prices without notifying us so I have withheld payment
Customer: replied 3 months ago.
I have just agreed to settle there statement in full & final but they are now trying to incur court costs on us which don't exist
Customer: replied 3 months ago.
Hello?
Expert:  Jamie-Law replied 3 months ago.

Please bear in mind this is not on demand service as outlined in the original text.

Was full and final settlement agreed in writing?

Customer: replied 3 months ago.
They will not Accept Full & Final - I offered to pay there full statement balance & they said because they have filed a county court claim they have added one Compensation & Court bills
Customer: replied 3 months ago.
Even though I have agreed to pay there full statement balance
Expert:  Jamie-Law replied 3 months ago.

Has a claim been issued?
If it was owed by your old company, how are they saying you are liable?

Customer: replied 3 months ago.
they issued the claim - They have issued the claim to the old company & not my company
Customer: replied 3 months ago.
Yet my new company owes the total amount not the old company
Customer: replied 3 months ago.
They sent the same letter to 3 x different companies
Expert:  Jamie-Law replied 3 months ago.

OK - I dont understand.

Who owes the sum, the new co or old co?

Customer: replied 3 months ago.
New Co
Expert:  Jamie-Law replied 3 months ago.

Ok. The summons is in Old Co name?

Customer: replied 3 months ago.
They sent letters to 3 x companies, My one (owes the debt) (Random one never heard of) My fathers one (Old Company)They issued the court summons just to the Old Co Name
Expert:  Jamie-Law replied 3 months ago.

What costs / compensation are being claimed?
Is it under the Late Payment of Commercial Debts (Interest) Act?

Customer: replied 3 months ago.
Customer: replied 3 months ago.
I can prove I purchased the company from my Father 6 months ago quite easily
Customer: replied 3 months ago.
Interest 46.77
Compensation: 480
Collection Charge: 73
Customer: replied 3 months ago.
Thos are the ones they are claiming
Customer: replied 3 months ago.
I offered to settle in full & final there total statement amount out of goodwill even though the summons is to my fathers company but they have said they will not accept without payment for the above costs/compensation
Expert:  Jamie-Law replied 3 months ago.

Ok, then just file a defence saying there is no contract between New Co and Claimant.

There is no claim.

BUT - they would be entitled to interest on any late debt.

They would only be entitled to collection charge if it was included in any contract. Not included, then not payable.

For compensation its calculated (and fixed) under the Late Payment of Commerical Debts (Interest) act 1998\

Up to £999.99 - £40.00

£1,000.00 to £9,999.99 - £70.00

£10,000.00 or more - £100.00

So max £100.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 3 months ago.
The point is they are trying to take the old CO to court for the outstanding
Customer: replied 3 months ago.
not the New Co
Customer: replied 3 months ago.
They are also claiming Compensation on each invoice not the claim
Expert:  Jamie-Law replied 3 months ago.

Yes that is why you file a defence saying no contract.

They are entitled to compensation per invoice, based on the Late Payment Act I quoted, but ONLY in the sums above.

Up to £999.99 - £40.00

£1,000.00 to £9,999.99 - £70.00

£10,000.00 or more - £100.00

So max £100.

Does that clarify?