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JimLawyer
JimLawyer, Solicitor
Category: Law
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Experience:  Senior Associate Solicitor
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I was until yesterday a sub contractor for a company where I

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Hi, I was until yesterday a sub contractor for a company where I had an accident in one of their vehicles. My contract states I am liable for damage and for repairs. I have asked for the invoices from the repair centre but they will not provide them and have issued their own invoice... they have now issued a second invoice which has increased by £700 since yesterday. the first invoice stated they were stopping my wages owed to me £1024 and I had £2500 on top to pay them. then they sent another with £1024 wage deduction and £3340.04 on top to pay. I only want to see the original repair centre invoice but they won't send it.... please can you advise me?
JA: Where are you? It matters because laws vary by location.
Customer: kent uk
JA: What steps have you taken so far?
Customer: I have just asked for the original repair invoice from the garage and they haven't sent this. I am dealing with them via email.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Realistically, they don't have to send you anything until such point that the court becomes involved, i.e. you sue them or they sued you. During the court proceedings there is a process known as "standard disclosure" and they would be forced to send the invoice to you as it would be a relevant document in support of their claim.
​My view is you refuse to pay anything to them until they provide the evidence, pointing out that as a potential claimant, the onus is on them to prove their loss and to engage with you to try and avoid litigation.

It's strange they have hiked the second invoice up - so you would be justified in demanding sight of the original and refusing payment until they provide it. I doubt they will sue for their outlay.

If they do sue, you will receive court documents (a response pack) which you must complete and return to the court. It is a tick box exercise for the most part and there is a short section to write a defence which is easy enough though please feel free to come back to this site if you need any more help. A claim will also take 9-12 months to be decided at court. If you lost then you would get 14 days to pay the judgment before the claimant can enforce the order, and 30 days to pay in full before it is registered with credit agencies. The claimant cannot recover legal costs if they win, in a claim under £10K (a small claim), all they can claim are the court fees and interest.

If the claim has no merit then you have an option (after your defence is filed) to apply to strike the claim out. The court will consider an application if the claim has no merit, or is misconceived. The application costs £255 but this is recoverable if your application succeeds. If you are on a low income, have low savings or in receipt of benefits then you can ask the court to waive the court fee. If you won the application, the claim is struck out.

The hearing (if the case gets that far) is likely to be held remotely, it's you, a district judge (who is a practising solicitor or barrister) and someone from the claimant company. The Judge decides and if you lost, you get 14 days to pay the sum. If paid in full within 30 days then nothing goes on your credit record. But certainly I think you would succeed in a defence, just to be clear.

If the CCJ was not paid in full though bear in mind the credit record would contain the CCJ details for up to 6 years. After that it comes off the credit registers.
I can assist you going forwards if it gets to the point they issue a claim. If you need a law firm to assist you to defend the claim, here is an example for you and they offer a fixed fee : https://stormcatcher.co.uk/practice-areas/dispute-resolution/small-claims-lawyer-service/

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

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