Small Claims Court

[GasLightShining]

Someone is claiming money I owe for damage. The dispute is that I disagree the amount and the way the person went about it in that I was presented with an invoice months after the incident. There was no other quotes to show work was a fair quote or warning that the work was being done. I was under the impression that at least three quotes should be obtained and an agreement come to. I have offered what I feel is a fair amount taking into account that the damage was as result of someone else's actions.

Last week I received an e-mail attaching the statutory letter. The date of the incident is incorrect as I know I was at work that day (100% know this). The letter also refers to documents which are not attached.

My questions are:

1. Is the serving of this letter by email acceptable or should it be in person or by post?
2. If it is, do I reply saying that the date is incorrect and where are the documents?

By statutory letter, do you mean the letter before action?

Service by email is acceptable.

I'm not sure I would worry too much about the date unless it is miles out. That isn't what the dispute is about. I would certainly query the missing documents.

You say the damage was as a result of someone else's actions. Why are you liable?

Yes - it is the letter before action

I have reread the letter and it states the list of documents they will rely on and doesn't say they're attached . I have some documents like the copy of the invoice but the 'all correspondence both written and text' is more vague. Can I ask for copies and does the 28 days start again from when they reply - they could leave it until for 27 days before replying?

Would you mind if I messaged the details as although it's not awful it would be identifying if the other side are on here.

Nothing to stop you from asking but the 28 days won't restart. The "all correspondence" bit is too vague. They will need to be more specific if this goes to court.

Feel free to PM me.

Have sent you a message
Apologies in advance for the essay